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Practice Areas
Litigation
Education
Columbia University School of Law, J.D. (1989)
Rabbinical College of America (1985)
Amherst College, B.A. (1982)
Admissions
New York
Delaware
United States District Court for the Southern District of New York
United States District Court for the Eastern District of New York
United States District Court for the District of Delaware
United States Court of Appeals for the Third Circuit David S. Eagle
Partner
Wilmington Office
919 Market Street - Suite 1000
Wilmington, DE 19801-3062
302.552.5508 phone
302.426.9193 fax
David Eagle is a partner in the Litigation Department, residing in the firm's Wilmington, Delaware office. He concentrates his practice in corporate and commercial litigation, including the advancement and indemnification of legal expenses on behalf of directors and officers of Delaware corporations, disputes involving Delaware partnerships and limited liability companies, class actions and derivative claims, fiduciary duty litigation, contested director elections, and demands for the inspection of books and records of Delaware entities. David has additional expertise representing clients in connection with Attorney General investigations, as well as in intellectual property and real estate litigation. He has argued before the Delaware Supreme Court and has tried cases (jury and non-jury) in the federal and state courts of Delaware. David joined Klehr Harrison in 1994 as an associate from Schulte Roth & Zabel in New York.
Mr. Eagle is a member of the Delaware State Bar Association, Corporation Law Section, and the American Bar Association, Litigation Section. Mr. Eagle also serves on the board of a number of charitable organizations.
Articles/Seminars
Author, "Advancement and Indemnification Litigation in Delaware," September 2002 (updated February 2006)
Faculty member, "Business Litigation in Delaware," Sterling Education Services, February 2002.
Recochem Inc. v. Vertellus Specialties, Inc.,
ICDR Case No. 50 181 T 204 06 (Oct. 23, 2007)
obtained substantial award in an arbitration on behalf of Canadian company for breach of the duty of good faith in connection with an output contract.
Spencer v. Aggregate Industries, Inc. et al.
Del. Super., C.A. No. 05C-09-166 (Babiarz, J.) (Sept. 19, 2007)
Jury trial on behalf of third-party defendant Air Liquide Industrial U.S.; defense motion granted dismissing plaintiffs' claims.
Boultbee v. Hollinger International Inc.
Del. Ch., C.A. 1585-NC (Nov. 2005 - Feb. 2006)
Obtained favorable settlement after trial of advancement claims on behalf of former officer and director.
Elsmere Park Club, L.P. v. Town of Elsmere
Del. Super. , C.A. No. 03C-07-034 (Toliver, J.) (Jan. 31, 2005)
Obtained summary judgment on behalf of plaintiff dismissing tax lien claim.
Manuel, et al. v. Elsmere Park Club, L.P. et al.
C.A. No. 02C-10-212 (Jurden, J.) (Apr. 16, 2004)
Won denial of class certification motion on behalf of defendants in mold litigation.
Reddy v. Electronic Data Systems Corp.
Del. Ch., 2002 WL 1358761 (June 18, 2002)
Obtained advancement of litigation expenses on behalf of former officer), aff'd (Del. Supr. April 9, 2003.
Perconti v. Thornton Oil Corp.
Del. Ch., 2002 WL 982419 (May 3, 2002)
Obtained indemnification of litigation expenses on behalf of former president and CEO.
Nakahara v. NS 1991 American Trust
Del. Ch., 718 A.2d 518 (1998)
Won denial of motion for relief from judgment.
Nakahara v. NS 1991 American Trust
Del. Ch., 739 A.2d 770 (1998)
Obtained judgment after trial on behalf of defendant-intervenor rejecting claim for advancement of litigation expenses. | 