David's practice is focused on corporate litigation, on both plaintiffs' and defendants' behalf. Some recent examples of cases that resulted in a decision are:
Lead counsel in derivative and class action lawsuits
S.I. Management, L.P. v. Wininger, 707 A.2d 37 (Del. 1998) in which the Supreme Court upheld an injunction issued by the Court of Chancery preventing the liquidation of a limited partnership and Smith v. Nu-West Industries, Inc., C.A. No. 15442, 2000 WL 1641248 (Del. Ch. Oct. 25, 2000) in which the Court of Chancery, affirmed by the Supreme Court (781 A.2d 695 (Del. 2001)), determined that the class of preferred stockholders had been wrongfully deprived of part of the accrued dividends to which they were entitled.
Breach of Fiduciary Duty
Gentile v. Rossette, 906 A.2d 91 (2006), in which the Delaware Supreme Court (on an interlocutory appeal) reversed a grant of summary judgment against plaintiffs, resulting in a clarification of the direct/derivative claim distinction.
Appraisal Cases
Gentile v. SinglePoint Financial, Inc., C.A. No. 18677, 2003 WL 1240504 (Del. Ch. Mar. 5, 2003), in which the plaintiff stockholders received almost double the merger price and Borruso v. Communications Telesystems International, 753 A.2d 451 (Del. Ch. 1999) in which plaintiffs obtained over 30 times the merger consideration.
Disputes Over Control of a Company or Other Entity
Godsy v. Gruenberg, C.A. No. 20190 (Del. Ch. Apr. 22, 2003) (TRANSCRIPT) and Rohe v. Reliance Training Network, Inc., C.A. No 17992, 2000 WL 1038190 (Del. Ch. July 21, 2000); Facchina v. Malley, 2006 WL 2328228 (Del. Ch., August 01, 2006).
Indemnification and Advancement Actions
Greco v. Columbia/HCA Healthcare Corp., C.A. No. 16801, 1999 WL 1261446 (Del. Ch. Feb. 12, 1999), in which advancement of a director's legal fees was ordered by the Court of Chancery; Black v. Hollinger International, Inc., Del. Ch., C.A. No. 1339-N, in which a favorable settlement was negotiated on behalf of Conrad Black; Sun Times Media Group, Inc. v. Black, 2008 WL 3009116 (Del. Ch.), in which the Court of Chancery determined that advancement continues on appeal from an adverse judgment.
Books and Records Actions
Grimes v. DSC Communications Corp., 724 A.2d 561 (Del. Ch. 1998), in which the Court of Chancery ordered production of most of the requested books and records.
David has also been involved in litigation involving the fiduciary duties of estate administrators (Stegemeier v. Magness, 728 A.2d 557 (Del. 1999)), which was ultimately resolved in the clients' favor (C.A. No. 12845, 1999 WL 1083874 (Del. Ch. Nov. 23, 1999)) breach of contract actions (BioLife Solutions, Inc v. Endocare, Inc., 838 A.2d 268 (Del. Ch. 2003)), (in which the Court of Chancery awarded the entire amount of damages sought), and procedural disputes involving whether Delaware (as opposed to another state or federal court) is the proper forum in which to proceed (HFTP Investments, L.L.C. v. Ariad Pharmaceuticals, Inc., 752 A.2d 115 (Del. Ch. 1999)).
Professional Associations and Memberships
· Delaware State Bar Association: General Corporation Law Section; Member, Council of Corporation Law Section (2005-present; Secretary, 2006-present)