Cases that have been litigated by Berger Harris:

Keen v. Camac, C.A. No. 3492-MA (Del. Ch. November 21, 2011).

Estate litigation involving challenge brought in the Court of Chancery to the conveyance of a 21-acre parcel of undeveloped land in New Castle County.  Berger Harris obtained favorable verdict from Master Ayvazian which was affirmed by Vice Chancellor Laster.

Frank C. Whittington, II v. Dragon Group, LLC, 2009 WL 1743640 (Del.Ch. June 11, 2009), remanded, 991 A.2d 1 (Del. 2009).

Representation of defendants in Chancery Court action involving an intra-family membership dispute concerning a Delaware limited liability company.

Jaime Alfonso Visbal Salgado v. Mobile Services Intern’l, LLC, et al., C.A. No. 5268-VCN (Del. Ch.)

Representation of former member/agent of Delaware limited liability company seeking valuation of membership interest and commissions per LLC’s operating agreement.

National City Bank v. Frank Robino Companies, LLC and Stortini-Corrozi Development Company, LLC, C.A. No. 5335-VCP (Del. Ch.)

Representation of Receiver Pendente Lite appointed by the Court of Chancery to manage and operate a multi-million dollar apartment complex.

Schwartz v. Chase, 2010 WL 2601608 (Del. Ch. June 29, 2010) (link here).

Representation of plaintiff seeking business divorce. Decision of the Court of Chancery denied defendant’s motion to enforce a written and partially executed settlement agreement, clearing the way for the plaintiff to pursue his petition for judicial dissolution of the 50/50 Delaware limited liability company at the center of the dispute. 

Sunstar Ventures, LLC and J. Hynansky v. C. Tigani and NKS Distributors, Consol. C.A. No. 08C-04-042 (JAP) (Del. Super.).

Representation of defendant and third-party plaintiff in pending Delaware Superior Court action involving claims of breach of an alleged five million real estate contract and multi-million dollar libel per se.

William L. Allen, as Trustee of the William L. Allen Trust Dated September 5, 1995 v. Chicago Board Options Exchange, Inc. et al., 2009 WL 2366002 (Del.Ch. July 28, 2009).

Representation at trial and appellate level of shareholder's objection to his designated class status in class action settlement agreement.

Cases in which Berger Harris attorneys were involved prior to joining the firm:

Benihana of Tokyo v. Benihana, Inc., 891 A.2d 150 (Del. Ch. 2005), aff’d, 906 A.2d 114 (Del. 2006).

Representation of co-defendant in Chancery Court action involving shareholder claims of breaches of fiduciary duties and entrenchment.

Cignal Mortgage Corp., v. Gary Nader Corp., C.A. No. 4322-VCS (Del. Ch.)

Business divorce pertaining to aircraft holding company.

Crossan v. Anthony, C.A. No. 3195-CC (Del. Ch.)

Complex corporate and trust dispute involving respective rights of decedent's widow and adult children.

Development Capital Ventures, LP, v. Husseini, C.A. No. 643-N (Del. Ch.).

Representation of defendant in Chancery Court action brought under Section 225 of the Delaware General Corporation Law to contest composition of corporate board of directors.

William L. Allen, as Trustee of the William L. Allen Trust Dated September 5, 1995 v. Chicago Board Options Exchange, Inc. et al., 2009 WL 2366002 (Del.Ch July 28, 2009).

Representation at trial and appellate level of shareholder's objection to his designated class status in class action settlement agreement.

Edge of the Woods, L.P. v. Wilmington Savings Fund Society, FSB, 2001 WL 946521 (Del. Super. Aug. 16, 2001); 2000 WL 305448 (Del. Super. Feb. 07, 2000).

Representation of major Delaware financial institution in lender liability suit in the Delaware Superior Court involving claims of breach of fiduciary duty, fraud, and civil RICO violations.

Edix Media Group, Inc. v. Mahani, C.A. No. 2186-N, 2007 WL 417208 (Del. Ch. Jan. 25, 2007); 2007 WL 1576789 (Del. Ch. Feb. 1, 2007), aff’d, 935 A.2d 242 (Del. 2007).

