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Nicholas D. Mozal

Counsel
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Nick Mozal is counsel in the firm's Corporate Litigation Group and focuses his practice on corporate and commercial litigation in the Delaware Court of Chancery and Supreme Court. His experience includes litigating stockholder class and derivative claims, and statutory proceedings under the Delaware General Corporation Law, such as actions concerning advancement, appraisal, and contested board elections. He also counsels directors and special committees regarding issues of corporate governance and fiduciary duties.

Before joining Potter Anderson, Nick was a law clerk for Vice Chancellor Morgan T. Zurn of the Delaware Court of Chancery. Prior to his clerkship, Nick was an associate in private practice in Wilmington and also served as a law clerk to the Honorable Franklin S. Van Antwerpen of the United States Court of Appeals for the Third Circuit.

Publications

  • Mozal and Venuti Discuss the Delaware Court of Chancery's Examination of Contractual Limitations on Post-Closing Fraud Claims
    Fall 2021
  • Delaware Supreme Court Resuscitates Suit Challenging Decision to Value Pending Litigation Claims at Zero in Merger
    The M&A Lawyer, Issue 3, March 2021
  • Three Is Not A Trend: Another Caremark Claim Survives A Motion To Dismiss, But Does Not Reflect A Change In The Law
    Harvard Law School Forum on Corporate Governance and Financial Regulation, May 27, 2020
  • Drafting Earnout Provisions to Manage Litigation Risk
    Business Law Today, March 26, 2020
  • Observations on Clovis Oncology, Inc. Derivative Litigation
    Harvard Law School Forum on Corporate Governance and Financial Regulation, October 14, 2019
  • Court of Chancery Extends M&F Worldwide Framework to Controller/Third-Party Transactions
    The M&A Lawyer, Issue 8 at 1
  • The Limits of “The Corwin Effect"
    Harvard Law School Forum on Corporate Governance and Financial Regulation, July 28, 2018
  • Delaware Supreme Court Limits Ratification Defense for Director Compensation Awards
    The Columbia Law School Blue Sky Blog, January 3, 2018
  • Supreme Court Increases Delaware's Role as Forum for Patent Litigation
    The Temple 10-Q, June 19, 2017
  • In re Saba Software: Court of Chancery Allows First Plaintiffs to Escape Corwin Dismissal
    The M&A Lawyer, Issue 5 at 1, May 2017
  • Saba Software, Inc. – Eluding Corwin Dismissal
    Harvard Law School Forum on Corporate Governance and Financial Regulation, April 5, 2017
  • Proposed Amendments to Delaware Appraisal Statute Attempt to Curb, not End, Appraisal Arbitrage
    Deal Points, Volume XX, Issue 2, at 5, Spring 2015
  • Why The Delaware Courts Express Two, And Only Two, Fiduciary Duties: A Response To How Many Fiduciary Duties Are There in Corporate Law?
    83 S. CAL. L. REV. 1231 (2010), 87 S. CAL. L. REV. Postscript 154 (2014)

News

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Education

Temple University Beasley School of Law, J.D., summa cum laude, 2011; Lead Research Editor, Temple Law Review

Bucknell University, B.A., magna cum laude, 2008; Phi Beta Kappa

JUDICIAL CLERKSHIPS

  • Law clerk to the Honorable Morgan T. Zurn of the Delaware Court of Chancery, 2018-2019
  • Law clerk to the Honorable Franklin S. Van Antwerpen of the United States Court of Appeals for the Third Circuit, 2011-2012

Bar & Court Admissions

  • Delaware, 2013
  • U.S. District Court for the District of Delaware, 2013
  • U.S. Court of Appeals for the Third Circuit, 2017

Professional Activities and Honors

Richard S. Rodney Inn of Court

Recognized by The Best Lawyers in America in the area of Corporate Law, most recently in the 2022 edition

Super Lawyers, Rising Star, Business Litigation (2020, 2021)

Richard K. Herrmann Technology American Inn of Court