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Wilmington Office
919 N. Market Street - Suite 1000
Wilmington
DE 19801-3062
302.552.5518 phone302.426.9193 faxsbrennecke@klehr.com
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Sean M. Brennecke

Associate | Litigation

Biography

Sean M. Brennecke concentrates his practice in corporate and business litigation, including disputes involving Delaware corporations, partnerships and limited liability companies. Sean has experience assisting in the representation of plaintiffs and defendants in all aspects of the litigation process before the Delaware Court of Chancery, the Delaware Superior Court, the Delaware Supreme Court, and the United States Court of Appeals for the Third Circuit.  He also litigates a variety of claims in the United States District Court for the District of Delaware, including serving as local counsel in intellectual property litigation.

Credentials

Education

Widener University School of Law, J.D. (2005)

Northeastern University, B.S. (2002)


Admissions

Delaware

New Jersey

Publications
Co-Author, Appointment of the Committee and Retention/Compensation of Professionals chapter of "Representing The Creditors' Committee, A Guide for Practitioners," American Bankruptcy Institute, 2016.

Representative Matters:

Lincoln v. LSF5 Wagon Holdings, LLC, et al.
Del. Ch., 10043-VCL (2014)
Assisted in obtaining a favorable settlement for a major restaurant group against fraud and breach of contract claims brought by the group's founder;

Prodagio Intermediary, LLC v. Prodagio Holdings, Inc. et al.,
Del. Ch., 10059-VCN (2014)
Assisted in the representation of the surviving party to a merger transaction in a multi-jurisdictional dispute involving claims of fraud, breach of the merger agreement and indemnification it brought against the merger target and its former majority shareholder;

Caspian Select Credit Master Fund Ltd. v. Key Plastics Corp.,
Del. Ch., 8625-VCN (2013)
Represented Key Plastics Corp., in the defense of a books and records action brought by a minority shareholder pursuant to 8 Del. C. § 220;

Utilisave LLC, et al., v. Khenin,
Del. Ch., 7796-CS (2012)
Represented a former CEO and co-managing member of a LLC in defense of claims brought by the LLC's other manager, alleging breach of fiduciary duty, breach of contract, conversion, waste and misappropriation of trade secrets;

Khenin v. Utilisave, LLC,
Del. Ch. 7967-CS (2012)
Represented a former CEO and co-managing member of a LLC in connection with an advancement action brought to enforce the CEO's contractual advancement rights;

Apeldyn Corp. v. Sony Corp. et al.,
D. Del., 1:11-cv-00440-SLR (2012)
Served as local counsel in a complex patent infringement case;

Finnegan V. Smith et al.,
Del. Ch., 7045-VCP (2011)
Represented the plaintiff in an action brought pursuant to 8 Del. C. § 225 seeking a declaratory judgment as to the composition of a company's board of directors;

Xpoint Technologies, Inc. v. Farstone Technologies, Inc. et al.
D. Del., 1:09-cv-00026-SLR (2011)
Local counsel in a complex patent infringement case that was resolved by a favorable settlement;

Xpoint Technologies, Inc. v. Cypress Semiconductor Corp. et al.
D. Del., 1:09-cv-00628-SLR (2011)
Local counsel in a complex patent infringement case that was resolved by a favorable settlement;

Terra Soil Farming LLC v. Blue Iron Farming LLC
Del. Ch., 4507-VCN (2010)
Part of the team that obtained a favorable settlement on the eve of trial in a complex breach of contract action;

Office of the Commissioner of Baseball v. Markell et al.
D. Del., 1:09-cv-00538-GMS (2009)
3rd Cir., No. 09-3297 (2009)
Part of the team representing, among others, the Governor of the State of Delaware in an action brought by the Office of the Commissioner of Baseball, The National Basketball Association, The National Collegiate Athletic Association, The National Football League and the National Hockey League challenging Delaware’s sports lottery; and

In re: Request of the Governor for an Advisory Opinion
Del. Supr., C.A. No. 150, 2009 (2009)
Part of the team that presented the winning argument and obtained an opinion which allowed Delaware to begin conducting a sports lottery.