ATTORNEYS

Marcus E. Montejo
Managing Director

Practice Areas

  • Corporate Litigation
  • Corporate Counseling

MARCUS E. MONTEJO practices primarily in the Delaware Court of Chancery representing clients involved in disputes with investors, directors, executives or corporations.  Marcus is experienced in advising boards of directors, special committees and controlling stockholders in connection with corporate transactions, particularly those involving conflicts of interest.  Marcus also specializes in business valuation litigation, including statutory and quasi-appraisal actions, and in advising activist stockholders.

Marcus received his Bachelors in Science from the University of South Carolina, and his Juris Doctor, magna cum laude, from the Delaware Law School at Widener University.  While at Widener, Marcus was a Managing Editor for The Delaware Journal of Corporate Law, and also a Wolcott Fellow for the Honorable Myron T. Steele, Chief Justice of the Delaware Supreme Court.

Before law school, Marcus worked as a management consultant for PricewaterhouseCoopers, and then as a business analyst for a Fortune 500 Company, where he specialized in Financial Reporting Systems and Sarbanes-Oxley compliance.  Marcus also served in the United States Marine Corps.

REPRESENTATIVE CASES

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In re AT&T Mobility Wireless Operations Holdings Appraisal Litig., Del. Ch., Cons. C.A. No. 5736-VCL, four consolidated appraisal actions recovering an average post-trial judgment award for dissenting stockholders of approximately 45% more than the amount paid in the mergers;

In re Appraisal of The Orchard Enterprises, Inc., 2012 WL 2923305 (Del. Ch. July 18, 2012), aff’d, — A.3d –, 2013 WL 1282001 (Del. 2013), appraisal action recovering a post-trial judgment award for dissenting stockholders of approximately 128% more than the amount paid in the merger;

In re Wayport, Inc. Litig., — A.3d –, 2013 WL 5345477 (Del. Ch.), post-trial recovery against venture capital corporate insider for fraudulently inducing the founder and former chief executive officer of the company to sell shares of the company;

In re Southern Peru Copper Corp. S’holder Derivative Litig., 52 A.3d 761 (Del. Ch. 2011), aff’d, 51 A.3d 1213 (Del. 2012), entire-fairness breach of fiduciary duty action recovering a post-trial judgment award for the company of $2.1 billion;

Reis v. Hazelett Strip-Casting Corp., 28 A.3d 442 (Del. Ch. 2011), entire-fairness breach of fiduciary duty action recovering a post-trial judgment award for minority stockholders of 142% more than the amount paid by the controlling stockholder in a reverse stock-split freeze-out transaction.

Professional and Community Activities:

  • Member, American Bar Association including the Sections on Business Law and Litigation.
  • Member, Delaware Bar Association including the Section on Corporate Law and Litigation.

Bar Admissions:

  • Delaware
  • United States District Court, Delaware

Education

  • University of South Carolina (B.S., 2000)
  • Widener University School of Law (J.D., 2006)