- In Kerbawy v. McDonald, the firm represented a substantial stockholder of ACell, Inc., in initiating and prosecuting an expedited corporate control dispute arising out of his attempt to remove the incumbent board of directors through a consent solicitation. Following substantial expedited discovery and trial, the Court of Chancery entered judgment in favor of our client on his affirmative claims, confirming that his slate was properly elected as the company’s board of directors. The Court also rejected the counterclaim of the incumbent board that our client tortuously interfered with certain agreements in connection with the consent solicitation.
- Our firm represented American Reality Capital Properties in expedited litigation in the Court of Chancery to specifically enforce the terms of a $700 million equity purchase agreement by which an affiliate of RCS Capital Corporation agreed to purchase all of American Realty’s outstanding equity interests in companies comprising American Realty’s private capital management business.
Corporate and Complex Commercial Litigation
Ross Aronstam & Moritz is focused on corporate and other complex commercial litigation in the Court of Chancery and other State and Federal courts in Delaware. Our litigation portfolio includes contests for corporate control, “busted deal” cases, alternative entity litigation, defense of corporations, directors, and officers against putative class actions brought by stockholder plaintiffs, and special statutory proceedings. Ross Aronstam & Moritz attorneys also have substantial experience with complex commercial and intellectual property litigation, as well as high-profile family trust disputes. Our experience in these disputes enables us to handle all stages of such matters, from pre-filing counseling through trial and appeal.