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C. Barr Flinn

Partner
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Mr. Flinn is a member of the Corporate Counseling and Litigation Section and the former Co-Chair of the Litigation and Trial Practice Section. He has successfully tried or argued numerous cases in the Delaware Court of Chancery and other Delaware courts, concerning all manner of complex disputes including: contested mergers and acquisitions, appraisals, proxy disputes, dilutive stock issuances, foreclosures on equity interests, alleged fraud, alleged breach of fiduciary duty upon insolvency and alleged misuse of confidential information and trade secrets.

More specifically, such cases have involved, among other issues, a private equity firm's foreclosure on stock controlling $2 billion of hotel properties, CNL-AB LLC v. Eastern Property Fund l SPE (MS REF) LLC, C.A. No. 6137-VCP (preliminary injunction argument), the dilution of a controlling shareholder's interest in a corporation, Benihana of Tokyo v. Benihana, Inc., C.A. No. 550-N-VCP (trial), the alleged misuse of confidential  information, Seibold v. Camulos Partners LP, C.A. No. 5176-CS (trial), the alleged breach of alleged duties to warrant holders, Corporate Property Associates 14, Inc. v. CHR Holding Corporation, C.A. No. 3231-S (dismissal and summary judgment arguments), the appraisal of preferred stock of an investment banking firm, Shiftan v. Morgan Joseph Holdings, Inc., C.A. No. 6424-CS (summary judgment argument), and the transfer of assets to an affiliate allegedly in breach of a bond indenture, U.S. Bank National Association v. U.S. Timberlands Klamath Falls, L.L.C., C.A. No. 112-N-VCL (trial).

Mr. Flinn also has defended cases for damages allegedly arising from unfair mergers, including parallel class actions challenging the same merger on substantially the same grounds brought in Delaware and New York by different class counsel, In re Allion Healthcare, Inc Shareholders Litigation, Consol. C.A. No. 5022-CC. Mr. Flinn is a member of the bars of both Delaware and New York.

Mr. Flinn has handled prominent special committee investigations, including an investigation by a committee of the board of directors of FINRA concerning whether FINRA should assert claims against its existing and former directors based upon FINRA's 2008-2009 investment losses and compensation practices. Report of the Amerivet Demand Committee of the Financial Industry Regulatory Authority, Inc. (September 13, 2010).

Mr. Flinn frequently also serves as co-counsel, assisting non-Delaware attorneys successfully to defend or prosecute claims in the Delaware Court of Chancery. Such cases have included derivative litigation against the board of directors of BP p.l.c. for alleged damages arising from the explosion on the Deepwater Horizon oil rig in the Gulf of Mexico, South Eastern Pennsylvania Transportation Authority v. Hayward, C.A. No. 5511-CC.

After graduating from Princeton, with Honors, and Duke Law School, cum laude, Mr. Flinn began his legal career in Delaware, clerking for Chancellor William T. Allen of the Court of Chancery.

Distinctions

  • The Best Lawyers in America┬«, Litigation - Mergers & Acquisitions and Corporate Law, 2009 - Present

Memberships and Affiliations

  • Delaware State Bar Association, Member 
  • American Bar Association, Member
  • International Bar Association
  • Wilmington Institute Library, Board of Managers