Jonathan M. Stemerman

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Jonathan M. Stemerman advises clients in a wide variety of complex litigation, transactional, and insolvency matters. He concentrates his practice in the areas of corporate litigation, commercial litigation and bankruptcy litigation, as well as corporate transactions, workouts, and restructurings. He is certified as a Lean Six Sigma Green Belt, which he uses whenever applicable to provide cost efficiencies to his clients. He served as a clerk to Justice Randy J. Holland of the Delaware Supreme Court from 2003 to 2004.

Jonathan M. Stemerman

Legal Experience That Stands Out

Jon has represented clients in numerous corporate and complex commercial litigation cases in Delaware and Pennsylvania. He frequently litigates matters in Delaware’s Court of Chancery, including actions involving breach of fiduciary duty, business divorce, receiverships, and books and records requests. Additionally, he represents both plaintiffs and defendants in breach of contract actions and other complex commercial disputes in Delaware and Pennsylvania state and federal courts.

He serves as counsel to debtors, creditors, and trustees in a wide variety of bankruptcy matters. Jon frequently represents plaintiffs and defendants in preferential transfer and fraudulent conveyance actions. He also advises clients in bankruptcy matters involving the sale or purchase of assets, assumption and assignment of leases and contracts, and intellectual property issues. He also assists debtors and creditors in out-of-court restructuring and workouts.

Jon also represents clients in transactional matters, including entity formation, investment rounds, and wind downs.

Jon is active in the American Bar Association, holding various leadership roles.

Representative Matters

  • Defense counsel for a mobile advertising platform developer and its former directors in a Delaware Chancery Court action alleging breach of fiduciary duty and disclosure violations arising out of an M&A transaction.
  • Represented companies defending, and shareholders and members prosecuting, actions seeking access to company’s books and records pursuant to Section 220 of the Delaware General Corporation Law and Section 18-305 of the Delaware LLC Act.
  • Defense counsel for employee retirement investment funds of a Fortune 100 company in the Tribune and Lyondell claw back actions, two of the largest fraudulent conveyance actions in history, filed in the Southern District of New York.
  • Represented lead investors in Series A round in company building on the EOSIO blockchain platform. This representation involved drafting various investor documents, including term sheets, stockholder purchase agreements, voting rights agreements, investors’ rights agreements, and indemnification agreements, as well as drafting board resolutions, and amending certificates of incorporation and company bylaws.
  • Counsel to numerous Official Committees of Unsecured Creditors, including, recently, In re New England Motor Freight, Inc., In re PES Holdings, Inc., and In re Weyerbacher Brewing Company, Inc.
  • Represented a Fortune 10 company in In re RadioShack, Inc. bankruptcy case. Jon advised and assisted the client on many issues, including rejection, assignment, and assumption of executory contracts, intellectual property license, and privacy issues.
  • Defense counsel to employee and employee’s company against an action by former joint venture partner to obtain a temporary restraining order and preliminary injunction involving contested non-disclosure and non-compete agreements.

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Education
  • Villanova University School of Law, J.D., 2003, cum laude
  • Colgate University, B.A. 2000
Bar Admissions
  • Delaware
  • Pennsylvania
  • U.S. District Court, District of Delaware
  • U.S. District Court, Eastern District of Pennsylvania
Honors and Awards
  • Delaware Super Lawyers, Rising Star, 2012 – 2018
  • American Bar Association, Business Law Fellow, 2016 – 2018
  • James J. Manderino Award for Trial Advocacy, 2003
  • Managing Editor, Villanova Law Review