Travis J. Ferguson | McCarter & English, LLP

Travis Ferguson is an experienced litigator with first-chair trial experience who helps clients resolve complex business disputes.

Travis focuses his practice on helping clients resolve their complex commercial and corporate disputes, including matters involving contractual issues, fraud, breach of fiduciary duty, corporate governance, and corporate control. He also litigates disputes arising under agreements governing limited liability companies and partnerships. Travis’s experience is across all phases of litigation from start to finish, including pre-litigation counseling, preparing pleadings, arguing motions, managing e-discovery, taking and defending depositions, trial, and post-trial and appellate matters.

Travis practices in federal and state courts, including Delaware’s renowned Court of Chancery. He also has experience handling arbitration proceedings.

Secured a win at the Third Circuit for Compagnie des Grands Hôtels d'Afrique SA when the Court reversed and remanded rulings of the Delaware district court declining to enforce a $60 million arbitral award against Starwood Capital Group or Starman Hotel Holdings LLC, the former parent entities of a failed Moroccan hotel management company against which the arbitral award was originally obtained, under theories of agency and alter ego liability. The Third Circuit later declined Starwood Capital Group and Starman Hotel Holdings, LLC’s bid for a rehearing.

Secured a victory at the Delaware Supreme Court for House of Lithium, Ltd., a private equity fund, when the court affirmed the decision of the Delaware Court of Chancery relating to an alleged breach of stock purchase agreements valued at almost $100 million. The Chancery Court found that although the agreements were valid contracts, the plaintiffs failed to satisfy the necessary conditions to close, and as a result, our client was not obligated to proceed with the transaction.

Secured two trial victories in the Delaware Court of Chancery and a $28 million judgment for the shareholders of a family-owned stevedoring firm in a breach of contract dispute against the subsidiary of the largest privately-owned port operator in the world. After the court adopted our clients’ positions regarding the correct composition and interpretation of a stock sale agreement, the court then found a breach of that agreement after the buyer refused to move forward with the purchase of our client’s interests.

Secured amended pleadings stage dismissal for a former director client in a stockholder class action lawsuit in the Delaware Court of Chancery challenging a transaction that merged an entity into its then-controlling stockholder. In its dismissal opinion, the Court of Chancery agreed that our client was an independent special committee member and the amended complaint had not pleaded a viable claim for breach of the fiduciary duty of loyalty.

Secured a pleadings-stage dismissal for the former executive of a Delaware LLC in a suit brought by a rival company and the executive’s former employer involving claims for breach of restrictive covenant and misappropriation of trade secrets. The Delaware Court of Chancery found a lack of personal jurisdiction over the California-based plaintiff and, in so concluding, was the first court in Delaware to perform a choice of law analysis at the motion to dismiss stage that resulted in voiding a Delaware forum selection clause under California Labor Code Section 925.

Obtained a favorable settlement for our radiology network client in litigation with the client’s founder and former CEO in the Delaware Court of Chancery asserting breaches of an indemnification agreement.