John is a trial lawyer with nearly two decades of experience representing boards of directors, investors, and Fortune 500 companies in cases involving corporate governance issues, mergers and acquisitions, and stockholders’ rights. Deemed “Smart, savvy, practical,” John has also been regarded as, “Great on his feet [with] excellent judgment.” (Legal 500 2021)

John’s practice puts him at the forefront of the major M&A cases litigated in the Delaware Court of Chancery and the Delaware Supreme Court. He also has significant experience litigating cases in the Complex Commercial Litigation Division (CCLD) of the Delaware Superior Court.

John leverages his deep knowledge of Delaware law and finance to craft solutions for his clients. Some of John’s recent trial victories include securing a multi-million-dollar final judgment in favor of a pharmaceutical company whose investment was fraudulently induced and successfully prosecuting an appraisal action through trial and appeal, resulting in one of the largest appraisal awards in recent Delaware history.

He has been recognized in the peer-reviewed law firm ranking publications Legal 500 for his M&A litigation defense work and Best Lawyers in America for his complex commercial litigation work. Legal 500 (2021) sources enthuse, “John DiTomo is a rock star,” and others say he is “an exceptional lawyer… well respected by the Judges and Vice Chancellors. Such credibility is key.”

Outside of the court room, John serves on the Delaware Court of Chancery Rules Committee, and the Delaware Board of Bar Examiners. John is also honored to serve on the University of Pennsylvania Institute for Law and Economics (Board of Trustees).

John is a graduate of the University of Pennsylvania Law School where he served as an editor of the Journal of Constitutional Law and earned a Certificate of Study in Business Economics and Public Policy from the Wharton School of the University of Pennsylvania. Following law school, he clerked for the former Chancellor of the Delaware Court of Chancery, the Honorable William B. Chandler, III.

Experience

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)

Maverick Therapeutics Inc. and Millennium Pharmaceuticals Inc. v. Harpoon Therapeutics Inc. (Delaware Court of Chancery)

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 & Insights

Honors & Recognitions

The Legal 500 US, mentioned in M&A litigation, 2020-2023

The Best Lawyers in America, listed in Delaware commercial litigation, 2022-2024

Professional & Civic

Delaware Board of Bar Examiners (appointed by Delaware Supreme Court, 2018-present)

Delaware Court of Chancery Rules Committee

Delaware State Bar Association

University of Pennsylvania Institute for Law and Economics (Board of Trustees)

Clerkships

  • Law Clerk to the Honorable William B. Chandler III, Chancellor, Delaware Court of Chancery

Education

University of Pennsylvania Law School, JD
University of Pennsylvania Journal of Constitutional Law

The Wharton School of the University of Pennsylvania, Certificate of Study in Business Economics and Public Policy

Richard Stockton College of New Jersey, BA

Admissions

  • Delaware

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

Clients tell Legal 500: “We have worked with the [Morris Nichols] team, in particular John DiTomo, on four matters in the past two years. Their work has been excellent.”

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