REPRESENTATIVE EXPERIENCE
Steven L. Caponi
Corporate
Represents leading investment advisory firm in connection with books and records demand targeting portfolio company suspected of engaging in massive fraud and operating a Ponzi scheme. Hightower Advisors in Alfredo J. Martinez, et al. v. GPB Capital Holdings, LLC; C.A. No. 2020-0545-SG
Serves as international coordinating litigation counsel for matters pending in Delaware, New York, Cayman Islands, Panama, Curacao, Lichtenstein, Switzerland and United Kingdom. Matters involve a global network of trusts, foundations and related entities controlling approx. $1 billion in asset involving claims of fraud, theft, breaches of fiduciary duty and various claims for corporate control. e.g. Lilly Lea Perry v. Dieter Walter Neupert, et al.; C.A. No. 2017-0290-JTL
Represented leading provider of home security services in connection with claims for theft of trade secrets and breaches of fiduciary duty. Case involved collusion between direct competitor and fiduciaries for a portfolio company in which client was an investor. ADT Holdings, Inc. v. Michael Harris, et al.; C.A. No. 2017-0328-JTL
Represented leading private equity investment fund in connection with the Greenfield development of liquefied natural gas facility and pipeline in New England in conjunction with a leading international power distribution company. PNEC, LLC v. Liberty Utilities (Pipeline & Transmission) Corp.; C.A. No. 2018-0065-JRS
Represent global provider of advanced security services in connection with claims seeking to enforce the post-closing adjustment provisions of an asset purchase agreement. Kratos Defense & Security Solutions, Inc. v. Securitas Electronic Security, Inc.; C.A. No. 2018-0910-MTZ
Represented reality television personality in connection with a challenge to corporate control and litigations involving claims of breach of contract and breaches of fiduciary duty. Thomas Derbysire v. Paul Teutul Sr.; C.A. No. 2017-0272-SG
Represent controlling stockholder of biotechnology licensing company against claims by minority shareholders alleging breach of fiduciary duty, waste of corporate assets, and against minority shareholders attempting to wrest corporate control from founding shareholder. Timothy J. Harris, et al. v. Harris FRC Corporation, et al.; C.A. No. 2019-0736-JTL
Represents pioneering beverage company in the area of sparkling waters and healthy drinks in a wide variety of cases involving books and records demands, allegations of breach of fiduciary duties, class action claims and breach of contract claims. e.g., Jimmy Lacy, Jr. v. National Beverage Corporation; C.A. No. 2019-0583-JTL and Scott Swan v. National Beverage Corporation; C.A. No. 2019-0630-JTL
Represents full service home medical equipment company in connection with various corporate litigations, including claims seeking access to books and records pursuant to 8 Del. C. Section 220 and claims related to post-closing adjustments pursuant to the merger and asset purchase agreement. Chancery Court actions C.A. No. 2021-0131-VCL and 2021-0773-MTZ
Represents an ecosystem of companies pioneering cloud based technologies to enable business to scale globally in connection with books and records demands pursuant to 8 Del. C. Section 220. John Solak v. eXp World Holdings; C.A. No. 2020-1066-PAF
Represent directors and fiduciaries in action seeking to establish under the entities governing documents and 8 Del. C. Section 145 an entitlement to the advancement of legal fees and defense costs. Theodore Blackmon v. O3 Insight, Inc.; C.A. No. 2020-1014-SG
Represents consortium of angel investors in litigation against portfolio company related to the repayment and conversion of convertible notes. Valhalla Partners II, L.P., et al. v. Vistar Media, Inc.; C.A. No. 2019-0202-SG
Represented national mortgage lender in defense of a litigation filed by the largest shareholder of a target company when a merger failed to close because the target company suffered a materially adverse event and failed to honor its obligation under the merger agreement. Case pending in the Southern District of New York. Partner Reinsurance Company Ltd. v. RPM Mortgage, Inc., et al.; C.A. No. 18-5831 (SDNY)
Served as international coordinating counsel for a consortium of Russian mining and manufacturing interests related to the purchase and sale of gold mining assets on three continents. Initiated civil RICO, fraud, and related claims in the United States, coordinated the defense of civil actions in Canada and B.V.I., and served as liaison with prosecution of criminal complaints in Russia and Ukraine. Cases pending in the Delaware Court of Chancery and Southern District of New York.
