C. Malcolm Cochran, IV

For more than 25 years, Mr. Cochran has focused his practice on the trial of complex commercial, business and other civil disputes in Delaware’s state and federal courts. His clients have included Fortune 500 companies, directors and board committees, local Delaware businesses, government officials, the City of Wilmington, Delaware’s largest hospital system and many others. Mr. Cochran also represents clients in complex arbitration proceedings under the auspices of the American Arbitration Association and appears in administrative proceedings before various state-level boards and commissions. He has argued appeals before the Delaware Supreme Court and the Third Circuit Court of Appeals.

Active in the American Bar Association’s Section of Litigation, Mr. Cochran co-chairs the Delaware Corporate Subcommittee of the section’s Commercial and Business Litigation Committee. He also chairs the Delaware Child Protection Accountability Commission and represents children pro bono through Delaware’s Office of Child Advocate.

Mr. Cochran's recent publications can be found on the ABA's Commercial and Business Litigation website, and include "Court of Chancery Issues New Guidelines for the Preservation of Electronically Stored Information"; “The Delaware Corner: A New Forum for Complex Commercial Disputes”; and “The Delaware Corner: Poison Pills and a New Judge,” co-authored with Jason J. Rawnsley. Mr. Cochran also recently published an article on "Delaware Superior Court’s Complex Commercial Litigation Division," co-authored with Jason J. Rawnsley in BNA's U.S. Law News.

Representative Experience

• 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. Case involved claims in excess of $500 million.
• Statoil Marketing and Trading (US) Inc. v. Western Refining Yorktown, Inc.: Representation of oil refiner in claims arising from alleged breach of oil supply contract due to event of force majeure. Case involved claims in excess of $100 million.
• Frontier Oil Corp. v. Holly Oil Corp: Representation of petroleum refiner in dispute regarding alleged 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.
• DeBakey Corp. v. Raytheon Service Co.: Defense of joint venture partner in claims exceeding $50 million arising from failed venture for the development and sale of telemedicine systems.
• Evonik Stockhausen, Inc. v. Tyco Healthcare Group: Delaware counsel for plaintiff in claims exceeding $20 million arising from alleged breach of a commercial supply agreement.
• 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.
• 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.
• VS&A Communications Partners L.P. v. Palmer Broadcasting Ltd. Pshp: Representation of seller in defense of action for specific performance of an asset purchase agreement for acquisition of broadcasting properties.
• Special Board Committees: Representation of a special litigation committee formed to investigate stock option vesting and related claims arising from the failed merger of two multinational telecommunications companies, and representation of special committees formed to investigate claims of misconduct by officers and directors of other corporations.
• Hale v. City of Wilmington: Representation of the City of Wilmington and its police officers in a highly publicized civil rights case involving complex constitutional claims arising from the death of an individual as he was being taken into police custody.
• Delaware Compensation Rating Bureau v. Insurance Commissioner of the State of Delaware: Representation of the Insurance Commissioner of Delaware in litigation arising from the Commissioner’s implementation of Delaware’s workers’ compensation reform statutes, forcing a statewide reduction in premium rates for Delaware businesses.
• Harden 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.
• Christiana Care: Representation of Delaware’s largest hospital system and subsidiaries in various matters, including AAA arbitrations of disputes with health benefits providers, peer review proceedings, emergency guardianship and malpractice matters.
• 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.

Professional and Community Activities

• Co-Chair, Delaware Corporate Subcommittee of the American Bar Association Commercial and Business Litigation Committee
• Member, American Bar Association, Litigation and Business Law Sections
• Member, Delaware State Bar Association, Corporate Law and Litigation Sections
• Member, Delaware State Bar Association Nominating Committee
• Chair, Delaware Child Protection Accountability Commission
• Member, Delaware Child Death, Near Death, Still Birth Commission
• Member, Governor's Steering Committee on the Protection of Children

Professional Recognition

• J. Thompson Brown Award, 2010

Pro Bono Activities

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