Berton W. Ashman, Jr. 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 also litigates 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. He has been recognized in Chambers USA as "up and coming" among leading practitioners in Chancery litigation, has been named a Delaware “Rising Star” among business litigators, and is AV® Preeminent™ peer review-rated in Martindale Hubbell.
- Represented AOL Inc. in appraisal litigation following the company's multibillion-dollar acquisition by Verizon
- Represented Elizabeth Elting in multiple suits relating to the dissolution of TransPerfect Global, Inc.
- 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
- Law360, March 8, 2019
- Law360, July 31, 2017
- InSights, January 2014
- Practical Lessons to Be Learned Concerning Poison Pills in the Chancery Court's Decision in 'Air Products v. Airgas'March 23, 2011
- March 1, 2011
- Delaware Court Clarifies Judicial Standard of Review for Evaluating Director Actions Affecting a Stockholder VoteAugust 22, 2007
- August 19, 2021
- August 20, 2020
- Potter Anderson Partner, Donald J. Wolfe, Jr., Tops 2015 Delaware Super Lawyers Rankings; 17 Potter Anderson Attorneys in Eight Practice Areas RecognizedMay 15, 2015
- February 22, 2011
Events & Speaking Engagements
University of Virginia School of Law, J.D.
University of Delaware, M.A.
James Madison University, B.A.
Bar & Court Admissions
- Delaware, 2005
- U.S. District Court for the District of Delaware, 2006
Professional Activities and Honors
The Best Lawyers in America, Corporate Law, 2021, 2022
Martindale Hubbell AV® Preeminent™ Peer Review-Rated
Super Lawyers Delaware “Rising Star” in Business Litigation, 2013-2015
Associate Member, Board of Bar Examiners, Delaware Supreme Court, 2013
Delaware State Bar Association
American Bar Association