Directors & Officers Litigation

Practice Area

Directors & Officers Litigation

Directors and officers, as well as managers in alternative entities and investors in closely-held and publicly-traded corporations—from small to mid-sized entities, to Fortune 500 companies—need assistance in all forms of litigation. Lewis Brisbois’ Directors & Officers Litigation team consists of seasoned litigators who have handled the gamut of cases: individual, derivative, and class actions in federal and state courts, “bet-the-board” and “bet-the-company” litigation, breach of fiduciary duty claims, business divorces, partnership disputes, requests for injunctive relief, as well as securities law violations and enforcement proceedings brought by the U.S. Securities and Exchange Commission, the Department of Justice, and state commissions.

Our lawyers draw on their relationships as well as their many years of experience to provide superior tactical and strategic advice, exposure analysis, and the strongest possible advocacy to our clients. We regularly handle high-stakes disputes in which we represent members of boards of directors, corporations, stockholders, managers of LLCs, and those with managerial or ownership interests in other forms of entities. Our attorneys successfully manage matters involving fiduciary duties and corporate governance, as well as summary proceedings under the Delaware General Corporation Law. These include matters concerning advancement and dissolution, as well as Section 225 cases to determine proper directors and Section 220 actions seeking company records. Within this area of practice, we represent a wide range of clients across many industries, as well as investors and non-profits, HOAs, and condo coop associations throughout the country.

While our lawyers are poised to provide effective representation at all stages of litigation, they also understand that, in many instances, efficient dispute resolution is the preferable course of action for the corporation. Our business-minded approach allows directors and officers, managers, and investors, to focus on business solutions so they can maximize returns for shareholders.

Our D&O Clients

Clients who have put their trust in Lewis Brisbois are of various sizes and span several industries. They include:

  • Fortune 500 corporations
  • National and international corporations
  • Small and local businesses
  • Individuals and entrepreneurs
  • Manufacturers of commercial and consumer products
  • Banking, insurance, and investment companies
  • Providers of medical services and manufacturers of medical devices
  • Technology and telecommunications companies
  • National and international construction contractors and project managers
  • Businesses and individuals involved in sports and entertainment


D&O Representative Matters

A brief overview of the types of case we handle, in addition to the foregoing, includes:

  • Fraud
  • Breach of contract
  • Misappropriation of funds
  • Improper accounting and reporting
  • Failure of representations and warranties
  • Failure to achieve results based on best efforts arising out of mergers and acquisitions that involve complex and unique legal theories
  • Defense and enforcement of contracts for the delivery of goods and services
  • Defense and enforcement of security agreements, including personal guaranties and promissory notes as well as indemnity agreements
  • Defense and enforcement of complex and routine contracts

By creating a cooperative environment and applying our experience, we help clients find creative solutions to complex and potentially catastrophic lawsuits. In some situations, however, despite our best efforts and those of our clients, a dispute cannot be resolved without litigation or arbitration. With offices from coast-to-coast, clients have the benefit of multi-state representation, including in multi-district and class action litigation.


Vice Chairs

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