A former Managing Partner and member of Morris James’ Executive Committee, P. Clarkson Collins, Jr. has concentrated his litigation practice for almost 30 years on the representation of clients in complex corporate, commercial and fiduciary matters before both jury and non-jury tribunals. Clark represents corporations, directors, and officers and alternative entities and their managers and members in class, derivative and individual actions involving governance, breach of fiduciary duty, appraisal, dissolution, summary proceedings and claims for indemnification and advancement. Clark also represents clients in a wide variety of business tort, trust, fiduciary and contract actions, including lender liability, joint venture disputes, trade secret, unfair competition and professional liability claims. Recent representations include:
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Defense of telecommunications company at trial defeating challenge to its consummation of an industry merger
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Defense of a global technology company in a stockholder appraisal action challenging the merger consideration
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Defense of directors of petroleum company in shareholder class action trial challenging entire fairness of merger and successful appeal upholding defense judgment
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Defense of officer of global insurer in shareholder derivative action claiming breach of fiduciary duty
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Representation of chemical manufacturing company in joint venture dispute successfully enforcing contract and fiduciary claims against co-venturer
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Representation of biotechnology company in expedited suit to enjoin interference with contractual rights
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Defense of telecommunication equipment manufacturer in contract action seeking royalties under IP settlement agreement
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Representation of software technology company at trial and successful appeal upholding damages judgment and rejecting fraud defense
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Defense of university against breach of trust in connection with management of an endowed research institute and successful appeal upholding dismissal
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Defenses of Delaware law firm (D. Del.) and New York law firm (D. Del. Bkrtcy) against business tort claims
The Court of Chancery has appointed Clark to serve as custodian of a deadlocked Delaware Corporation and as a receiver for a commercial complex in loan default. The Delaware Supreme Court has appointed him to the Board of Bar Examiners and as Co-Chair of the Committee to Revise the Principles of Professionalism for Delaware Lawyers and to develop a Code of Professionalism for Judges. Clark participates in numerous civic and professional activities and frequently speaks and writes on civil and appellate litigation, corporate law and professional ethics.