R. Eric Hacker

Overview

Eric Hacker is an experienced attorney who practices primarily within the firm's Business Litigation and Business Law Counseling groups.

Eric’s practices include both appeals and trial-level representations. Eric's peers have selected him four times as a top appellate attorney in Delaware Today's annual survey of Delaware attorneys. At the trial level, Eric primarily handles corporate and commercial litigation in the Delaware Court of Chancery and the Complex Commercial Litigation Docket of the Delaware Superior Court.

Eric regularly assists clients with disputes involving corporate governance, fiduciary duties, and alternative entities. Eric has also represented several clients in post-closing disputes involving stock purchase agreements and asset purchase agreements. He counsels clients regarding business structures and agreements, and he advises clients on best corporate practices. Outside of litigation, Eric’s goal is to help clients structure and conduct their business relationships to avoid disputes.

Eric's diverse experience allows him to help clients navigate complex legal situations. Before joining Morris James, Eric held positions at a global law firm, state and federal agencies, and state and federal courts. Eric also studied at Bucerius Law School in Hamburg, Germany, and he has published articles on topics ranging from employment regulations to comparative civil procedure.

Along with his regular practice, Eric participates in numerous pro bono and educational activities. Eric routinely publishes pieces regarding developments in Delaware corporate law. He represents pro bono clients through Delaware Volunteer Legal Services and the Office of the Child Advocate. Eric also coached the award-winning Sussex Central High School Mock Trial team at the state and national levels. Each year, Eric serves as an arbitrator and briefing judge for the Willem C. Vis International Commercial Arbitration Moot in Vienna, Austria.

Professional Affiliations

Delaware Community Legal Aid Society, Inc., Board of Directors, 2017 - present; Treasurer, 2018 - present.

Representative Matters

2022

Acted as first-chair trial counsel in an expedited Section 225 action that invalidated an improperly elected board of a biotech start-up
Argued and won an appeal in the Delaware Supreme court reversing a Superior Court decision on a matter of statutory construction
Served as litigation and trial counsel in a fraud dispute on behalf of the purchaser of the biotechnology company
Served as litigation and trial counsel for corporate trustee against claims related to an alleged breach of duties
Successfully defended against the appeal of the Superior Court verdict in favor of the client in breach of contract action
Navigated client to successful resolution on eve of trial of long-running breach of fiduciary duty dispute
Negotiated and obtained buyout of rogue LLC member on behalf of remaining members of start-up business

2021

Defeated summary judgment motions and prevailed at trial in multi-jurisdictional breach of contract action
Part of the team that litigated and successfully resolved expedited complex control dispute and breach of contract action in the Court of Chancery
Litigated and successfully resolved claims against clients for alleged breach of fiduciary duty in the connection management of interrelated series of Delaware LLCs
Served as primary litigation and trial counsel in the successful defeat of a former LLC member's attempt to be reinstated as a member