Richard L. Renck

Partner

  • Richard L. Renck
  • Phone: +1 302 657 4906

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  • Duane Morris LLP
    1201 North Market St, Suite 501
    Wilmington, DE 19801
    USA

Richard L. Renck is a seasoned trial lawyer with almost 20 years of experience litigating matters in both the state and federal courts in Delaware-including an extensive practice before Delaware’s Court of Chancery. His practice focuses on complex corporate and commercial litigation with a particular emphasis on corporate governance disputes (including stockholder class and derivative litigation), and statutory actions arising under the Delaware General Corporation Law (including, for instance, "book-and-records" litigation, actions to compel an annual meeting, or actions seeing judicial dissolution of an entity). Richard also represents clients in high-stakes contractual and commercial disputes. 

He is also an experienced counsellor to corporate boards, individual directors and committees of boards involved in challenging litigation, addressing complex issues of corporate governance, facing hard-fought proxy contests, or responding to stockholder demands. Richard also regularly works with the professionals in Duane Morris’ Intellectual Property practice group in representing clients in intellectual property litigation in the United States District Court for the District of Delaware.

Richard brings to bear on all client matters his love of learning about the intricacies of the businesses of his clients and applies his judgment, prudence, perspective and creativity to each client’s individual situation. These characteristics have also been recognized by members of the Delaware judiciary, who have appointed Mr. Renck as either a special master or a receiver on a number of occasions-including as the receiver for an approximately $300 million trust involved in multi-state litigation.

Richard  is active in the Business Law Section of the ABA and has served as the Chair of both the Judges Initiative and the Business Courts subcommittee of that Section. His involvement in those activities ensures that he remains at the forefront of corporate and commercial matters that are being litigated in the specialized business and commercial courts in jurisdictions beyond Delaware.

After law school, Richard served as law clerk in both of Delaware’s primary trial courts--first in the Superior Court of Delaware, and then to the Honorable William B. Chandler III and the Honorable John W. Noble in the Delaware Court of Chancery. Those clerkships cemented Richard’s desire to remain in Delaware to practice the very specialized corporate and commercial law that is the hallmark of that jurisdiction.

The listing of areas of practice in the foregoing profile does not represent official certification as a specialist in those areas.

Areas of Practice

  • Commercial Litigation
  • Corporate Governance

Representative Matters

  • Represented Huntington Way Associates, the minority owner of the Red Roof Inn hotel chain, in multiforum litigation against the majority owner, affiliates of Westmont Hospitality Group, regarding an approximately $25 million American Arbitration Association award in Huntington’s favor; the Delaware Court of Chancery granted Huntington’s motion for summary judgment confirming the award and rejected Westmont’s cross-motion seeking vacatur.

  • Defended Gabb Wireless, Inc. and two of its directors against an expedited action over control of Gabb Wireless that had been filed by its founder and former CEO. 

  • Appointed by the Court of Chancery to represent Artemus, LLC, an art financing and leasing company, as Liquidating Trustee in a judicial dissolution proceeding filed by one of the two 50% members of Artemus, LLC.

  • Delaware trial counsel representing client in ongoing litigation with her siblings over the Ecuadoran estates of their parents. This litigation has involved complicated family dynamics, tracing sophisticated corporate transactions over various jurisdictions, and shifting alliances between and among the three siblings as litigation has proceeded on three continents.

  • Represented the Stockholders' Representatives of a pharmaceutical company in connection with the receipt and distribution to the former shareholders of a $150 million "milestone" payment from another pharmaceutical company. The milestone payment arose out of the March, 2016 approval by the U.S. FDA of a biological drug that treats a severe form of asthma.

  • Representing a major Israeli commercial law firm that has been sued in the Court of Chancery for allegedly aiding and abetting breaches of fiduciary duty by its client, a Delaware corporation.

  • Delaware trial counsel in matter pending in the Court of Chancery where client is engaged in global litigation with her uncles and other family members over her inheritance from her late father. She is a resident of Lebanon, and litigation is currently pending in Delaware and Canada.

  • Representing two minority stockholders in class and derivative litigation against Maritime Explorations, Inc., which is the entity responsible for finding and salvaging from the pirate ship the Whydah. The litigation challenges certain transactions where the majority stockholders purported to issue to themselves additional shares that would have increased their ownership from 51% to 92%.

  • Trial counsel representing a leading provider of internet radio to foreign nationals around the globe and its current board of directors in a dispute over control of the board and of the company.

  • Represent a wireless service provider in defending against a statutory appraisal action following a merger.

  • Counsel to the Special Committee of the Board of Directors of Lyris, Inc. as it solicited, negotiated and approved a merger transaction.