Represented ultra high net worth family in a series of litigations involving an unscrupulous private equity fund and asserted claims for breach of contract, violations of securities laws, and breach of fiduciary duty. Cases pending in Illinois state court, Delaware Court of Chancery, Delaware Superior Court and Delaware Bankruptcy Court. Ritchie CT Opps, LLC v. Huizenga Managers Fund, LLC; C.A. No. 2018-0196-SG; A.R. Thane Ritchie v. Huizenga Managers Fund, LLC; C.A. No. N17C-05-598 MMJ CCLD; Ritchie Multi-Strategy Global v. Huizenga; C.A. No. N18C-05-050-MMJ CCLD; Ritchie Capital Management, LLC, et al. v. Huizenga Managers Fund, LLC; C.A. No. N18C-05-050-MMJ CCLD
Represent member of the Saudi Royal family in connection with claims pending in the Delaware Court of Chancery and Grand Court of the Cayman Islands seeking to resolve disputes under a limited liability operating agreement related to control, dissolution and distribution of entity assets. His Royal Highness Prince Faisal Bin Abdullah Bin Abdulaziz Al Saud v. Her Royal Highness Princess Fahdah Husain Abdulrahman Al-Athel, et al.; C.A. No. 2018-0364-PAF
Superior Court/CCLD
Represents global chemical companies in connection with insurance coverage claims against fifty (50) + insurance carriers related to the chemical benzene. E.I. duPont de Nemours and Co. v. TIG Insurance Company; C.A. No. N21C-05-015 AML CCLD
Represent leading manufacture of unmanned aircraft systems and tactical missile systems in connection with claims involving a post-closing adjustment dispute. Webasto Charging Systems, Inc. v. Aerovironment, Inc.; C.A. No. N19C-02-203 MMJ CCLD
Represents global group of energy and petrochemical companies in defense of claims brought by the State of Delaware alleging the oil industry misled consumers by failing to disclose its role in the generation of greenhouse gas emissions that contribute to climate change. State of Delaware v. B.P. America, Inc. et al.; C.A. No.: N20C-09-097 AML CCLD
Represents international provider of clinical research and trial management services in connection with claims arising out of alleged breaches of a Master Services Agreement for the conducting of clinical trials of a medicated gel for the treatment of diabetic foot ulcers. JSS Medical Research Inc. v. FirstString Research, Inc.; C.A. No. N20C-06-146 EMD CCLD
Represents leading innovator of houseware and consumer electronics in an insurance coverage action seeking reimbursement for costs related to third-party claims for patent infringement, deceptive and unfair trade practices. Indian Harbor Insurance Company v. SharkNinja Operating LLC, et al.; C.A. No. N20C-02-014 PRW CCLD
Represented multinational information technology company in connection with the licensing dispute seeking additional licensing fees following an audit uncovering millions of dollars in underreported software usage. Internap Corporation v. Insync Healthcare Solutions LLC; C.A. No. N19C-05-034 EMD CCLD
Regularly represents leading financial institutions serving as institutional trustees and securities intermediaries in connection with the acquitting, holding and sale of life settlement policies, including claims various policies qualify as stranger oriented life insurance (“STOLI”). E.g. Wilmington Trust and WSFS in multiple STOLI life insurance matters. Columbus Life Insurance Company v. Wilmington Trust, N.A.; C.A. No. N20C-06-012 PRW CCLD; Estate of Martha Barotz v. Martha Barotz 2006-1 Insurance Trust, et al.; C.A. No. N20C-04-126 EMD CCLD
Intellectual Property
Represents manufacturer of branded and generic pharmaceutical products in patent litigation against direct competitor related to the development and sale of cocaine hydrochloride nasal spray. Genus Lifesciences Inc. v. Lannett Company, Inc.; C.A. No. 20-770-LPS
