John is a trial lawyer with nearly two decades of experience representing boards of directors, investors, and Fortune 500 companies in cases involving corporate governance issues, mergers and acquisitions, and stockholders’ rights. Deemed “Smart, savvy, practical,” John has also been regarded as, “Great on his feet [with] excellent judgment.” (Legal 500 2021)
John’s practice puts him at the forefront of the major M&A cases litigated in the Delaware Court of Chancery and the Delaware Supreme Court. He also has significant experience litigating cases in the Complex Commercial Litigation Division (CCLD) of the Delaware Superior Court.
John leverages his deep knowledge of Delaware law and finance to craft solutions for his clients. Some of John’s recent trial victories include securing a multi-million-dollar final judgment in favor of a pharmaceutical company whose investment was fraudulently induced and successfully prosecuting an appraisal action through trial and appeal, resulting in one of the largest appraisal awards in recent Delaware history.
He has been recognized in the peer-reviewed law firm ranking publications Legal 500 for his M&A litigation defense work and Best Lawyers in America for his complex commercial litigation work. Legal 500 (2021) sources enthuse, “John DiTomo is a rock star,” and others say he is “an exceptional lawyer… well respected by the Judges and Vice Chancellors. Such credibility is key.”
Outside of the court room, John serves on the Delaware Court of Chancery Rules Committee, and the Delaware Board of Bar Examiners. John is also honored to serve on the University of Pennsylvania Institute for Law and Economics (Board of Trustees).
John is a graduate of the University of Pennsylvania Law School where he served as an editor of the Journal of Constitutional Law and earned a Certificate of Study in Business Economics and Public Policy from the Wharton School of the University of Pennsylvania. Following law school, he clerked for the former Chancellor of the Delaware Court of Chancery, the Honorable William B. Chandler, III.
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
- Article, Practical Law Litigation, 12.20.2021
Morris Nichols attorneys William Lafferty, John DiTomo, and Mathew Clark contributed eight guides on Delaware litigation to Practical Law Litigation.
- Media Mention, The Best Lawyers in America, 08.19.2021
The Best Lawyers in America has released its 2022 edition, listing thirty-two attorneys from Morris Nichols. The results are based on peer-review evaluations from more than 66,000 eligible attorneys.
- Media Mention, The Legal 500, 06.10.2021
Morris Nichols was ranked in The Legal 500 US, a nationwide guide to the foremost law firms in the United States.
- 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.
- 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
- Speaking Engagement, Chicago, Illinois, 09.17.2015 Through 09.19.2015
- 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, 2020-2021
The Best Lawyers in America, listed in Delaware commercial litigation, 2022
Professional & Civic
Delaware Board of Bar Examiners (appointed by Delaware Supreme Court, 2018-present)
Delaware Court of Chancery Rules Committee
Delaware State Bar Association
University of Pennsylvania Institute for Law and Economics (Board of Trustees)
- Law Clerk to the Honorable William B. Chandler III, Chancellor, Delaware Court of Chancery
University of Pennsylvania Law School, JD
University of Pennsylvania Journal of Constitutional Law
University of Pennsylvania Wharton School of Business, Certificate of Study in Business Economics and Public Policy
Richard Stockton College of New Jersey, BA