C. Malcolm Cochran, IV

C. Malcolm Cochran IV (Mike) has extensive experience in the litigation and trial of a wide variety civil matters, including cases involving complex commercial, corporate, partnership, alternative entity, business, contract, tort, insurance, administrative law, health care, products and constitutional law claims. A director in the firm’s Litigation Department, he regularly represents entities and individuals in Delaware’s state and federal courts.

In addition to representing clients in trials, arbitrations and mediations, Mike is experienced in appellate matters, having argued cases before the Delaware Supreme Court and the Third Circuit Court of Appeals. He also represents clients before various state administrative agencies and in the Delaware General Assembly.

• Hale v. City of Wilmington: Representation of the City of Wilmington and its police officers in a highly publicized civil rights case involving claims arising from the death of an individual as he was being taken into police custody.
• Teleglobe Communications Corp. v. BCE: Representation of subsidiaries of a major international telecommunications provider in the litigation of claims arising from the parent’s decision to withdraw funding, resulting in a liquidating bankruptcy. Case involves claims in excess of $500 million.
• Delaware Compensation Rating Bureau v. Insurance Commissioner of the State of Delaware: Representation of the Insurance Commissioner of the State of Delaware in an administrative appeal of the Commissioner’s rulings regarding the manner in which savings realized from workers’ compensation reforms are to be reflected in premium rates.
• Statoil Marketing and Trading (US) Inc. v. Western Refining Yorktown, Inc.: Representation of oil refiner in claims arising from damage alleged to have been caused to refinery by acidic oil. Case involves claims in excess of $100 million.
• Hardin and City of Wilmington v. Christina School District: Representation of the City of Wilmington and individual plaintiffs in an action that resulted in the issuance of an injunction preventing school district from closing its elementary schools in the City of Wilmington. The decision largely returned the City of Wilmington to a system of neighborhood schools for elementary and middle school students, after three decades of forced busing to schools far from their homes.
• Frontier Oil Corp. v. Holly Oil Corp: Representation of petroleum refiner in dispute regarding breach of a merger agreement. The case focused on interpretation of a material adverse change provision in the merger agreement and on the doctrine of repudiation under Delaware law.
• Christiana Care: Representation of local health care provider and subsidiary in various matters, including AAA arbitrations of disputes with health benefits providers, peer review proceedings, emergency guardianship and malpractice matters.
• Emerald Partners v. Berlin: Representation of plaintiff in trial of claims for breach of fiduciary duty arising from a merger, resulting in Delaware Supreme Court decisions further defining the fiduciary duties of directors under Delaware law.
• Liggett Group Inc. v. Affiliated FM Insurance Company, et al.: Representation of Reliance Insurance Company in coverage action brought by tobacco companies for coverage of tobacco health-related lawsuits.
• Chesapeake Corp. v. Shore: Representation of plaintiffs in trial of claims arising from corporate control contest, where defendants were found to have wrongfully adopted defensive measures in an effort to ward off corporate takeover.
• DeBakey Corp. v. Raytheon Service Co.: Successful defense of joint venture partner in claims exceeding $50 million arising from failed venture.
• VS&A Communications Partners L.P. v. Palmer Broadcasting Ltd. Pshp: Representation of seller in successful defense of action for specific performance of an asset purchase agreement for acquisition of broadcasting properties.

• Member, American Bar Association, Business Law and Litigation Sections
• Member, Delaware State Bar Association, Corporate Law and Litigation Sections
• Chair, Delaware Child Protection Accountability Commission
• Member, Delaware Child Death, Near Death, Still Birth Commission

• Chair, firm’s Pro Bono and Community Service Committee
• Represents children in proceedings in the Delaware courts through Delaware’s Office of Child Advocate