Expedited Litigation
As the premier business court in the United States, the Court of Chancery recognizes that, in many cases, transaction schedules and market realities require business disputes to be resolved on expedited schedules. As a result, high-stakes business litigation before the Court of Chancery routinely proceeds from initial pleading to trial within weeks or months — not years. Ross Aronstam & Moritz attorneys collectively have decades of experience handling all stages of such litigation, from discovery to dispositive motion practice, settlement, and trial.
Representative Matters
- QLess Section 225 Litigation
Our firm, together with Hogan Lovells, successfully represented Palisades Growth Capital in expedited litigation invalidating deceptive Board actions taken by a director and former CEO at Palisades’ portfolio company, QLess, resolving a control dispute.
- Adrenaline Shoc
Ross Aronstam & Moritz, together with Gibson, Dunn & Crutcher LLP, defeated an attempt to preliminarily enjoin the launch of Adrenaline Shoc, a new energy drink brand.
- CBS
Our firm, together with Wachtell Lipton and Weil Gotshal, represented CBS, directors, and management in litigation arising out of the Board's decision to issue a dividend that would dilute National Amusement's voting interest.
- Zale Class Action
Ross Aronstam & Moritz, together with Weil Gotshal, won dismissal of class action litigation challenging Signet Jewelers Limited's $690 million acquisition of Zale Corporation.
- Kinder Morgan Reorganization Litigation
Our firm, together with Weil Gotshal, won dismissal of class actions challenging Kinder Morgan’s acquisitions of El Paso Corporation, Kinder Morgan Energy Partners, L.P., and Kinder Morgan Management, LLC for more than $75 billion in the aggregate.
- SilkRoad
Our firm, together with Proskauer Rose, represented venture-backed software company SilkRoad in litigation brought by a founder and several early stockholders challenging a financing round, resulting in a favorable global settlement.
- ACell Section 225 Litigation
Our firm sucessfully represented a substantial stockholder of ACell in an expedited trial to confirm the removal the incumbent directors through a consent solicitation and election of our client's board slate.
- Caesars Entertainment
The firm, together with Quinn Emanuel and Katten Muchin, represented an indenture trustee for senior noteholders in expedited litigation seeking appointment of a receiver over Caesars' operating subsidiary, resulting in a favorable agreement with Caesars.
- Oiltanking Partners Deal Litigation
The firm, together with Andrews Kurth, represented Enterprise Products Partners L.P., in litigation arising out of its $6 billion acquisition of Oiltanking Partners LP.
- American Realty Capital Properties
Our firm represented American Realty Capital Properties in expedited litigation to specifically enforce the terms of a $700 million equity purchase agreement, leading to a favorable settlement.
- In re Complete Genomics, Inc. Shareholder Litigation, Cons. C.A. No. 7888-VCL (Del. Ch. 2013).
- DV Realty
Our firm, together with Baker & McKenzie, successfully represented the limited partners of a real estate investment fund in a statutory proceeding holding that the limited partners properly removed the defendant general partner.
- Dent v. Ramtron International Corporation, C.A. No. 7950-VCP (Del. Ch. 2012)
- Polycom
Our firm, along with Wilson Sonsini, represented Polycom in expedited litigation to specifically enforce the terms of a purchase and sale agreement by which an affiliate of Sun Capital agreed to purchase Polycom’s Spectralink business unit.
- Martin Marietta Materials, Inc. v. Vulcan Materials Company, C.A. No. 7102-CS (Del. Ch.), aff'd, No. 254,2012 (Del. 2012).
- In re Novell, Inc. S'holder Litig., C.A. No. 6032-VCN (Del. Ch. 2011)
- In re: The DIRECTV Group, Inc. Shareholder Litigation, C.A. No. 4581-VCP (Del. Ch. 2009)
- CNL-AB, LLC v. Eastern Property Fund I SPE (MS REF) LLC, C.A. No. 6137-VCP (Del. Ch. Jan. 28, 2011)
- In re CNX Gas Corp. Shareholders Litigation, C.A. No. 5377-VCL (Del. Ch. May 25, 2010)
- Royal Bank of Scotland PLC v. Rastetter, C.A. No. 5747-VCP (Del. Ch. 2010)
- Rohm & Haas v. Dow Chemical
Ross Aronstam & Moritz attorneys, partnering with Wachtell Lipton, had key roles in representing Rohm and Haas in one of the largest specific performance cases ever before the Court of Chancery.
- Rohm & Haas Co. v. Smith, No. 08-29229 (Pa. Ct. C.P. 2008)
- GE Funding Holdings, Inc. v. FGIC Corp., C.A. No. 4012-CC (Del. Ch. 2008)
- Clear Channel Broadcasting, Inc. v. Newport Television, LLC v. Wachovia Investment Holdings, LLC, C.A. No. 3550-VCS (Del. Ch. 2008)
- Verizon Communications Inc. v. Pizzirani, Civ. A. No. 06-4645 (E.D. Pa. 2006)
- Abry Partners V, L.P. v. F&W Acquisition LLC, C.A. No. 1756-N (Del. Ch. 2006), available at 891 A.2d 1032
News & Publications
- ArticleWhat Presidio Teaches Us About the Matryoshka Doll Structure of M&A Litigation
- RecognitionThe Legal 500 US Again Ranks Ross Aronstam & Moritz Among The Top Firms Nationwide for M&A Litigation
- ArticleVoigt v. Metcalf: Delaware Court of Chancery Adopts Innovative Approach to Assessing Allegations of Effective Control
- RecognitionThe Legal 500 US Again Ranks Ross Aronstam & Moritz Among The Top Firms Nationwide for M&A Litigation
- ArticleThe Demand Review Committee: How It Works, and How It Could Work Better
- Firm NewsMike Sirkin publishes lead article in The Business Lawyer with Delaware Supreme Court Justice Collins J. Seitz, Jr.
- ArticleThe Role of Section 220 in Stockholder M&A Litigation
- ArticleCourt of Chancery extends M&F Worldwide Framework to Controller/Third Party Transactions
- ArticleIn re Saba Software: Court of Chancery Allows First Plaintiff to Escape Corwin Dismissal
- ArticleSingh v. Attenborough: Delaware Supreme Court Deals Another Blow to Stockholder Plaintiffs in M&A Litigation
- ArticleThe Reinvigorated Exculpation Clause for Independent Directors in Controlled Companies
- ArticleMitigating the Risk of M&A Litigation an Old-Fashioned Way: Delaware Law Favoring Stock-for-Stock Mergers
- Speaking EngagementDavid Ross Speaks at the ABA Section of Litigation Annual Conference in New York on “Arguing TROs and Preliminary Injunctions”
