Blankenship v. Alpha Appalachia Holdings, Inc., 2015 Del. Ch. LEXIS 145 (Del. Ch. May 28, 2015)

Landis Rath & Cobb, together with Zuckerman Spaeder LLP, successfully represented the plaintiff, the former Chief Executive Officer and a director of a publicly-held Delaware corporation, in an action in the Court of Chancery to obtain advancement of the plaintiff’s attorneys’ fees incurred in the defense of an important criminal proceeding.  The defendant-corporation ceased advancing the plaintiff’s defense costs shortly before the trial in the criminal proceeding, arguing that an undertaking the plaintiff signed years before gave the corporation discretion to do so.  After expedited discovery and trial, Chancellor Bouchard rejected the defendant’s arguments and ruled in favor of LRC’s client, resulting in an approximate $8.9 million damages award and a judgment affirming the defendant-corporation’s continuing advancement obligations.

Read the Court of Chancery’s opinion

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