Court of Chancery of Delaware

In an action brought by a former officer and director of a corporation seeking advancement of attorneys' fees and expenses incurred in defending an action brought against him by the corporation, defendant's motion to dismiss is denied where the claims asserted in the action against plaintiff directly arose out of his former position as an officer and director for purposes of advancement, and the mere relabeling of those claims did not alter that reality.

Appellate Information

• Decided 06/12/2006
• Published 06/23/2006

Judges

Court

• Court of Chancery of Delaware

Counsel

• For Appellant:
  
• Philip A. Rovner, Esquire, Sarah E. DiLuzio, Esquire, Potter Anderson & Corroon, Wilmington, Delaware;  Maureen A. Sheehy, Esquire, Tae H. Kim, Esquire, Townsend and Townsend and Crew, San Francisco, California, Attorneys for the Plaintiff.


• For Appellees:
  
• Andre G. Bouchard, Esquire, James G. McMillan, III, Esquire, Bouchard Margules & Friedlander, Wilmington, Delaware;  Richard P. Sybert, Esquire, Thomas J. Stoddard, Esquire, Kevin W. Alexander, Esquire, Gordon & Rees, San Diego, California, Attorneys for the Defendant.