As Senior Counsel in the litigation practice group, Katherine J. Neikirk focuses on corporate, alternative entity and commercial litigation. She works on expedited matters, derivative actions and class actions. Katherine's areas of experience include:
· Fiduciary duties of directors and officers in a variety of settings, including mergers and asset sales
· Disputes involving managers and members of Delaware limited liability companies
· Temporary restraining orders and preliminary injunctions
· Breach of contract actions in Delaware Superior Court, Delaware Court of Chancery and U.S. District Court, District of Delaware
· Inspection of books and records
· E-discovery
Honors and Awards
· Delaware Volunteer Legal Services Pro Bono Honor Roll, 2009
· Order of the Coif
· Villanova Law Review, Managing Editor of Student Works
Activities and Affiliations
· Delaware State Bar Association, Member
· American Bar Association, Member
· The Office of the Child Advocate, Delaware, Guardian ad litem on behalf of abused and neglected children
· Delaware Technical and Community College, "Business Organizations for Paralegals," Instructor
· Read Aloud Delaware, Volunteer
Experience
Nichols v. Lewis
2008 WL 2253192 (Del. Ch. May 29, 2008) (V.C. Strine)
Defended seller in breach of contract action. Summary judgment was granted in favor of defendants.
Derivative Action Asset Sale
Served on defense team for inside directors in derivative action arising from asset sale.
Limited Liability Company Dispute
Assisted with defense of limited liability company and member against action for temporary restraining order by another member. Temporary restraining order was denied.
Limited Liability Company Dispute
Assisted with representation of limited liability company and members in expedited litigation with former members involving claims of breach of fiduciary duty, breach of contract and misappropriation of trade secrets.
Publications
4.25.2012
Complex Civil Litigation Decision Provides Guidance on Assertion Of Attorney-Client Privilege
This article was originally published in the Delaware Business Court Insider | April 25, 2012
2.29.2012
Making the Most of Mediation in the Court of Chancery
This article was originally published in the Delaware Business Court Insider | February 29, 2012
02.01.2012
Economic Downturn Still Evident in Court of Chancery Cases
This article was originally published in the Delaware Business Court Insider | February 1, 2012
1.5.2012
Third-Party Beneficiaries Lack Standing to Seek Reformation of Contracts
This article was originally published in the Delaware Business Court Insider | January 4, 2012
12.14.2011
Delaware Supreme Court Addresses Scope of Relief in Section 220 Actions
This article was originally published in the Delaware Business Court Insider | December 14, 2011
10.12.2011
Traps for the Unwary - The Potential Consequences of Agreements to Negotiate in Good Faith
This article was originally published in the Delaware Business Court Insider | October 12, 2011
09.14.2011
Seizing Control of a Dispute by Seeking Declaratory Judgment
This article was originally published in the Delaware Business Court Insider | September 14, 2011
11.24.2008
The Risks of a Conflicted CEO
Originally published in Directorship Magazine, 2008
2008 to Present
Delaware Business Litigation Report
A Morris James blog including summaries and analysis of recent Delaware court decisions concerning business-related litigation.
10.03.2007
Lack of Director Independence Under Delaware Law: What You Need to Know
Partner Lewis H. Lazarus and Associate Katherine J. Neikirk of Morris James' Corporate and Fiduciary Litigation Group were recently featured in the October issue of The Corporate Counselor.