Scott B. Czerwonka

scott

SENIOR COUNSEL

302.230.5154
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Scott's practice focuses primarily on corporate and commercial litigation in state and federal courts of Delaware, including stockholder class and derivative actions relating to mergers and acquisitions, tender offers, and takeover disputes.  Scott's experience includes litigation relating to corporate governance, limited partnerships and other alternative entities and the fiduciary duties of their directors and officers, as well as statutory proceedings under Delaware's General Corporation Law.  In connection with his litigation practice, Scott also counsels directors, officers and stockholders on their rights and obligations under Delaware law.

Scott is a 2006 graduate of the Penn State Dickinson School of Law, cum laude, where he was a member of the Woolsack Honor Society and served as the Assistant Editor for the Journal of American Arbitration.  In 2000, Scott graduated from Elizabethtown College, cum laude, with a B.A. in Political Science.  Prior to joining Wilks, Lukoff & Bracegirdle, Scott practiced law with DLA Piper LLP (US) and Potter, Anderson & Corroon, LLP.

Scott’s recent engagements include:

  • Representation of defendant/counterclaim plaintiff in action seeking the release of escrow funds following purchase transaction
  • Representation of defendant in action for indemnification for breaches of representations and warranties arising out of merger agreement
  • Representation of defendant in action seeking advancement and indemnification of litigation expenses
  • Representation of both plaintiffs and defendants in multiple actions seeking corporate books and records
  • Obtained complete post-trial victory in representation of defendant directors and intervenor in action challenging the election of directors and the validity of stock issued to former founder and CEO of biotechnology company
  • Successful representation of former founder and CEO of biotechnology company in action seeking advancement of litigation expenses
  • Successful representation of plaintiff in an action involving commercial lease dispute; obtained $2.2 million award on summary judgment
  • Representation of defendant alleging fraudulent transfer of assets as a consequence of asset purchase agreement
  • Represented corporation in settlement of stockholder derivative litigation challenging option grants; obtained court reduction of 40 percent in contested plaintiff's attorneys’ fee
  • Successful representation of directors and officers in stock option "backdating" cases in Delaware Court of Chancery
  • Successful representation of plaintiff in action enforcing LLC agreement and preventing the wrongful termination of worldwide technology license agreement
  • Successful representation of real estate fund in action to reform investment agreement
  • Successful representation of plaintiff in action seeking damages related to defendant's role in stealing former employees and clients of plaintiff
  • Successful representation of plaintiff in breach of contract action in Delaware Superior Court; obtained $1.8 million award on summary judgment