Dave Wilks has practiced law in Delaware for 25 years. His practice involves the litigation of all manner of corporate and commercial disputes in Delaware’s state and federal courts, including the Court of Chancery. He has led litigation teams in cases involving corporate governance, corporate control, fiduciary duties, corporate appraisal, intellectual property, trade secrets, higher education, employment, creditors' rights and insurance issues. Dave's work has spanned a variety of industries, including financial services, pharmaceuticals, publishing, manufacturing, education and professional services. In addition, Dave routinely counsels directors and officers of Delaware corporations, limited liability companies and other alternative entities on issues of Delaware law. Dave’s practice also includes frequent appearances before the Delaware Supreme Court and Delaware state regulatory agencies. Over the years, Dave also has conducted jury trials involving product liability, medical malpractice and mass tort claims. In all, he has tried several dozen cases to verdict and has gained a reputation as an effective and successful trial lawyer.
Dave is a 1989 graduate of the Dickinson School of Law and a 1986 graduate of Colgate University. He is admitted to practice before the courts of Delaware and Pennsylvania as well as the U.S. District Court for the District of Delaware, the U.S. District Court for the Eastern District of Pennsylvania and the U.S. Court of Appeals for the Third Circuit. Prior to co-founding Wilks, Lukoff & Bracegirdle, Dave was the senior litigation partner in the Wilmington office of Reed Smith LLP and the managing partner of Buchanan Ingersoll PC’s Wilmington office.
Dave's recent engagements have included:
- Successful defense of trade secret and tortious interference claims.
- Expedited litigation of fiduciary duty claims.
- Successful litigation of license agreement dispute involving tens of millions of dollars.
- Prosecution of fraud and breach of fiduciary duty claims.
- Defense of white collar criminal prosecution.
- Defending a multinational pharmaceutical company against breach of contract and trade secret claims arising from a royalty and licensing agreement.
- Successfully obtaining an expedited stay from the Delaware Supreme Court of the Delaware Insurance Commissioner's approval of the management buyout of the U.S.-based subsidiary of an international commercial insurance underwriter.
- Defending a Fortune 500 company in a Court of Chancery action to enjoin the $300 million divestiture of a business unit.
- Defending patent infringement claims for a multibillion-dollar corporation.
- Defending trade secret and other related claims stemming from competitive bidding for a contract with the federal government.
- Litigating a corporate governance and control dispute involving a small manufacturing concern.
- Counseling majority member of a Delaware limited liability company regarding strategies for resolution of dispute with minority member.
- Successfully defending breach of fiduciary duty claims against a director of a high-technology Silicon Valley enterprise.