Bob is managing partner of the firm. As a litigator before the Court of Chancery, Bob has handled contests involving the control of corporations and partnerships, stockholder derivative actions, stock list cases and contract cases. Bob has extensive experience litigating cases in Superior Court, and in particular the Complex Commercial Litigation Division (“CCLD”) of that Court. Bob is an original member of the CCLD Advisory Committee, which recommended the CCLD policies and procedures. His Superior Court experience includes commercial, insurance coverage and liability cases.
A member of the panel of commercial arbitrators of the American Arbitration Association, Bob has extensive experience as an arbitrator and mediator.
Bob has represented insurers in several high profile insurance coverage cases, including claims involving directors and officers coverage, opioid claims, and cases involving toxic waste, product liability and professional liability claims.
Bob began his career as a trial attorney with the United States Department of Justice in Washington, D.C., where he handled civil and criminal cases for several consumer protection agencies.
Bob holds an AV Preeminent® rating from Martindale-Hubbell (1987-2024), has been named to the Delaware Super Lawyers® list (2007-2023) and is listed in The Best Lawyers in America® (2007-2023).
In Applied Energetics, Inc. v. Gusrae Kaplan Nusbaum PLLC, 2024 WL 1653743 (Del. Super.) aff’d, 2024 WL 513007 (Del. Supreme Ct.), Bob represented the defendant law firm and a former partner of that firm and won a motion to dismiss based on a lack of personal jurisdiction. The law firm had represented clients in two Delaware Court of Chancery cases. Plaintiff sued the law firm based for malicious prosecution of a case that the law firm filed in New York against plaintiff. The Superior Court dismissed the complaint, holding that plaintiff failed to identify sufficient Delaware contacts to establish personal jurisdiction over defendants. After briefing and oral argument, the Delaware Supreme Court affirmed the dismissal.
In re Fairpoint Insurance Coverage Appeals, 311 A.3d 760 (Delaware Supreme Court 2023). Bob represented three insurers in this appeal from an adverse grant of summary judgment in Superior Court. The Delaware Supreme Court reversed the Superior Court and ruled in favor of the insurers. The Court found that a litigation trust’s post-bankruptcy fraudulent transfer claims were direct, not derivative, and therefore not a “Securities Claim” under the insurance policies at issue.
Georgian American Alloys, Inc. v. Axis Insurance Co. (3d Cir. 2022). The Court affirmed District Court’s holding that insurer need not show prejudice when notice was untimely under a claims-made policy. Issue not yet addressed by Delaware Supreme Court. The Court based its decision on Devon Park Assoc., L.P. v. Federal Insurance Co., a District of Delaware case. Bob represented the insurers in both cases.
Obtained dismissal on ground of no personal jurisdiction with respect to declaratory judgment action concerning buy-sell provision of limited liability company agreement.
Won dismissal of defendant in helicopter fatality case based on lack of personal jurisdiction.
Won summary judgment for insurer in coverage case, based upon attorney professional liability policy exclusion of any dispute over fees or costs.
Lead trial counsel in successful Court of Chancery trial against largest class member that refused to pay its share of attorneys’ fees.
In a case of first impression in Delaware, the Superior Court, applying the Full Faith and Credit clause of the U. S. Constitution, denied motion to dismiss client’s registration of Arizona judgment under the Uniform Enforcement of Foreign Judgments Act, even though the Canadian judgment upon which the Arizona judgment was based could not have been domesticated under the Uniform Foreign-Country Money Judgment Recognition Act. The Delaware Supreme Court affirmed.
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