Chancery & Corporate Governance
Our attorneys work side by side to form the premier hybrid of corporate and IP law.
This union results in corporate advice enriched by our deep understanding of intellectual property law and strategy.
We offer corporate governance advice and litigation to corporate boards and their committees on issues relating to fiduciary obligations, compliance with the provisions of the Delaware General Corporation Law, best practice guidelines with respect to intellectual property assets, and defending shareholder suits alleging breaches of the fiduciary duties. We also have considerable experience handling expedited proceedings in the Delaware Court of Chancery.
Clients trust Fish to craft IP strategies that maximize shareholder value.
We provide counseling and litigation service to clients facing a wide range of corporate governance issues, including:
- IP-related fiduciary obligations in mergers, acquisitions, and asset sales
- Compliance with the Delaware General Corporation Law
- Defending shareholder suits alleging breaches of the fiduciary duties of care, loyalty, disclosure, oversight, and other business tort
Litigation under the Delaware General Corporation Law
- Actions for advancement and indemnification of litigation expenses of officers and directors
- Suits to compel the issuance of new stock certificates or the registration of stock transfers
- Actions to compel annual meetings of stockholders
- Actions to break deadlocked votes of shareholders
- Actions to enforce rights to inspect and copy corporate books and records
- Actions to determine rightful directors following contested corporate elections
- Appraisal proceedings for the shares of stock of minority shareholders in force-out mergers
- Dissolution and insolvency proceedings
Technology litigation
- Actions to enforce confidentiality, nondisclosure, and nonsolicitation agreements
- Actions related to technology licensing agreements and equitable relief related to underlying technologies
- Actions involving claims for misappropriation of trade secrets, conversion, tortious interference with contractual and business relations, unfair competition, and deceptive trade practices
Expedited litigation
- Actions for TROs and preliminary and permanent injunctions
- Actions for rescission or rescissory damages to unwind transactions
- Actions for reformation of agreements or corporate documents
- Actions for specific performance
- Actions for an accounting of assets
- Actions for constructive or resulting trusts or equitable liens on misappropriated property
We know high-stakes litigation.
Fish handles more patent cases than any other firm. More importantly, we win the largest cases, worth billions of dollars and often with entire businesses on the line. We know what’s at stake in major corporate disputes and we have a long history of winning complex, high-value, bet-the-company cases for our clients through hard-fought, and often grueling, litigation.