Susan’s practice focuses on proceedings in the Delaware Court of Chancery and the Delaware Supreme Court arising under the Delaware General Corporation Law, including litigation involving corporate mergers and acquisitions and shareholder class and derivative actions.
She also represents national and regional clients in complex business disputes pending in the Delaware Superior Court and the Delaware District Court.
Susan has substantial experience working on a variety of cases involving important issues of Delaware law, including M&A class action litigation, derivative litigation, corporate governance disputes, demands for books and records, dissolution proceedings, and other complex commercial disputes. Susan also regularly advises corporate boards of directors and special committees, including demand review committees.
Susan is a member of the Morris Nichols Recruiting Committee and Diversity Committee.
Represented directors of Uber Technologies, Inc. in a stockholder derivative suit. Successfully obtained dismissal pursuant to Court of Chancery Rule 23.1, which was affirmed on appeal by the Delaware Supreme Court. McElrath v. Kalanick et al., C.A. No. 181,2019
Represented TripAdvisor and its directors in action alleging stockholder litigation demand was wrongfully refused. Successfully obtained dismissal with prejudice of all claims pursuant to Court of Chancery Rule 23.1. Friedman v. Maffei, C.A. No. 11105-VCMR
Represented Navistar in expedited proceedings brought by the assignee of Indigen Armor. Successfully defeated application for temporary restraining order and obtained settlement on favorable terms. McManigle v. Navistar Defense, LLC, C.A. No. 10147-CB
Represented PreCision Dermatology, Inc. in expedited litigation involving a licensing dispute. Glenmark Genetics, Inc. v. Astellas Pharmaceuticals Europe, B.V. et al.
Represented eCommerce Industries, Inc. in expedited breach of contract litigation. eCommerce Industries, Inc. v. MWA Intelligence, Inc.
Represented Diamond Foods, Inc. in derivative litigation. Successfully obtained dismissal of all claims. In re Diamond Foods, Inc. Derivative Litigation
Represented directors of Barnes & Noble, Inc. in litigation challenging acquisition of Barnes & Noble College Booksellers, Inc. In re Barnes & Noble Stockholder Derivative Litigation
Represented Hercules Offshore, Inc. and its officers and directors in derivative litigation in the District of Delaware challenging executive compensation. Successfully obtained dismissal. Raul v. Rynd
Represented directors of Barnes & Noble, Inc. in expedited litigation challenging adoption of poison pill. Yucaipa American Alliance Fund II, L.P. v. Riggio et al.
Represented professional sports leagues and the NCAA in challenging Delaware’s sports betting scheme. Successfully struck down Delaware’s proposed sports lottery as violative of federal law. Office of the Commissioner of Baseball v. Markell.
News & Insights
- 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, 05.28.2020
- Chambers USA 2020 Ranks Morris Nichols Band 1 in Four Delaware Practices; 24 Morris Nichols Attorneys Recognized Among Leading Delaware PractitionersFirm News, 04.23.2020
- 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, 05.09.2019
Fifteen Morris Nichols attorneys have been selected for inclusion in 2019 Delaware Super Lawyers. Derek C. Abbott and William M. Lafferty appear on the “Top 10” list recognizing the Delaware lawyers who received the highest point totals - with Bill designated as the “Number One” attorney on the Top 10. In addition, attorneys Eric S. Klinger-Wilensky and D. McKinley (Mac) Measley were recognized as Delaware Rising Stars.
- Speaking Engagement, Chicago, Illinois, 04.11.2019 Through 04.12.2019
- 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.
- Speaking Engagement, Austin, Texas, 09.13.2018 Through 09.15.2018
- 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.
- Speaking Engagement, Wilmington, Delaware, 09.29.2017
- 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, 05.03.2016
Wilmington, DE (May 3, 2016) - Six partners from Morris, Nichols, Arsht & Tunnell LLP have been included in Best Lawyers Business Edition’s list of 2016 Women in the Law. Featuring peer-nominated attorneys in 140 practice areas, the list is part of the inaugural Best Lawyers Business Edition publication, produced in collaboration with the women’s legal advocacy organization Ms. JD.
The 2016 Women in the Law results are based on peer-review evaluations from more than 79,000 eligible attorneys and features all female attorneys listed in The Best Lawyers in America 2016. The six Morris Nichols partners selected for inclusion focus their practices on various business law areas, including bankruptcy, restructuring, corporate counseling, corporate litigation, and IP.
- Firm News, 10.15.2015
- Firm News, 08.17.2015
- Speaking Engagement, Wilmington, Delaware, 05.28.2015
- Firm News, 09.24.2014
- Firm News, 08.18.2014
- Firm News, 01.03.2014
Honors & Recognitions
Chambers USA: Guide to America’s Leading Lawyers, ranked in Delaware Chancery, 2020
The Legal 500 US, mentioned in M&A litigation, 2020
Benchmark Litigation, Local Litigation Star, 2013-2021
Delaware Super Lawyers, listed in business litigation, 2019-2020
The Best Lawyers in America, 2015-2021
Best Lawyers Business Edition’s Women in the Law, 2016-2019
Professional & Civic
American Bar Association (Business Law and Litigation Sections)
Delaware State Bar Association
University of Michigan Law School, JD, 1998
University of Michigan Journal of Law Reform, associate editor, 1996-1997; note editor, 1997-1998
Williams College, BA, psychology, cum laude, 1994
- Delaware, 2003
- Illinois, 1998
- US District Court for the District of Delaware, 2004
- US District Court for the Central District of Illinois, 1999
- US District Court for the Northern District of Illinois, 1998
- US Court of Appeals for the Third Circuit, 2007
- US Supreme Court, 2010