Represents multinational aerospace, building technology and performance materials and technology conglomerate in connection with intellectual property dispute over technology for cellular communications networks. Sisvel International S.A., et al. v. Honeywell International, Inc.; C.A. Nos. 19-1143-MN and 20-652-MN
Regularly represents integrated media and entertainment company in connection with intellectual property disputes and patent litigation. SITO Mobile R&D IP, LLC et al. v. World Wrestling Entertainment, Inc.; C.A. No. 21-721-CFC and Rothschild Broadcast Distribution Systems, LLC. v. World Wrestling Entertainment, Inc.; C.A. No. 20-397-MN
Represents leading global innovator, developer, manufacturer and marketer of specialty medical devices in patent infringement dispute with significant competitor related to the development and sale of ankle fusion plating systems. OsteoMed LLC v. Wright Medical Technology, Inc.; C.A. No. 20-1621-RGA
Regularly represents world’s largest online retailer and cloud serve provider in connection with intellectual property matters including patent infringement litigations and related proceedings before the PTO. Consolidated Transaction Processing LLC v. Amazon.com, Inc.; C.A. Nos. 19-518-RGA and 19-1715-RGA
Regularly represents multinational engineering and technology company in connection with patent infringement litigation and intellectual property licensing. Axcess International, Inc. v. Bosch Security Systems, Inc.; C.A. No. 20-1565-RGA and Barco NV, et al. v. Sahara Presentation Systems, Inc., et al.; C.A. No. 19-1071-MN
Represents designer, manufacturer and retailer of high-performance apparel, equipment and footwear in trademark infringement claim seeking to stop the unauthorized sale of products. The North Face Apparel Corp., et al. v. Moore Emporium LLC; C.A. No. 20-1579-MN
Represented one of the largest pure-play software companies in a software licensing and copyright infringement dispute involving a Fortune 100 company that provides pharmacy benefit management services. Micro Focus (U.S.), Inc. v. Express Scripts, Inc., 8:16-cv-00971-PX (D. Md.)
Represented leader in the development of innovative solutions for the freight and passenger rail industries in connection with the prosecution of a patent infringement action against a competitor and in defense of antitrust litigation brought by a competitor. Westinghouse Air Brake Technologies Corporation v. Siemens Mobility, Inc., 1:17-cv-01687-LPS (D. Del.) and Siemens Mobility, Inc. v. Westinghouse Air Brake Technologies Corporation; C.A. No. 16-cv-00284-LPS (D. Del.)
Represented award-winning developer of software applications for enhancing cybersecurity defense protocols for the finance, banking, retail and higher education industries in patent infringement action. Phishme, Inc. v. Wombat Security Technologies, Inc, 1:16-cv-00403-LPS-CJB (D. Del.)
Represented global leader in on-line travel platforms and $1.6 trillion travel industry in patent infringement action. T-Jat Systems 2006 Ltd. v. Expedia, Inc. (DE), et al., 1:16-cv-00581-RGA
Represented vertically integrated global pharmaceutical company in a patent infringement action brought by competitor against numerous defendants. Bayer Pharma AG et al. v. Macleods Pharm. Ltd., et al., 1:15-cv-00464 (D. Del.)
Represented leading provider of healthcare and pharmaceutical analytics in a patent, trademark, and antitrust litigation brought against largest competitor before the PTO and multiple Federal District Courts. IMS Health Inc. v. Symphony Health Solutions Corp., et. al., 1:13-cv-02071 (D. Del.)/(E.D. Pa.)
