Hale and Dorr litigation attorneys Dan Halston and Sean Carnathan were recently successful in obtaining summary judgment for SinglePoint Financial, Inc. in the Delaware Chancery Court. The Court awarded SinglePoint summary judgment in an action brought by a former officer and director of SinglePoint seeking the advancement of his litigation costs and attorney's fees under the Company's By-laws for litigation brought by him against the Company.
The Chancery Court rejected the former officer's arguments, and also rejected a subsequent motion for re-argument. The Court accepted SinglePoint's arguments and upheld the "defendant or respondent" language in the Company's By-laws. The Court also agreed with SinglePoint that the former officer was "seeking to turn the American Rule (which requires parties to pay their own way) on its head, and in effect to have SinglePoint finance his lawsuit against it."