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

+

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; settlement for $27 million approved by court.

In re GoodCents Holdings, Inc. S’Holder Litig., Del. Ch., C.A. No. 11723-VCMR – Stockholder appraisal and breach of fiduciary duty action brought on behalf of founders of company; settled on favorable terms 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, 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 Am. 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 142% more than amount paid in merger challenged.

Reis v. Hazelett Strip-Casting Corp., Del. Ch., C.A. No. 3552-VCL – 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 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)