Moses Singer attorneys David Lackowitz and Zaid Shukri obtained a major victory in the Delaware Court of Chancery on behalf of an investor who filed suit to recover its investment in an LLC against the company’s managers and controlling members.  In 2021, after a week-long trial, the Court found that the defendants engaged in a civil conspiracy to defraud and breached their fiduciary duties.  On July 7, 2023, the Court issued a final judgment, awarding Moses Singer’s client a multi-million-dollar liability award and recovery of over $2 million in legal fees under the “bad-faith” exception to the American Rule.  The Court held that certain of the defendants had “engage[d] in egregious litigation misconduct, running up the costs for their opponents,” that the litigation “was complicated by the . . . [d]efendants’ bad faith litigation conduct” and that the defendants’ misguided approach “require[ed] skill and perseverance by Plaintiff’s counsel.”  As a result of that misconduct, the Court granted Moses Singer’s application to shift fees in favor of its client and directed those defendants to reimburse Moses Singer’s client all of its legal fees and expenses. 

Congratulations to David and Zaid for this remarkable result!