  • Delaware counsel to a large, US-based construction management firm as it addressed an unsolicited offer to purchase the company and interest from an activist investor. The engagement entailed advising the executive officer team and the board of directors on takeover protection strategies, defense of a proxy contest, and the defense of expedited litigation seeking to enjoin the holding of the company’s annual meeting.

  • In April 2015, appointed by the Court of Chancery of the State of Delaware as a Receiver Pendente Lite charged with the administration and management of an approximately $300 million family dynasty trust during the pendency of divorce proceedings in Kentucky.

  • Judy v. Preferred Communication Systems, Inc., 2013 WL 1897127 (Del. Ch. March 25, 2013): I served as the court-appointed receiver charged with gathering the company's books and records, completing an accurate stock ledger, and convening an annual meeting for the election of directors.
  • America's Mining Corp. v. Theriault, 51, A.3d 1213 (Del. 2012): I was the primary A&G lawyer responsible for representing the nominal defendant, Southern Peru Copper Corp. in this shareholder derivative suit.
  • In re Anderson News, LLC, Case No. 09-10695 (CSS)(2011 Bank. Ct. of Del.): Counsel to the Examiner in this Chapter 11 proceeding.
  • WaveDivision Holdings, LLC v. Millennium Digital Media Systems, L.L.C., 2010 WL 3706624 (Del. Ch. Sept 17, 2010). I was the primary A&G lawyer responsible for representing the defendant in this commercial dispute.
  • In re Appraisal of Metromedia Intern. Group, Inc., 971 A.2d 893 (Del. Ch. 2009): Represented petitioners in this statutory appraisal action.
  • In re Loral Space and Communications, Inc., 2008 WL 4293781 (Del. Ch. Sept. 19, 2008): Represented significant investor as the derivative plaintiff in this class and derivative action.

  • Represented the special committee of the board of directors of an automotive parts supplier as it considered strategic alternatives while in the “zone of insolvency.” (2008).

  • OCI, Wyoming v. PacifiCorp, 479 F.3d 1199 (10th Cir. 2007): Successfully represented mining corporation in a suit against the supplier of electrical power for power outages.
  • Black v. Hollinger Intern., Inc., 872 A.2d 559 (Del. 2005): Represented the members of the Special Committee charged with reviewing the conduct of Mr. Black.

Admissions

  • Delaware
  • Pennsylvania
  • Maryland
  • U.S. District Court for the District of Delaware
  • U.S. District Court for the District of New Mexico
  • U.S. Court of Appeals for the Third Circuit
  • U.S. Court of Appeals for the Tenth Circuit

Education

  • University of South Carolina School of Law, J.D., 1999
    - Articles Editor, South Carolina Environmental Law Journal
    - Order of Wig and Robe
  • Presbyterian College, B.S., cum laude (with honors in Business), 1992

Experience

  • Duane Morris LLP
    - Partner, 2014-present
  • Ashby & Geddes
    - Partner, 2008-2013
    - Associate, 2003-2008
  • Potter Anderson & Corroon
    - Associate, 2001-2003
  • Court of Chancery of the State of Delaware
    - Judicial Law Clerk to the Hon. William B. Chandler III and the Hon. John W. Noble, 2000-2001
  • Superior Court of the State of Delaware
    - Judicial Law Clerk, 1999-2000

Professional Activities

  • American Bar Association
    - Section of Business Law, Business & Corporation Litigation Committee
    -- Former Chairman, Business Courts Subcommittee
    -- Co-chair of Judges Initiative
  • Delaware State Bar Association
  • Rodney Inn of Court

Honors and Awards

  • Listed in The Best Lawyers in America, 2023 and 2024
  • Listed in Chambers USA: America's Leading Lawyers for Business, 2022-2024

Civic and Charitable Activities

  • Office of the Child Advocate, Delaware
    - Guardian ad litem on behalf of abused and neglected children
  • Haig Point Club and Community Association
    - Member, Board of Directors
  • Friends of Mount Harmon, Inc.
    - Member, Board of Directors

Selected Publications

Media Hits

Selected Speaking Engagements

  • Speaker, "Using ChatGPT in Your Practice—Possibilities and Pitfalls," The 29th Annual Rubenstein-Walsh Seminar on Ethics and Professionalism, February 9, 2024 
  • Speaker, "A Few Minutes About Corporate Minutes: The Good, The Bad and The Ugly," Philadelphia Association of Corporate Counsel, August 22, 2023 
  • Moderator, "When Three is a Crowd: Issues in Managing Complex Multidistrict and Cross-Border Litigation," 2014 Business Law Section Annual Meeting of the ABA, Chicago, September 12, 2014
  • Moderator, "Recent Developments in Director Liability," 2013 Association of Corporate Counsel Annual Meeting
  • Moderator, "Independent Directors: Help Them to Help You," 2012 Association of Corporate Counsel Annual Meeting