John is a partner in the Corporate & Business Litigation Group, and a former member of the Firm’s Executive Committee. John’s practice includes representing investors, directors and officers, corporations, limited liability companies and general and limited partnerships in litigation concerning mergers and acquisitions and other complex commercial disputes.
John routinely defends corporate defendants against stockholder lawsuits and has significant experience with takeover litigation. Family Dollars’ $8.5 billion acquisition of Dollar Tree, the Men’s Wearhouse $1.8 billion acquisition of Jos. A. Bank, Air Products’ $7 billion takeover attempt of Airgas, the Bear Stearns merger with JPMorgan in the midst of the 2008 financial crash, and Caremark Rx, Inc.’s $27 billion merger with CVS Corporation are just some of John’s representative matters.
John also routinely represents both individual and corporate clients who need to prosecute or defend corporate governance disputes including, for example, contests for board control, demands for appraisal or similar valuation disputes, demands for books and records, advancement and indemnification, requests for dissolution and receiverships, and a broad variety of other corporate governance disputes. John has extensive trial experience and has received the National Institute for Trial Advocacy, Advocate designation awarded to individuals who have devoted substantial time to trial practice continuing education.
John’s litigation practice is complimented by his advisory work and he also routinely advises boards of directors and special committees in internal investigations, and stockholder derivative demands.
At the invitation of the Honorable Andre G. Bouchard, Chancellor of the Delaware Court of Chancery, John serves on the Delaware Court of Chancery Rules committee, a body charged with regularly reviewing the Court’s rules and practices and working with the Court to ensure that the Court’s rules and practices remain optimal. He also frequently writes and speaks on emerging issues in corporation law both nationally and internationally. Most recently he partnered with the Honorable Randy J. Holland, Justice of the Delaware Supreme Court, and the Taiwan Corporate Governance Association in a project to develop an international corporate law database that will serve as a resource for judges assigned to Taiwan’s newly developed business court.
In 2015, John was invited to deliver the key note address at the Taiwan Corporate Governance Association’s 2015 International Summit on Corporate Governance, a two-day event focused on strengthening internal and external corporate governance mechanisms. The corporate governance summit was attended by members of Taiwan’s Securities and Futures Exchange, members of Taiwan’s Judicial and Legislative branches and a panel of international corporate governance experts and academics from various countries,including the United States, Japan, South Korea, Hong Kong, Singapore and Australia.
In 2020, he was recognized by The Legal 500 US for his M&A litigation defense work.
Abrams v. Wainscott et al. (District of Delaware)
Air Products and Chemicals, Inc. v. Roberts Oxygen Company, Inc. et al (Delaware Superior Court)
AT&T Corp. v. Lillis (Delaware Supreme Court- Appeal from Delaware Court of Chancery)
Bouchard, Margules & Friedlander PA vs Sun-Times Media Group Inc et al. (Delaware Superior Court)
City of Roseville Employees’ Retirement System et al. v. Lawrence Ellison, et al. (Delaware Court of Chancery)
Computer Services, Inc. v. Bluepoint Solutions, Inc. (Delaware Superior Court)
David P. Simonetti Rollover IRA v. Margolis (Delaware Court of Chancery)
ENI Holdings, LLC v. KBR Group Holdings, LLC (Delaware Court of Chancery)
Fillip v. Centerstone Linen Services, LLC (Delaware Court of Chancery)
Fisk Ventures, LLC v. Segal (Delaware Court of Chancery)
Franklin Balance Sheet Investment Fund v. Crowley (Delaware Court of Chancery)
Freedman v. Sumner M. Redstone et al. (Third Circuit)
Gold v. Ford Motor Company et al. (Third Circuit)
Highfields Capital, Ltd. v. AXA Financial, Inc. (Delaware Court of Chancery)
In re Affiliated Computer Services, Inc. Shareholders Litigation (Delaware Court of Chancery)
In re Del Monte Foods Co. Shareholders Litigation (Delaware Court of Chancery)
In re ISN Software Corp. Appraisal Litigation (Delaware Court of Chancery)
In re MoneyGram International, Inc. Stockholder Litigation (Delaware Court of Chancery)
In re SS&C Technologies, Inc. (Delaware Court of Chancery)
Kistefos AS v. Trico Marine Services, Inc. (Delaware Court of Chancery)
LaPoint v. AmerisourceBergen Corp. (Delaware Supreme Court)
Maverick Therapeutics Inc. and Millennium Pharmaceuticals Inc. v. Harpoon Therapeutics Inc. (Delaware Court of Chancery)
Olson v. Halvorsen (Delaware Supreme Court)
Pfeffer v. Redstone (Delaware Supreme Court)
Pre Solutions, Inc. v. Blackhawk Network, Inc. (District of Delaware)
Weiss v. Swanson (Delaware Court of Chancery)
News & Insights
- 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.
- Article, Practical Law, 08.01.2018
Statutory appraisal remedies allow stockholders who believe they have received inadequate consideration in certain transactions, such as mergers or consolidations, to obtain a judicial determination of the fair value of their shares. Over the years, courts, litigants, and experts alike have grappled with how to make an appropriate fair value determination. To marshal the evidence necessary to most favorably present their case, it is vital for counsel involved in appraisal proceedings to understand the relevant statutory requirements and stay up to date on the shifting case law, including the valuation approach courts are likely to prefer in a given situation.
- Speaking Engagement, Virtual, 03.29.2018
- Webinar, Webinar, 03.06.2018
- Speaking Engagement, Chicago, Illinois, 09.14.2017 Through 09.16.2017
- Speaking Engagement, New York, New York, 03.01.2017
- Media Mention, Law360, 02.09.2017
On Thursday, February 9, Justice Randy J. Holland announced his retirement, ending a 30-year tenure of service on the closely-watched Delaware Supreme Court bench.
