ATTORNEYS

Marcus E. Montejo
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 Cellular Telephone Partnership Litig., Del. Ch., Coordinated C.A. 6885-VCL. Coordinated actions challenging AT&T’s cash-out of its partners who held minority interests in partnership businesses. Prosecuted for more than a decade through trial, settling after Vice Chancellor Laster issued the bellwether post-trial decision (2022 WL 698112) valuing Salem Cellular Telephone Company, one of the partnerships at issue, at more than 300% the cash-out value, awarding the minority partners $9.3 million in damages, plus pre- and post-judgment interest.
  • In re Amtrust Financial Services, Inc. Appraisal and S’holder Litig., Del. Ch., Cons. C.A. No. 2018-0396-LWW. Stockholder class action seeking damages against controlling stockholder for breach of fiduciary duty; $40 million settlement approved by court.
  • In re Duke Energy Corp. Derivative Litig., Del. Ch., C.A. No. 7705-VCG. Derivative stockholder action seeking damages on behalf of company for breaches of fiduciary duty by company directors and officers; $27 million settlement approved by court.
  • In re GoodCents Holdings, Inc. S’Holder Litig., Del. Ch., C.A. No. 11723-VCMR. Represented company founders squeezed out by private equity partner, receiving no value for their common stock. Prosecuted appraisal and related breach of fiduciary duty claims; settled after prevailing on partial summary judgment, recovering $7.5 million for clients.
  • In re Appraisal of SWS Group, Inc., Del. Ch., C.A. No. 10554-VCG. Stockholder appraisal action prosecuted through trial and appeal on behalf of investors of company.
  • In re Bluegreen Corp. S’holder Litig., Fl. Cir. Ct, Case No. 502011CA018111. Stockholder class action seeking damages for minority stockholders of company against controlling stockholder for breach of fiduciary duty; $37 million settlement approved by court.
  • Merlin Partners LP v. AutoInfo, Inc., Del. Ch., C.A. No. 8509-VCN. Stockholder appraisal action prosecuted through trial on behalf of investors of company.
  • B&L Cellular, et al. v. USCOC of Greater Iowa, LLC, Del. Ch., C.A. No. 7628-VCL. Action brought by minority partners against controlling partner for breach of fiduciary duty; post-trial award of $2 million.
  • In re Southern Peru Copper Corp. S’holder Derivative Litig., Del. Ch., C.A. No. 961-CS, aff’d Mining Corp. v. Theriault, Del., Nos. 29, 2012, 30, 2012. Derivation action seeking damages on behalf of company for breaches of fiduciary duty by controlling stockholder; post-trial award of $2.1 billion.
  • In re Wayport, Inc. Litig., Del. Ch., C.A. No. 4167-VCL. Action brought by founder of company for breach of fiduciary duty and fraud; post-trial recovery against venture capital corporate insider for fraud.
  • In re AT&T Mobility Wireless Op. Holdings Appraisal Litig., Del. Ch., Cons. C.A. No 5736-VCL. Four consolidated stockholder appraisal actions brought on behalf of minority stockholders; post-trial award of approximately 45% more than amount paid in mergers challenged.
  • In re Appraisal of The Orchard Enterprises, Inc., Del. Ch., C.A. No. 5713-CS, aff’d The Orchard Enterprises, Inc. v. Merlin Partners, LP, Del., No. 470, 2012. Stockholder appraisal action brought on behalf of investors of company; post-trial award of approximately 128% more than amount paid in merger challenged.
  • Reis v. Hazelett Strip-Casting Corp., Del. Ch., C.A. No. 3552-VCL. Class action brought on behalf of employees and former employees of the company who were cashed-out by the company’s controlling stockholder through a reverse stock-split. Prosecuted breach of fiduciary duty action recovering a post-trial judgment award of 142% more than the cash-out price paid to the class.

Recent Speaking Engagements

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  • In the Matter of Qunar Cayman Islands Ltd, Grand Ct. Cayman Islands, Cause No.: FSD 76 of 2017 (RJP) – Expert submission on matters of Delaware law.
  • July 2017. Panel Speaker, Recent Developments in Appraisal Law, Delaware Law Developments, PLI Practicing Law Institute, New York, New York.
  • In the Matter of Trina Solar Ltd, Grand Ct. Cayman Islands, Cause No.: FSD of 2017 (NSJ) – Expert submission on matters of Delaware law.
  • August 2016. Panel Speaker, Recent Developments in Appraisal Law, Delaware Law Developments, PLI Practicing Law Institute, New York, New York.
  • June 2014. Panel Speaker, The Explosion of Appraisal Litigation in Delaware, M&A Litigation 2014, PLI Practicing Law Institute, New York, New York
  • May 2014. Panel Speaker, Appraisal, Delaware Law Developments, PLI Practicing Law Institute, New York, New York.

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)

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