Francis Pileggi is the managing partner of the Wilmington office of Lewis Brisbois and a member of the Complex Business & Commercial Litigation Practice. His litigation practice emphasizes representation in high-stakes disputes of corporations, stockholders, members of boards of directors, members and managers of LLCs, and those with managerial or ownership interests in other forms of entities. He has extensive experience in matters involving fiduciary duties and corporate governance as well as summary proceedings under the Delaware General Corporation Law in the Delaware Court of Chancery. He also serves as local counsel in patent cases in Delaware. Francis has also been certified as a mediator.

He has been asked to testify as an expert witness on Delaware Corporate Law and Delaware LLC Law.

One of his law review articles on corporate law has been cited by both the Delaware Supreme Court and the Delaware Court of Chancery. The Delaware Superior Court also cited one of his articles. He has published over 1,000 articles in multiple publications on topics including corporate and commercial law as well as legal ethics and constitutional law. He also often speaks at seminars on those topics.

Francis created and maintains the Delaware Corporate and Commercial Litigation Blog at www.delawarelitigation.com, which was named one of LexisNexis’ Top 25 Business Law Blogs and was selected for inclusion in the ABA Journal’s Blog 100 in 2011 and 2012. In turn, he has been described as “a brand name in Delaware corporate litigation.”

He also has enjoyed success in litigating, in both federal and state appellate courts, groundbreaking Second Amendment cases and related constitutional issues on behalf of civil rights organizations. In 2015 and 2019, he was honored with The Chief Justice William Killen Award for Distinguished Second Amendment Appellate Advocacy.

Francis recently published a book entitled, American Legal Ethics: A Retrospective from 1997 to 2018 (Outskirts Press, 2018), available on Amazon.com.

Francis has represented townships in Delaware County and Chester County, Pennsylvania, as special counsel on litigation matters. He has also represented a school district in Delaware County and educational and nonprofit institutions in Pennsylvania and elsewhere on corporate governance, litigation, and related issues. He has represented governmental entities and private parties in connection with the Pennsylvania Right to Know Law, and he is the coeditor of a blog that provides commentary and insights on that law.

Pro Bono & Philanthropy

Publications

Media Coverage

Professional Presentations

• Panel Moderator, Conference on the American Law Institute's Restatement on Corporate Governance, UCLA Law School, Apr. 21, 2023.
• “Highlights of Selected Key Delaware 2022 Corporate and Commercial Decisions,” presentation to M&A Department of Davis Wright Tremaine LLP, Oct. 27, 2022.
• Presenter, Ninth Annual Delaware Firearms Law Seminar, October 7, 2022.
• “Recent Delaware Decisions Defining the Right to Keep and Bear Arms,” co-presenter, Eighth Annual Delaware Firearms Law Seminar, Oct. 29, 2021.
• “Delaware Corporate and Commercial Litigation Update,” continuing legal education seminar to Davis Wright Tremaine LLP, October 29, 2020.
• Presenter, Seventh Annual Delaware Firearms Law Seminar, October 15, 2020.
• “Recent Delaware Decisions on the Right to Bear Arms,” co-presenter, Sixth Annual Delaware Firearms Law Seminar, October 2019.
• “Recent Disciplinary and other Ethics-Related Decisions,” panel presenter at the Judge Bifferato Trial Practice Forum – Ethics and Professionalism – Annual Update, October 12, 2018.
• “Delaware Corporate and Commercial Litigation Update,” continuing legal education seminar to Davis Wright Tremaine LLP, May 2018.
• “Role of the Delaware Courts,” co-presenter with Delaware Supreme Court Justice, at the National Association of Corporate Directors’ program, From Battlefield to Boardroom, Washington, D.C., February 24, 2017.
• “Can Delaware Be Dethroned? Evaluating Delaware’s Dominance of Corporate Law,” panel moderator, UCLA School of Law, Los Angeles, February 17-18, 2017.
• “Delaware Corporate and M&A Case Law Update,” co-presenter, continuing legal education seminar to Davis Wright Tremaine LLP , July 2016.
• “What’s Hot in Delaware: Recent Decisions Impacting the Boardroom,” panelist, Professional Liability Underwriting Society, New York City, February 4, 2015.
• “Business Valuation Litigation/Shareholder Disputes,” Pennsylvania Institute of Certified Public Accountants, Forensic & Litigation Services Conference, November 2014.
• “Indemnification and Advancement for Officers and Directors,” Business Law Section, American Bar Association Spring Meeting (Los Angeles), April 2014.
• “Top Ten Delaware Corporate Decisions in 2013,” Connecticut Bar Association’s Business Law Section, January 2014.
• “Recent Developments in Delaware Corporate Law,” CBIZ, a national consulting firm, at their Annual Partners’ Meeting (Miami), July 2012.
• “Protecting the Corporate Director,” co-presenter, ABA’s Business Law Section Continuing Legal Education seminar, June 2012.
• “Recent Developments in Delaware Corporate and Alternative Entity Law,” Corporation Law Section of the Delaware State Bar Association (Wilmington, Delaware) May 2012.
• “Protecting the Corporate Director,” panelist, ABA’s Business Law Section’s Spring Meeting (Las Vegas), March 2012.
• “Ethical Aspects of Class Action Settlements,” panelist, Corporate Law Section of the Delaware State Bar Association (Wilmington, Delaware), May 2011.
• “Irreconcilable Differences: Directors, Managers and Shareholder Conflicts in Takeover Transactions,” panelist at a symposium sponsored by the Delaware Journal of Corporate Law, April 2011.
• “Recent Developments in Duties of Directors of Delaware Corporation,” moderator for American Bar Association Business Law Section and the ABA Center for Continuing Legal Education Teleconference and Live Audio Webcast, October 2010.
• “Delaware’s Corporation and Alternative Entity Laws: 2010 Amendments You Must Know About,” speaker, The Practicing Law Institute (PLI), September 2010.
• “Recent Developments in Delaware Corporate and Alternative Entity Law,” Corporation Law Section of the Delaware State Bar Association (Wilmington, Delaware), April 2010.
• Participates in a monthly radio spot on WILM radio, 1450 AM in Wilmington; provides listeners with an overview of recent decisions from the Delaware courts on corporate and commercial law.
• Annual F.G. Pileggi Distinguished Lecture in Law organized by the Widener University Delaware Law School. Francis conceived of this annual lecture by a nationally known corporate law expert which began in 1986 in honor of his father.

