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Berton W. Ashman, Jr.

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Mr. Ashman focuses his practice on corporate and commercial litigation in the Delaware Court of Chancery.  He has extensive experience with litigation concerning fiduciary duties, merger and acquisition transactions, corporate control disputes, breach of contract claims, and other complex matters, as well as with disputes involving limited partnerships and other alternative entities.  Bert has also litigated and provided advice regarding various claims asserted under the Delaware General Corporation Law, such as claims for indemnification, stockholder inspection demands, and dissolution.  In connection with his litigation practice, Bert also advises directors, stockholders, and other parties on their rights and obligations under Delaware law.

Bert has been involved in a number of matters resulting in significant corporate law-related decisions.  Prior to becoming a partner of the firm, Bert was selected as an “associate to watch” among Court of Chancery practitioners in Chambers USA: America’s Leading Lawyers for Business.  He has been named a Delaware “Rising Star” among business litigators and is AV® Preeminent peer review-rated in Martindale Hubbell.

Representative Matters

  • Represented Sotheby’s and its directors in expedited litigation relating to a proxy contest and an attempt to enjoin the company’s shareholder rights plan
  • Represented El Paso Corporation and directors of its affiliated master limited partnership in litigation challenging various pipeline-asset transactions
  • Represented Answers Corporation and its directors in litigation challenging the sale of the company to a private equity buyer
  • Represented the special committee of the board of directors of C&D Technologies, Inc. in litigation challenging a going-private transaction
  • Represented IntercontinentalExchange, Inc. in expedited litigation challenging its acquisition of the NYSE
  • Represented Airgas, Inc. and its directors in expedited litigation defending against a hostile takeover bid 
  • Represented craigslist, Inc. in litigation challenging various corporate actions and defensive measures
  • Represented IntercontinentalExchange, Inc. and the New York Board of Trade in merger-related litigation
  • Represented Prizm Group, Inc. in litigation regarding contested stock ownership
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Education

University of Virginia School of Law, J.D., 2005

University of Delaware, M.A., 2001

James Madison University, B.A., 1996

Bar & Court Admissions

  • Delaware, 2005
  • U.S. District Court for the District of Delaware, 2006

Professional Activities and Honors

  • Martindale Hubbell AV® Preeminent Peer Review-Rated
  • Chambers USA:  America’s Leading Lawyers for Business “Associate to Watch” for Chancery litigation, 2012, 2013
  • Super Lawyers 2013-2015 Delaware “Rising Star” in business litigation
  • Associate Member, Board of Bar Examiners, Delaware Supreme Court, 2013
  • Delaware State Bar Association
  • American Bar Association