Suit seeking enforcement of former employee's restrictive covenant and equitable and monetary damages for repeated flagrant breaches of same. Judgment for plaintiff affirmed on appeal.

Federated Kaufmann Fund v. Beede, C.A. No. 1593-N (Del. Ch.).

Representation of plaintiff in expedited Chancery Court action seeking preliminary injunction to enjoin closing of an asset sale approved by seller's board of directors on the basis of an allegedly defective proxy statement.

Frank C. Whittington, II v. Dragon Group, LLC, 2009 WL 1743640 (Del.Ch. June 11, 2009), remanded, 2009 WL 4894305 (Del. Dec. 18, 2009).

Representation of defendants in Chancery Court action involving an intra-family membership dispute concerning a Delaware limited liability company.

General Electric Capital Corp. v. LP Learjets, LLC, C.A. No. 1071-VCS (Feb. 3, 2005).

Representation of subsidiary of Fortune 500 company in expedited Chancery Court action seeking ex parte temporary restraining order to enjoin borrower from moving collateral during pendency of foreign replevin proceedings.

In re: Quintus Corporation [Quintus Corporation, et al. v. Avaya, Inc.], 332 B.R. 110 (Bankr.D.Del. Oct 13, 2005), aff’d in part remanded in part, 2007 WL 4233665 (D.Del. Nov 29, 2007), enforced, 389 B.R. 390 (Bkrtcy.D.Del. 2008).

Representation of bankruptcy trustee in adversary proceeding in the U.S. Bankruptcy Court (District of Delaware) involving Chapter 11 Trustee's claim of breach of contract relating to a certain Asset Purchase Agreement.

In the matter of Transamerica Airlines, Inc. [Akande v. Transamerica Airlines, Inc.], 2009 WL 2217748 (Del.Ch. July 22, 2009); 2008 WL 509817 (Del.Ch. Feb. 25, 2008); 2007 WL 1555734 (Del.Ch. May 25, 2007); 2006 WL 587846 (Del.Ch. Feb. 28, 2006).

Representation of Global 200 defendant in Chancery Court suit involving a putative judgment creditor's claim to recognize and enforce a multi-million dollar foreign judgment pursuant to Delaware’s Uniform Money-Judgments Recognition Act.

Kester Crosse v. Blue Cross Blue Shield of Delaware, Inc., C.A. No. 2159 (Del. Ch.), aff’d, 836 A.2d 492 (Del. 2003).

Representation of defendant in putative class action in Court of Chancery involving various claims of fraud and fiduciary violations.

Levco Alternative Fund Ltd. v. The Reader's Digest Association, Inc., 2002 WL 31835461 (Del.Ch. Aug. 14, 2002).

Representation of co-defendant in expedited Chancery Court action involving shareholder claims of breach of fiduciary duty relating to board's approval of stock issuance transaction.

Messina v. American Society of Law Enforcement Trainers, Inc., 2004 WL 1043793 (Del.Ch. Apr. 30, 2004).

Representation of defendants in Chancery Court action brought under Section 220 of the Delaware General Corporation Law to compel the inspection of corporate books and records.

New Jersey v. Delaware, 546 U.S. 1147, 126 S. Ct. 1184 (2006)

Interstate dispute regarding New Jersey's rights to regulate industrial activity on its shoreline, within the boundaries of Delaware.

Sepi Co. Ltd. v. Pena, C.A. No. 4053-VCS (Del. Ch.)

Suit seeking declaratory judgment regarding the proper constitution of a corporation's board of directors and the validity of actions taken by corporate officers.

Strategic Investment Network, LLC v. Bona Fide Property Investment, Inc., C.A. No. 07C-09189-JRJ (Del. Super.)

Suit by investor in hard money deal against mortgage company for breach of contract, good faith and fiduciary duties.

Sunstar Ventures, LLC and J. Hynansky v. C. Tigani and NKS Distributors, Consol. C.A. No. 08C-04-042 (JAP).

Representation of defendant and third-party plaintiff in pending Delaware Superior Court action involving claims of breach of an alleged five million real estate contract and multi-million dollar libel per se.

Weymar TBM, LLC v. Middlebury Equity Partners LLC, C.A. No. 4478-VCS (Del. Ch.)

Business divorce pertaining to aircraft holding company.