Robert A. Penza

In 2021, represented publically traded company in a contract dispute involving a supply agreement with a manufacturer, which was resolved through mediation by a sitting Vice-Chancellor though the Delaware Court of Chancery Rules for mediating business disputes. In 2020, represented group of managers of a Delaware limited liability company against the remaining managers over control of the board of managers and distribution of assets, which was resolved confidentially through private binding arbitration. In 2020, received a favorable decision in an appeal to the Delaware Supreme Court on a post-merger issue from a stock purchase agreement decided after trial by the Delaware Court of Chancery. In 2018, obtained judgment in excess of $20 million dollars against certain directors for breach of fiduciary duty after trial in the Delaware Court of Chancery. Kahuku Holdings, LLC v. MNA Kahuku, LLC, C. A. No. 9991-VCG, 2014 WL 4699618 (Del. Ch. Sept. 15, 2014) (Represented Hawaiian minority members of a Delaware limited liability company which operates a wind farm in an action filed in the Delaware Court of Chancery by the controlling members. Obtained a successful decision from the Court granting the clients motion to dismiss and enforcing an arbitration provision designating Hawaii as the forum to resolve the parties disputes) Irrevocable Aloha Trust, et al. v. Green Revolution Cooling, LLC, C. A. No. 9662-VCN (Del. Ch. 2014) (Defended Delaware corporation in a books and records (220) action filed in the Delaware Court of Chancery by minority shareholders. Successfully resolved dispute with shareholders without the need for a hearing) Cornell Glasgow, LLC v. La Grange, et al. , C. A. No. 8475-VCL (Del. Ch. 2013)(Defended action filed in the Delaware Court of Chancery by a judgment creditor seeking to pierce the corporate veil of Delaware limited liability company which held real estate for residential and commercial development. Obtained a dismissal of the creditors action on a motion to dismiss decided by the Court) Represented minority member of a Delaware limited liability company in an action filed with the American Arbitration Association to resolves disputes through binding arbitration with the other members as required by the companys operating agreement. Panel of three arbitrators issued favorable award to client which involved development of real estate owned by the client. Successfully mediated a resolution through the Delaware Court of Chancery mediation program before litigation was initiated against the client company by a minority shareholder on a stock valuation claim.