SKJ was lead counsel representing an investor and former board member who asserted claims for breaches of fiduciary duties, breach of contract and a dissolution.  This matter was resolved after discovery. Austin v. Evermarkets, C.A. No 2023-0350 (Del. Ch.)

SKJ was part of the team that represented plaintiff, a North American distributor of various bone grafting technologies, against defendant manufacturer in a contract dispute.  The case was tried in 2022 and plaintiff won a jury verdict.  The manufacturer appealed but the Third Circuit affirmed the jury verdict in favor of plaintiff. Artoss Inc. v. Artoss GmbH et al., Case No. 1:20-CV-00741 (D. Del.)

SKJ represented a biotech company, focused on addiction treatment until the COVID-19 pandemic when it shifted to the distribution of COVID-19 tests and protective equipment, and filed a fraudulent inducement claim.  This matter was settled. To the Moon Investments, LLC et al. v. Benaron et al., C.A. No. 2022-0577 (Del. Ch.)

SKJ was lead counsel and litigated a fraud in the inducement claim relating to GDM Electronic & Medical, LLC.  This matter was settled. EMS Acquisition Holdings Inc. v. Grant Murphy et al., C.A. No. 2021-0535 (Del. Ch.)

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.

Successfully defended at trial a Fortune 100 consumer products company in an action in which the plaintiffs alleged a $500 million fraudulent conveyance as part of a spin-off

Obtained a $20 million judgment on behalf of a small company against a major telecommunications provider on a contract claim, after trial in federal court in Kansas

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.

Won a contested contest for control of a class action in In re Revlon Stockholders’ Litigation, 990 A.2d 940 (Del. Ch. 2010) a breach of fiduciary duty action. Successfully sued largest class member when it refused to pay its share of attorneys’ fees. Smith, Katzenstein & Jenkins LLP v. Fidelity Management & Research Co., C.A. No 8066-VCL, 2014 WL 1599935 (Del. Ch. Apr. 16, 2014).

Obtained an award for plaintiff in excess of $4 million and attorneys’ fees following a bench trial on a breach of contract and unjust enrichment claims under a loan agreement. TN Investors, LLC v. RETN, LLC, 2011 WL 862268 (Del. Super. Ct. Feb. 10, 2011)