- Article, Practical Law Litigation, 07.10.2016
A Q&A guide to the various provisional remedies available in Delaware state courts.
- Article, Practical Law Litigation, 04.05.2016
A Q&A guide to drafting, issuing, serving, and enforcing a discovery subpoena in a Delaware civil proceeding.
- Article, Practical Law Litigation, 04.05.2016
A Q&A guide on the different ways to respond to a discovery subpoena issued in a Delaware civil proceeding.
- Morris Nichols Participates in Taiwan Corporate Governance Association’s 2015 International Summit on Corporate GovernanceFirm News, 11.16.2015
Wilmington, DE (November 16, 2015) - In early November, the Taiwan Corporate Governance Association hosted the 11th Annual International Corporate Governance Summit, a two-day event in Taipei focused on strengthening internal and external corporate governance mechanisms. Members of the Delaware corporate governance community played prominent roles in the conference, with Morris Nichols partner John P. DiTomo presenting the keynote address and Delaware Supreme Court Justice Randy Holland invited as a guest of honor and delivering several speeches addressing emerging issues of Delaware law.
- Speaking Engagement, Taipei, 11.05.2015 Through 11.06.2015
- Article, Practical Law Litigation, 10.08.2015
A Q&A guide to general litigation information for Delaware.
- Speaking Engagement, Chicago, Illinois, 09.17.2015 Through 09.19.2015
- Article, Practical Law Litigation, 09.09.2015
A Q&A guide to appealing from an intermediate appellate court to the court of last resort in Delaware.
- Article, Practical Law Litigation, 09.09.2015
A Q&A guide to appealing from a trial court of general jurisdiction in Delaware.
- Article, Insights: The Corporate & Securities Law Advisor, 06.30.2015
Morris Nichols attorneys Bill Lafferty, John DiTomo and Mac Measly contributed this article on the Delaware Court of Chancery ruling in Healthways II concerning a so-called “dead hand proxy put” provision in a credit agreement.
- Media Mention, Law360, 03.03.2015
- Speaking Engagement, Taipei, Taiwan, 11.11.2014
- Speaking Engagement, Webinar, 06.11.2014
- Speaking Engagement, Webinar, 05.13.2014
- Speaking Engagement, Webinar, 01.27.2014
- Delaware Alert: A Third Circuit Panel Strikes Down the Court of Chancery's Confidential ArbitrationsArticle, 11.08.2013
Morris Nichols’ “Delaware Alert: A Third Circuit Panel Strikes Down the Court of Chancery’s Confidential Arbitrations” was featured on the Harvard Law School Forum on Corporate Governance and Financial Regulation on Nov. 8, 2013.
- The U.S. Court of Appeals for the Third Circuit Strikes Down Delaware's Confidential Arbitration ProgramArticle, 11.01.2013
John P. DiTomo, Morris Nichols Corporate and Business Litigation Group member, authored “The U.S. Court of Appeals for the Third Circuit Strikes Down Delaware’s Confidential Arbitration Program,” published in the November 2013 State Corner section of Insights: The Corporate & Securities Law Advisor (Vol. 27, No. 11).
- Morris Nichols Elects Patricia Vella, John DiTomo as Partners; Katherine Betterly as Special Counsel01.01.2013
- Article, 01.01.2011
John P. DiTomo and A. Gilchrist Sparks III, “The Short-term vs. Long-term Dilemma,” Ch. 6, Corporate Governance 2011, Practising Law Institute (2011)
- Article, 01.01.2010
Stephen P. Lamb, John P. DiTomo, “Federalization vs. Federalism in Corporation Law,” Ch. 25, Corporate Governance 2010 - A Master Class, Practising Law Institute (2010)
- Article, 01.01.2009
John P. DiTomo and William M. Lafferty, “Defining the Proper Subject Matter for a Bylaw under Delaware Law,” Practising Law Institute Corporate Governance 2009, 1774 PLI/Corp 337
- Dual Representation in Derivative Litigation: The Corporate Counsel's Role in Managing the Corporation's Conflicts of InterestsArticle, 01.01.2008
John P. DiTomo, “Dual Representation in Derivative Litigation: The Corporate Counsel’s Role in Managing the Corporation’s Conflicts of Interests,” 1677 PLI/Corp 867 (2008)
- Article, 01.01.2008
John P. DiTomo and A. Gilchrist Sparks III, “Management Projections: To Disclose or Not to Disclose?” 1677 PLI/Corp 379 (2008)
- Article, 11.01.2003
John P. DiTomo, “Does New Jersey’s Solution to its Education Crisis Run Afoul of the United States Constitution?” 6 U. PA. J. CONST. L. 328 (November 2003)
Honors & Recognitions
The Legal 500 US, mentioned in M&A litigation, 2020
Professional & Civic
Delaware Board of Bar Examiners (appointed by Delaware Supreme Court, 2018-2020)
Delaware Court of Chancery Rules Committee
Delaware State Bar Association
- Law Clerk to the Honorable William B. Chandler III, Chancellor, Delaware Court of Chancery, 2004-2005
University of Pennsylvania Law School, JD, 2004
University of Pennsylvania Journal of Constitutional Law, associate editor, 2002-2003; research editor, 2003-2004
University of Pennsylvania, Certificate of Study in Business Economics and Public Policy, 2004
Richard Stockton College of New Jersey, BA, 1997
- New Jersey