P. Clarkson Collins, Jr.

P. Clarkson Collins, Jr. has more than 40 years of litigation experience in complex corporate, commercial, and fiduciary matters in both jury and non-jury trials. Clark is a Fellow in the American College of Trial Lawyers. He 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. He also represents clients in a wide variety of business tort, trust, fiduciary, and contract actions, including trade secret, unfair competition, lender liability, joint venture disputes, and professional liability claims.

• Defense of telecommunications company at trial defeating challenge to its consummation of an industry merger
• Representation of global chemical manufacturing company to remedy misappropriation of its industry leading proprietary trade secret technology
• Defense of directors of petroleum company in shareholder class action trial challenging entire fairness of merger and successful appeal upholding defense judgment
• Defense of officer of global insurer in shareholder derivative action claiming breach of fiduciary duty
• Representation of chemical manufacturing company in joint venture dispute, successfully enforcing contract and fiduciary claims against co-venturer
• Representation of biotechnology company in expedited suit to enjoin interference with contractual licensing rights
• Defense of telecommunication equipment manufacturer in contract action seeking royalties claimed under IP settlement agreement
• Defense of bank against lender liability claims at trial and successful appeal upholding verdict
• Representation of software technology company at trial and successful appeal upholding damages judgment and rejecting fraud defense
• Defense of university against breach of trust in connection with management of an endowed research institute and successful appeal upholding dismissal
• Representation of hedge funds owner in litigation against co-owner for breaches of fiduciary duty and winding up the funds

Professional Background

Delaware Department of Justice, Deputy Attorney General, Criminal Prosecutor, 1976-78

Professional Affiliations

Fellow, American College of Trial Lawyers
Delaware State Bar Association, Executive Council of the Corporation Law Section, Chair, 2017-2018
Delaware State Bar Association, Professional Ethics Committee, Co-Chair, 1991-95
Delaware State Bar Association, Judicial Appointments Committee, 2004-Present
Delaware Supreme Court Committee to Revise Principles of Professionalism for Delaware Lawyers and to Develop Code of Professionalism for Judges, Co-Chair by Court Appointment, 2003
Delaware Board of Bar Examiners, Assistant Secretary, 1987-1988, Secretary, 1989-90, Board Member, 2002-2007
Delaware Judicial Nominating Commission, 2004-2009
American Bar Association, Business Law, Business Litigation and Litigation Sections
The Office of the Child Advocate, Guardian ad litem on behalf of abused and neglected children
Appointed Guardian ad litem for Kelly Stevens by Delaware Supreme Court, In re Stevens, Del. Supr. 669 A.2d 33, 1995

Latest Blog Posts

Delaware Business Litigation Report

• Claims Alleging that Icahn Entities Schemed to Buy Out Minority Unitholders on the Cheap Survive Motion to Dismiss
• Chancery Finds Liquidated Damages Clause for Breach of Non-Compete Unenforceable
• Delaware Supreme Court Finds That Stockholder Failed to Satisfy Unambiguous Requirements of Advance Notice Bylaw
• Chancery Rejects Challenge to Delaware as Proper Venue in Books and Records Action
• Chancery Enforces Delaware Forum Selection Clause and Examines the Limited Circumstances Where a Foreign Nation May Divest Delaware Courts of Jurisdiction
• Chancery Construes Sellers’ APA Contractual Representations Concerning Customer Relationships and Changes in the Business, Finds No Breach
• Superior Court Affirms Jury Verdict of Breach of Implied Covenant of Good Faith and Fair Dealing Concerning a Patent Dispute Settlement Agreement
• Chancery Denies Former Derivative Plaintiff Standing to Challenge Merger That Extinguished Derivative Claims
• View More

Community

Children & Families First Delaware, Former President and Chair (1992 - 1994), Board of Directors, (1980 - Present)
Westminster Presbyterian Church, Elder, Trustee
United States Army Reserve, Field Artillery Captain (1972 - 1980)

Honors

American College of Trial Lawyers, Fellow

Delaware State Bar Association, Daniel L. Herrmann Professional Conduct Award, 2016

Delaware Today® Top Lawyers, Corporate Law, 2014, 2018, 2019 (top vote-getter)

Chambers USA - Recognized for work in the Delaware Court of Chancery, 2006-2019

Benchmark Litigation, Litigation Star, 2010-2018

Best Lawyers®, 2005-2012, 2014-2020

Delaware Super Lawyers®, 2007-2018

Martindale-Hubbell®, AV Rating

Dickinson Law Review, Board of Editors, 1974-75