Admissions

• State Bar Admissions
  • Delaware
  • New Jersey
  • Pennsylvania

Admissions

DE

NJ

PA

Associations

• Capital Expert Services, LLC, Advisory Board Member
• The Harvard Law School Forum on Corporate Governance and Financial Regulation, Guest Contributor
• Delaware State Bar Association, Professional Ethics Committee, Vice Chair; Executive Committee, Former Member
• Delaware County Bar Association
• American Bar Association Indemnification and D&O Insurance Subcommittee, Former Chair
• American Bar Association Business Law Section, Business and Corporate Litigation Committee Newsletter, Former Editor
• American Bar Association Ethics Subcommittee, Former Co-Chair
• Knights of Malta
• Legatus International
• National Italian American Foundation
• American Inns of Court, Ethics Columnist for The Bencher Magazine
• National Association of Corporate Directors, former columnist for Directorship Magazine
• Delaware Association of Second Amendment Lawyers, Board Member

Awards & Honors

• Selected for inclusion in Chambers USA: America’s Leading Lawyers for Business as a “Recognized Practitioner” in Chancery – Delaware
• Attained an AV® Preeminent™ rating from Martindale-Hubbell
• Selected for inclusion among the “Top Lawyers in Delaware” in Delaware Today magazine
• Listed in Best Lawyers in America® 2023 — Commercial Litigation, Corporate Governance Law
• Honored with The Chief Justice William Killen Award for Distinguished Second Amendment Appellate Advocacy, 2015 and 2019
• Bestowed the title of “Cavaliere” (Italian for “Knight”) by the President and Prime Minister of Italy, signifying membership in the Italian Order of Merit for distinction in the arts, science, the law and/or public service
• Bestowed the title of “Kentucky Colonel” by the Governor of Kentucky in recognition of public service
• Selected for inclusion in the SmartCEO 2010 Legal Elite list
• Selected for inclusion in the “2010 People to Watch” Directorship 100 list by Directorship magazine as an influential individual in corporate governance
• Honored with the Distinguished Service Award, Delaware State Bar Association, New Lawyers Section

Education

Widener University Delaware Law School

Juris Doctor, 1986

St. Joseph’s University

Bachelor of Arts, 1982

Representative Matters

• Successfully litigated D&O policy coverage dispute.
• Served as counsel to a majority shareholder and members of the board in court to defend fiduciary duty claims.
• Sued to resolve control contest based on disputed validity of election of board of directors.
• Sued to resolve control contest among members of LLC.
• Represented director in suit to break a board deadlock.
• Represented board of directors in suit by former director.
• Representation in expedited proceedings regarding advancement and indemnification for directors and officers.
• Obtained judicial relief for minority shareholders to enforce fiduciary duties owed by board of directors.
• Secured expedited injunctive relief to enforce restrictive covenant for wealth management company whose employee attempted to leave with customer lists and data.
• Sued to obtain books and records for shareholders seeking valuation and for other purposes.
• Litigated to effect dissolution of LLC based on statute designed to address deadlock of business due to even ownership between two 50/50 members.
• Represented hedge fund in court to enforce terms of agreement with departing partner.
• Counseled accountant in dissolution of accounting firm.
• Represented water utility in court in dispute over contract provisions regarding rate charged to other utilities.
• Defense and prosecution of claims for sellers of businesses in earn-out disputes.
• Litigated for minority residents of a housing authority to enforce their Second Amendment rights and won unanimous Delaware Supreme Court en banc opinion.
• Served as counsel to a township in litigation with adjoining international airport.