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.  John’s practice includes representing investors, directors and officers, corporations, limited liability companies and general and limited partnerships in litigation concerning mergers and acquisitions and other complex commercial disputes.   

John routinely defends corporate defendants against stockholder lawsuits and has significant experience with takeover litigation. Family Dollars’ $8.5 billion acquisition of Dollar Tree, the Men’s Wearhouse $1.8 billion acquisition of Jos. A. Bank, Air Products’ $7 billion takeover attempt of Airgas, the Bear Stearns merger with JPMorgan in the midst of the 2008 financial crash, and Caremark Rx, Inc.’s $27 billion merger with CVS Corporation are just some of John’s representative matters.  

John also routinely represents both individual and corporate clients who need to prosecute or defend corporate governance disputes including, for example, contests for board control, demands for appraisal or similar valuation disputes, demands for books and records, advancement and indemnification, requests for dissolution and receiverships, and a broad variety of other corporate governance disputes.  John has extensive trial experience and has received the National Institute for Trial Advocacy, Advocate designation awarded to individuals who have devoted substantial time to trial practice continuing education.  

John’s litigation practice is complimented by his advisory work and he also routinely advises boards of directors and special committees in internal investigations, and stockholder derivative demands. 

At the invitation of the Honorable Andre G. Bouchard, Chancellor of the Delaware Court of Chancery, John serves on the Delaware Court of Chancery Rules committee, a body charged with regularly reviewing the Court’s rules and practices and working with the Court to ensure that the Court’s rules and practices remain optimal.   He also frequently writes and speaks on emerging issues in corporation law both nationally and internationally. Most recently he partnered with the Honorable Randy J. Holland, Justice of the Delaware Supreme Court, and the Taiwan Corporate Governance Association in a project to develop an international corporate law database that will serve as a resource for judges assigned to Taiwan’s newly developed business court.  In 2015, John was invited to deliver the key note address at the Taiwan Corporate Governance Association’s 2015 International Summit on Corporate Governance, a two-day event focused on strengthening internal and external corporate governance mechanisms.  The corporate governance summit was attended by members of Taiwan’s Securities and Futures Exchange, members of Taiwan’s Judicial and Legislative branches and a panel of international corporate governance experts and academics from various countries, including the United States, Japan, South Korea, Hong Kong, Singapore and Australia.

 

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 Participates in Taiwan Corporate Governance Association’s 2015 International Summit on Corporate Governance

Wilmington, DE (November 16, 2015) – In early November, the Taiwan Corporate Governance Association hosted the 11th Annual International Corporate Governance Summit, a two-day event in Taipei focused on strengthening internal and external corporate governance mechanisms. Members of the Delaware corporate governance community played prominent... Continue Reading

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 Frederick H. Alexander, John P. DiTomo 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

Articles

Events

Taiwan Corporate Governance Association’s 2015 International Summit on Corporate Governance

11.5.2015 through 11.6.2015 in Taipei - Corporate & Business Litigation
John P. DiTomo

Morris Nichols partner John DiTomo will serve as keynote speaker at the Taiwan Corporate Governance Association (TCGA) 11th International Summit on Corporate Governance from November 5-6, 2015. John’s keynote address, “Selected Principles for an Efficient Regulation of the Internal Affairs of Corporations—A Delaware Example,” will provide... Continue Reading

Webinar: Appraisal Rights: A Changing World

Morris Nichols partners John DiTomo and Eric Klinger-Wilensky will serve as panelists for a webcast entitled “Appraisal Rights: A Changing World”, on May 13, 2014, from 2:00PM-2:45PM. Eric and John will be joined on the panel by Lisa Stark, a partner at Berger Harris. Learn from leading experts about how appraisal rights work in a... Continue Reading

ABA Webinar: Great Hill Equity Partners and the Attorney-Client Privilege in M&A: You Mean We Sold that Too?

Morris Nichols partners John P. DiTomo and Patricia O. Vella spoke in the ABA webinar, “Great Hill Equity Partners and the Attorney-Client Privilege in M&A: You Mean We Sold that Too?” The program, hosted by the ABA Private Equity/Venture Capital Committee, focused on this significant Delaware Court of Chancery case that held under... Continue Reading