David’s practice focuses on corporate and alternative entity litigation before the Delaware Court of Chancery with a particular emphasis on shareholder class and derivative actions, appraisal cases, and shareholder activism lawsuits.
In addition, David advises boards of directors and special committees of directors on all aspects of Delaware corporate law, including related party transactions with controlling shareholders and directors, mergers and acquisitions, proxy and consent solicitations, and shareholder derivative demands. As lead or co-lead counsel, he has successfully argued and tried cases concerning fiduciary duties, corporate governance, and breach of contract issues.
He has been recognized in The Legal 500 US for his M&A litigation work and also selected for inclusion in The Best Lawyers in America for Delaware since 2008. In 2021, he was recognized by Chambers USA for his Chancery work.
Represented HealthNow Holdings, Inc. in a multi-defendant case concerning breach of fiduciary duties. Silverberg v. Padda, et al., 2019 WL 4566909
Represented NRC Group Holdings Corp. in a suit challenging the company’s planned merger with U.S. Ecology Inc. SBTS, LLC, v. NRC Group Holdings Corp., et al., Del. Ch., C.A. No. 19-0566-JTL
Represented True Value Company and its board of directors in action in the Delaware Court of Chancery challenging a corporate transaction. Successfully argued in opposition to plaintiff’s motion seeking to enjoin corporate transaction. Standard Plumbing Supply Co., Inc. v. John Hartman, et al., C.A. No. 2018-0257-JRS
Represented venBio Select Advisors LLC in connection with its proxy solicitation to elect a majority of the board of directors of Immunomedics, Inc. Successfully argued a motion for a temporary restraining order enjoining the consummation of a license agreement between Immunomedics and Seattle Genetics, Inc. in Chancery Court action. Represented a shareholder activist and assisted the activist in electing a majority of the board. venBio Select Advisors LLC v. Goldenberg, et al., C.A. No. 2017-0108 (Del. Ch. March 9, 2017)
Represented members of the Conflicts Committee of Regency Energy Partners LP in an action in the Delaware Court of Chancery challenging Regency’s merger with Energy Transfer Partners, L.P. Dieckman v. Regency GP, L.P., et al., C.A. No. 11130-CB
Represented John Q. Hammons Hotels, Inc., its board of directors and Atrium LLC in a breach of fiduciary duty trial in the Court of Chancery.
Represented Cadbury Schweppes plc, The Carlyle Group L.P., and Dr Pepper Bottling Company of Texas in breach of fiduciary duty and appraisal trial in the Court of Chancery.
Represented CA, Inc. in a trial before the Court of Chancery involving a breach of contract claims against Ingres Corporation.
Represented Conflicts Committee of Crestwood Gas Services G.P., LLC in litigation challenging merger with Inergy Midsream L.P.
Represented Constellation Energy Partners LLC in Court of Chancery lawsuit challenging transaction with Sanchez Oil & Gas Corporation.
Represented Inergy, L.P. in Court of Chancery action challenging merger between Inergy, L.P. and Inergy Holdings, L.P.
Served as counsel to Icahn Associates and High River Limited Partnership in litigation brought against Hallwood Realty, LLC and its directors in connection with tender offer for all of the outstanding units of Hallwood Realty Partners L.P.
Represented Pan American Energy Corporation in jury trial in the Delaware Superior Court.
Represented Special Committee of Methode Electronics, Inc. in shareholder class action brought in the Delaware Court of Chancery challenging conflict transaction.
Served as counsel to the directors of eUniverse, Inc. in breach of fiduciary duty trial before the Delaware Court of Chancery.
News & Insights
- Chambers USA 2021 Again Recognizes Morris Nichols in Band 1 in Four Delaware Practices; 27 Attorneys Named Among Leading Delaware PractitionersMedia Mention, Chambers USA, 05.20.2021
The 2021 edition of Chambers USA has again ranked Morris Nichols in the top tier in four Delaware practice categories.
