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Carl Neff is a Delaware licensed attorney with the law firm of FisherBroyles, LLP and is based in Delaware. Carl’s practice focuses in the areas of corporate and commercial litigation before the Delaware Court of Chancery, the Delaware Supreme Court, the Delaware Superior Court and the District of Delaware.  Carl represents local, regional and national clients in a variety of areas, including high-stakes shareholder disputes, books and records demands, derivative actions, shareholder appraisal rights, matters involving fiduciary duties and corporate governance, and summary proceedings under the Delaware General Corporation Law, including temporary restraining orders and preliminary and permanent injunctions.

Representative Litigation Matters:
  • Obtained dismissal of defendants’ claims in a $60 million lawsuit brought by a Russian national bank under the doctrine of forum non conveniensVTB Bank v. Navitron Projects Corp., C.A. No. 8514-VCN (Del. Ch.)
  • Obtained order from the Delaware Supreme Court ordering general partner to produce requested books and records of Delaware limited partnerships.  Murfey, et al. v. WHC Ventures, LLC, et al., No. 294, 2019 (Del. 2020)
  • Obtained a full discharge on behalf of co-trustees along with attorneys’ fees in amount of approximately $1 million. In re Hawk Mountain Trust, C.A. No. 7334-VCP (Del. Ch.)
  • Obtained order granting petition for the appointment of a trustee in dissolution to a dissolved Delaware limited liability company.  In re Zoom Flume, LLC, C.A. No. 2020-0293-SG (Del. Ch.)
  • Successfully petitioned the Delaware Court of Chancery to appoint a trustee over a deadlocked Delaware limited liability company and Delaware corporation under Section 18-802 of the Delaware LLC Act and Section 273 of the DGCL, respectively. Steelcom Ltd., et al. v. PilePro, LLC, et al., C.A. No. 12178-VCS (Del. Ch.)
  • Obtained a writ of mandamus from the Third Circuit Court of Appeals vacating the District of Delaware’s order transferring venue of action to the Western District of Louisiana and remanding action to the District of Delaware. In re Advanced Reimbursement Management, LLC, No. 17-3187 (3d Cir. July 31, 2018)
  • Successfully opposed motion to expedite filed in Court of Chancery dissolution proceeding in light of forum selection clause requiring dissolution claim to be brought in arbitration. In re North American Payroll Holdings, LLC and Associated Human Capital Management, LLC, C.A. No. 2018-0881-KSJM (Del. Ch.)
  • Represented limited partners of a family limited partnership and asserted claims against general partner for failing to properly amortize goodwill to limited partners, defeated motion to dismiss and obtained settlement of dispute. JHJ Limited Partnership v. United Trust Fund Limited Partnership, et al., C.A. No. 2017-0723-JRS (Del. Ch.)
  • Represented 50% stockholder in action filed under Section 273 of the DGCL to dissolve a Delaware joint venture corporation, obtained resolution of dispute. Ronda Craft Maines v. Kevin Ron Craft and B.G. Craft Enterprises, Inc., 2018-0069-SG (Del. Ch.)
  • Represented respondent opposing dissolution of joint venture entity pursuant to Section 273 of the DGCL and obtained settlement. In re Seaway Biltmore Inc., C.A. No. 11192-CB (Del. Ch.)
  • Obtained sanctions and attorneys’ fees against investors for filing derivative suit in violation of release contained in settlement agreement. In re China Integrated Energy, Inc. Stockholder Litig., Consol. C.A. No. 6625-VCL (Del. Ch.)
  • Represented board members seeking advancement and indemnification of claims, obtained settlement.  Fanzilli, et al. v. GFI Group, Inc., C.A. No. 11740-VCL (Del. Ch.)
  • Represented estate executor to recover value of shares deceased owned in Delaware corporation, and obtained settlement. Fritzel v. Track Tech, Inc., C.A. No. 2017-0172-JRS (Del. Ch.)
  • Represented secured creditor in action to appoint receiver to insolvent corporation under Section 291 of the DGCL, obtained settlement. In re Day1 Solutions, Inc., C.A. No. 12878-VCL (Del. Ch.)
  • Represented group of LLC managers in defense of fiduciary duty claims, obtained settlement. CMS Investment Holdings, LLC v. Castle, et al., C.A. No. 9468-VCMR (Del. Ch.)
  • Represented plaintiff in earnout litigation dispute and obtained settlement through mediation. Penn Venture Partners, L.P. v. Nuance Communications, Inc.¸ C.A. No. 11810-VCS (Del. Ch.)
  • Represented company seeking determination of adequate security pursuant to Section 281 of the DGCL, obtained order from the Court requiring $0 to be set aside for adequate security. In re Reading Powder Coatings Inc., C.A. No. 11470-VCG (Del. Ch.)
  • Represented company seeking determination of adequate security pursuant to Section 281 of the DGCL, obtained order from the Court requiring $0 to be set aside for adequate security. In re Mint Technologies, Inc., C.A. No. 12035-VCL (Del. Ch.)
  • Represented plaintiff in a Section 225 action and Section 220 books and records action, obtained settlement. Schlitz v. BigVisible Solutions Inc., C.A. Nos. 8935-VCP, 9213-VCP (Del. Ch.)
  • Represented directors and officers in breach of fiduciary duty litigation through mediation. Szostak v. Parabel Inc., et al., C.A. No. 9867-VCL (Del. Ch.)
  • Represented client in power of attorney dispute, obtained settlement through mediation. In the Matter of Paulina Du Pont Dean; C.A. No. 7430-MZ (Del. Ch.)
  • Obtained ex-parte TRO on behalf of judgment creditor against defendant. Arsenal Inc. v. Philip Spitzer, et al.; C.A. No. 10074-VCP (Del. Ch.)
  • Represented defendants in trade secret litigation against former employer through mediation. mindSHIFT Technologies, Inc. v. Joel Altobello, et al.; C.A. No. 9537-VCP (Del. Ch.)
  • Represented petitioner seeking dissolution of joint venture Delaware corporation under Section 273 of the DGCL, obtained resolution. In the Matter of Telfez, Inc.; C.A. No. 9233-VCP (Del. Ch.)
Education:
  • Georgetown University (B.A., 2002)
  • College of William and Mary, Marshall-Wythe School of Law (J.D.2005)

Bar Admissions: Delaware, New York, New Jersey, and Washington, D.C.

Court Admissions:  

  • United States District Courts for the District of Delaware, Southern District of New York, District of New Jersey, and District of Columbia.
  • United States Court of Appeals for the Second and Third Circuits.

Carl can be reached by phone at (302) 482-4244, or by email at carl.neff@fisherbroyles.com.

Carl’s firm biography can be found here.