David Eagle is a partner in the Litigation Department, residing in the firm's Wilmington, Delaware office for over 20 years. He concentrates his practice in corporate and commercial litigation, including disputes involving Delaware corporations, partnerships and limited liability companies; employment litigation, trade secrets and injunctions; shareholder derivative claims; fiduciary duty and trust litigation; contested director elections; and the advancement and indemnification of directors and officers. David served as counsel in several of the most widely-cited cases on advancement and indemnification in Delaware: Nakahara, Perconti, Reddy, Sun-Times Media Group, and Fasciana.
David practices in the Delaware Court of Chancery and the Delaware Superior Court, with particular expertise in the Complex Commercial Litigation Division (CCLD) of the Superior Court. He also litigates in the United States District Court for the District of Delaware, including serving as local counsel in patent litigation and other complex federal matters. David has argued before the Third Circuit Court of Appeals, the Delaware Supreme Court, and has tried both jury and non-jury cases. He joined Klehr Harrison in 1994 as an associate from Schulte Roth & Zabel in New York, and became a member of the firm in 1998.
David is a certified Delaware Superior Court Mediator and is available to parties who wish to explore alternative methods for resolving their disputes, either at the pre-litigation stage or after litigation has been commenced.
Outside of the courtroom, David is the founder and director of the annual Toby Eagle Scholarship in Cancer Research at Johns Hopkins Medicine for college students, and is involved in other not-for-profits.
Columbia University School of Law, J.D. (1989)
Rabbinical College of America (1985)
Amherst College, B.A. (1982)
John Woodruff Simpson Fellow for the Study of Law (1986-1989)
United States District Court for the Southern District of New York
United States District Court for the Eastern District of New York
United States District Court for the District of Delaware
United States Court of Appeals for the Third Circuit
United States Supreme Court
Dietrichson v. Knott and NxGenEd, LLC
2017 WL 1400552 (Del. Ch. April 19, 2017)
Represented defendants in dismissing complaint for breach of fiduciary duty on the grounds that it was derivative in nature, and that the plaintiff failed to allege demand futility or that demand was made and wrongfully refused.
Katten Muchin Rosenman LLP v. Martha Sutherland
2017 WL 24655 (Del. Jan. 3, 2017)
Represented law firm in the Court of Chancery and the Delaware Supreme Court in a case of first impression establishing attorneys' charging liens in hourly fee engagements, regardless of the underlying benefit achieved.
Van Lake v. Sorin CRM USA, Inc.
Del. Super., C.A. No. 12C-04-036-CCLD (JRJ)(2012-2014)
Represented former independent sales representative of medical device company in defeating motion to dismiss and motion for summary judgment on fraud claims. The parties reached a confidential settlement following jury selection on the eve of trial.
E.I duPont de Nemours and Company v. Medtronic Vascular, Inc.
Del. Super., C.A. No. N10C-09-058-CCLD (MMJ) (Jan. 2013), aff'd, Del. Supr. (Sept. 2013)
Served as Delaware counsel to Medtronic's trial and appellate team, winning summary judgment in the Superior Court CCLD on DuPont's claims under a royalty agreement relating to the sale of coronary angioplasty balloon catheters. After briefing and oral argument on appeal, the Delaware Supreme Court affirmed.
Unison Site Management Corporation v. Landmark Dividend LLC, et al.
Del. Ch., C.A. No. 6533-VCL (June 2011 - approx. Jan. 2013)
Defended injunction proceedings, prepared for trial and negotiated settlement of complex employee restrictive covenant and trade secret case.
RTN Investors, LLC v. RETN, LLC, et al.
Del. Super., C.A. No. 08C-04-007 (JRJ) (Feb. 10, 2011)
Obtained judgment after trial on behalf of plaintiff in excess of $4 million plus attorneys' fees and costs for breach of a loan agreement, and successfully defended against lender liability counterclaim.
Dzedzy v. Chemed Corporation, et al.
Del. Super., 09C-02-194 (JOH) (2009-2010)
Negotiated favorable defense settlement following pretrial discovery and mediation of toxic tort case.
Mary Gay v. The Howard Hughes Corporation
Del. Ch., C.A. No. 4072 (2009)
Achieved favorable settlement on the eve of trial of advancement and indemnification claims brought by widow of former executive.
Sun-Times Media Group, Inc. v. Black, et al.
Del. Ch., 954 A.2d 380 (2008)
Obtained summary judgment together with all defendants in leading decision defining the scope of advancement in Delaware.
Recochem Inc. v. Vertellus Specialties, Inc.
ICDR Case No. 50 181 T 204 06 (Oct. 23, 2007)
Obtained substantial award in an arbitration on behalf of Canadian company for breach of the duty of good faith in connection with an output contract.
Spencer v. Aggregate Industries, Inc. et al.
Del. Super., C.A. No. 05C-09-166 (Babiarz, J.) (Sept. 19, 2007)
Jury trial on behalf of third-party defendant Air Liquide Industrial U.S.; defense motion granted dismissing plaintiffs’ claims.
Boultbee v. Hollinger International Inc.
Del. Ch., C.A. 1585-NC (Nov. 2005 – Feb. 2006)
Obtained favorable settlement after trial of advancement claims on behalf of former officer and director.
Elsmere Park Club, L.P. v. Town of Elsmere
Del. Super. , C.A. No. 03C-07-034 (Toliver, J.) (Jan. 31, 2005)
Obtained summary judgment on behalf of plaintiff dismissing tax lien claim.
Manuel, et al. v. Elsmere Park Club, L.P. et al.
Del. Super., C.A. No. 02C-10-212 (Jurden, J.) (Apr. 16, 2004)
Won denial of class certification motion on behalf of defendants in mold litigation
Reddy v. Electronic Data Systems Corp.
Del. Ch., 2002 WL 1358761 (June 18, 2002), aff'd (Del. Supr. April 9, 2003)
Obtained advancement of litigation expenses on behalf of former officer.
Perconti v. Thornton Oil Corp.
Del. Ch., 2002 WL 982419 (May 3, 2002)
Obtained indemnification of litigation expenses on behalf of former president and CEO.
Nakahara v. NS 1991 American Trust
Del. Ch., 718 A.2d 518 (1998)
Won denial of motion for relief from judgment.
Nakahara v. NS 1991 American Trust
Del. Ch., 739 A.2d 770 (1998)
Obtained judgment after trial on behalf of defendant-intervenor rejecting claim for advancement of litigation expenses.
“Jurisdiction and Other Considerations For Litigating In Delaware State Courts,” accredited CLE seminar, November 2014