- Firm News, Benchmark Litigation, 10.05.2020
- Firm News, 08.20.2020
Thirty-one Morris Nichols attorneys were recognized in the 2021 edition of The Best Lawyers in America. The results are based on peer-review evaluations from more than 67,000 eligible attorneys.
- Firm News, 06.10.2020
The Legal 500 United States today released its 2020 edition, ranking Morris, Nichols, Arsht & Tunnell LLP in its nationwide guide to the foremost law firms in the United States.
- Firm News, 09.25.2019
Wilmington, DE (September 25, 2019) - The 2020 edition of Benchmark Litigation’s guide to the leading U.S. litigation law firms again recognizes Morris, Nichols, Arsht & Tunnell LLP in the top “Highly Recommended” band for Delaware law firms. The guide notes that Morris Nichols “has established itself as one of the most respected presences in the Delaware legal market.”
- Firm News, 08.15.2019
Wilmington, DE (August 15, 2019) - Thirty-five Morris Nichols attorneys were selected for inclusion in the 2020 edition of The Best Lawyers in America. The results are based on peer-review evaluations from more than 94,000 eligible attorneys.
- Firm News, 11.14.2018
Wilmington, DE (November 14, 2018) - Benchmark Litigation has released its annual legal directory focusing exclusively on the litigation and disputes market. The 2019 edition again ranks Morris, Nichols, Arsht & Tunnell LLP in the top “Highly Recommended” band for Delaware law firms.
- Firm News, 08.15.2018
Wilmington, DE (August 15, 2018) - Thirty-three attorneys from Morris, Nichols, Arsht & Tunnell LLP were selected for inclusion in the 2019 edition of The Best Lawyers in America. The results are based on peer-review evaluations from more than 87,000 eligible attorneys.
- Firm News, 08.15.2017
Wilmington, DE (August 15, 2017) - Thirty-two attorneys from Morris, Nichols, Arsht & Tunnell LLP were selected for inclusion in the 2018 edition of The Best Lawyers in America. The results are based on peer-review evaluations from more than 83,000 eligible attorneys.
- Firm News, 10.24.2016
Wilmington, DE (October 24, 2016) - Benchmark Litigation has released its 10th anniversary guide to the leading litigation firms in the United States. The 2017 publication again ranked Morris Nichols “Highly Recommended” for Delaware with Benchmark noting the firm’s reputation “one of the most respected presences in the Delaware legal market.”
- Firm News, 08.15.2016
Wilmington, DE (August 15, 2016) - Thirty attorneys from Morris, Nichols, Arsht & Tunnell LLP were selected for inclusion in the 2017 edition of The Best Lawyers in America®. The results are based on peer-review evaluations from more than 79,000 eligible attorneys.
- Firm News, 06.15.2016
Wilmington, DE (June 15, 2016) - Morris, Nichols, Arsht & Tunnell LLP has been ranked as a leading M&A law firm in The Legal 500 United States 2016. Now in its tenth edition, the U.S. guide organizes various practice areas into a single national ranking to highlight firms with a national presence in sophisticated and complex matters.
- Firm News, 10.15.2015
- Firm News, 08.17.2015
- Firm News, 09.24.2014
- Firm News, 08.18.2014
- Morris Nichols Attorneys Named to 2014 Best Lawyers in America - 60 Practice Specialty Selections; 22 Top-Listed Practice areas; 5 Delaware Lawyers of the Year08.01.2013
Honors & Recognitions
Chambers USA: Guide to America’s Leading Lawyers, ranked in Delaware Chancery, 2021
The Legal 500 US, recommended in M&A litigation, 2016, 2020
Benchmark Litigation, Future Star in securities litigation, 2013-2021
The Best Lawyers in America, listed in commercial and corporate litigation, 2008-2021
Professional & Civic
American Bar Association (Business Law and Litigation Sections)
Delaware State Bar Association
Georgetown University Law Center, JD, magna cum laude, 1993
Wharton School of the University of Pennsylvania, BS, economics, magna cum laude, 1990
- Delaware, 1993