John P. DiTomo

Partner

(302) 351-9329 T
(302) 245-3087 F

John frequently writes and speaks on emerging issues in corporation law and has received the National Institute for Trial Advocacy, Advocate designation.

John is a partner in the Corporate & Business Litigation Group, and a member of the Firm’s Executive Committee.  His practice focuses on representing directors and officers, corporations, limited liability companies and general and limited partnerships in litigation concerning mergers and acquisitions and other complex commercial disputes brought in the Delaware Court of Chancery, the Complex Commercial Division of the Delaware Superior Court, the Delaware Supreme Court, the U.S. Federal District Court for the District of Delaware, and the U.S. Court of Appeals for the Third Circuit.   He has worked on such matters as the Men’s Wearhouse $1.8 billion buyout offer to acquire Jos. A. Bank, Air Products’ $7 billion takeover attempt of Airgas, the Bear Stearns merger with JPMorgan, and Caremark Rx, Inc.’s $27 billion merger with CVS Corporation.

John also has extensive experience advising clients with respect to statutory proceedings authorized under Delaware’s business statutes, including, for example, demands for books and records, advancement and indemnification, requests for dissolution and receiverships, and a broad variety of corporate governance disputes.  John also regularly advises boards of directors and special committees in internal investigations, and stockholder derivative demands. 

Professional Activities

  • Delaware State Bar Association

Representative Matters

  • Abrams v. Wainscott et al. (District of Delaware)
  • Air Products and Chemicals, Inc. v. Roberts Oxygen Company, Inc. et al (Delaware Superior Court)
  • AT&T Corp. v. Lillis (Delaware Supreme Court– Appeal from Delaware Court of Chancery)
  • Bouchard, Margules & Friedlander PA vs Sun-Times Media Group Inc et al. (Delaware Superior Court)
  • City of Roseville Employees’ Retirement System et al. v. Lawrence Ellison, et al. (Delaware Court of Chancery)
  • Computer Services, Inc. v. Bluepoint Solutions, Inc. (Delaware Superior Court)
  • David P. Simonetti Rollover IRA v. Margolis (Delaware Court of Chancery)
  • ENI Holdings, LLC v. KBR Group Holdings, LLC (Delaware Court of Chancery)
  • Fillip v. Centerstone Linen Services, LLC (Delaware Court of Chancery)
  • Fisk Ventures, LLC v. Segal (Delaware Court of Chancery)
  • Franklin Balance Sheet Investment Fund v. Crowley (Delaware Court of Chancery)
  • Freedman v. Sumner M. Redstone et al. (Third Circuit)
  • Gold v. Ford Motor Company et al. (Third Circuit)
  • Highfields Capital, Ltd. v. AXA Financial, Inc. (Delaware Court of Chancery)
  • In re Affiliated Computer Services, Inc. Shareholders Litigation (Delaware Court of Chancery)
  • In re Del Monte Foods Co. Shareholders Litigation (Delaware Court of Chancery)
  • In re ISN Software Corp. Appraisal Litigation (Delaware Court of Chancery)
  • In re MoneyGram International, Inc. Stockholder Litigation (Delaware Court of Chancery)
  • In re SS&C Technologies, Inc. (Delaware Court of Chancery)
  • Kistefos AS v. Trico Marine Services, Inc. (Delaware Court of Chancery)
  • LaPoint v. AmerisourceBergen Corp. (Delaware Supreme Court)
  • Olson v. Halvorsen (Delaware Supreme Court)
  • Pfeffer v. Redstone (Delaware Supreme Court)
  • Pre Solutions, Inc. v. Blackhawk Network, Inc. (District of Delaware)
  • Weiss v. Swanson (Delaware Court of Chancery)

News

Morris Nichols Alert Featured in Harvard Law School Forum on Corporate Governance and Financial Regulation

Wilmington, DE (November 21, 2013) – Morris Nichols’ Delaware Alert: Don’t Ask/Don’t Waive Standstills & Attorneys’ Fees in Delaware, was featured in the Harvard Law School Forum on Corporate Governance and Financial Regulation on November 18, 2013.  It is the second Morris Nichols memorandum presented by HLS... Continue Reading

Morris Nichols Alert Featured on Harvard Law School Forum on Corporate Governance and Financial Regulation

Wilmington, DE (November 11, 2013) – Morris Nichols' Delaware Alert: A Third Circuit Panel Strikes Down the Court of Chancery's Confidential Arbitrations was featured on the Harvard Law School Forum on Corporate Governance and Financial Regulation, November 8, 2013. The Alert provides an analysis of a three-judge panel of the U.S. Court of... Continue Reading

Morris Nichols Elects Patricia Vella, John DiTomo as Partners; Katherine Betterly as Special Counsel

Wilmington, DE (January 7, 2013) – Morris, Nichols, Arsht & Tunnell LLP is pleased to announce that Patricia O. Vella and John P. DiTomo have been elected partners, and that Katherine H. Betterly has been promoted to Special Counsel, effective January 1, 2013. Rick Alexander, Chair of the firm’s Executive Committee, made the... Continue Reading

Morris Nichols Alert Featured on Harvard Law School Forum on Corporate Governance and Financial Regulation

11.11.2011
by John P. DiTomo, Frederick H. Alexander in Wilmington, DE

Wilmington, DE (November 11, 2013) – Morris Nichols' Delaware Alert: A Third Circuit Panel Strikes Down the Court of Chancery's Confidential Arbitrations was featured on the Harvard Law School Forum on Corporate Governance and Financial Regulation, November 8, 2013. The Alert provides an analysis of a three-judge panel of the U.S. Court of... Continue Reading

Presentations & Publications