Overview
Travis Hunter is “highly focused, smart, and savvy counsel” (Chambers USA).
Travis is an accomplished trial attorney who has successfully handled significant cases in all of Delaware’s state and federal courts. He has particular expertise in handling large commercial disputes in the Delaware Superior Court’s Complex Commercial Litigation Division (CCLD), serving as trial counsel in some of the largest cases ever filed in that division.
Highly regarded by clients and peers alike, Travis “is a brilliant attorney who has an ability to see right to the core of issues, and he provides intelligent insight on how best to keep the case focused” (Chambers USA). He routinely litigates complex disputes involving
- intellectual property and trade secrets,
- cryptocurrency, including Bitcoin and Ethereum,
- business contracts,
- mergers and acquisitions,
- insurance coverage, and
- products liability.
Travis has also acted as trial counsel in large arbitrations filed with the American Arbitration Association.
Travis serves on the Delaware Superior Court’s Rules Committee and the CCLD Rules Committee, and is active in the American Bar Association’s Section of Commercial and Business Litigation. He has also completed the Federal Trial Practice Seminar sponsored by the U.S. District Court for the District of Delaware.
PRACTICES
Commercial Litigation
Fiduciary Litigation
Intellectual Property
Alternative Dispute Resolution
Clerkships
- The Honorable Richard R. Cooch, Delaware Superior Court, 2009-2010
Select Experience
Delaware Superior Court CCLD Representations
- Incyte v. Flexus Biosciences, C.A. No. N15C-09-055 MMJ CCLD: Member of successful defense team on one of the largest trade-secrets jury trials in the Delaware Superior Court’s Complex Commercial Litigation Division
- Viking Pump Inc. v. Century Indemnity Co., N10C-060141 PRW CCLD: Member of successful trial team in one of the largest insurance coverage cases taken to a jury trial in the Delaware Superior Court’s Complex Commercial Litigation Division
- JCM Innovation Corp., et al. v. FL Acquisition Holdings, Inc., et al., N15C-10-255 EMD CCLD: Trial counsel for defendants in dispute over business acquisition
- Flowshare, LLC v. Georesults, Inc., C.A. No. N17C-07-227 EMD CCLD: Trial counsel for defendants in dispute over business acquisition
- Novipax Holdings LLC v. Sealed Air Corp., N17C-03-1682 EMD CCLD: Counsel for plaintiff in large business dispute involving claims of fraud
- Ladenburg Thalmann Financial Services Inc. v. Ameriprise Financial, Inc., N16C-05-086 WCC CCLD: Co-lead counsel in indemnification dispute
- Alcoa World Alumina LLC v. Glenore Ltd., N15C-08-032, N15C-08-032 EMD CCLD: Counsel in business indemnification dispute
- Larry Fabian v. BGC Holdings, L.P., N14C-03-037 MMJ CCLD: Lead counsel in business contract dispute
Delaware Court of Chancery Representations
- Haart v. Scaglia, 2022-0145-MTZ: Successful trial counsel in corporate control dispute concerning ownership of various modeling businesses that was recognized by The American Lawyer‘s “Litigators’ of the Week”
- Blockfusion USA, LLC v. Property Holdings Portfolio, LLC, 2021-0037-SG: Lead counsel in control dispute over cryptocurrency and Bitcoin mining facility in New York
- Perryman v. Stimwave, 2020-0079-SG: Lead trial counsel in successful defense of an advancement claim brought by director.
- inTEAM Associates, LLC v. Heartland Payment Systems, Inc., 11523-VCMR: Trial counsel in business acquisition and noncompete case involving technology development
- Strata Decision Technology, L.L.C. and Roper Technologies, Inc. v. Scott Kerber and Allscripts Healthcare Solutions, Inc., 12378-VCL: Counsel in dispute over noncompete provisions
- K&G Concord LLC vs. Charcap, LLC, 12563-VCMR: Trial counsel in dispute over real property
- Cummings v. Ronald E. Lewis Estate, 6948-VCP: Counsel in probate dispute
Delaware District Court Representations
- Crystallex International Corporation v. Bolivarian Republic of Venezuela, C.A. No. 17-151-LPS: Counsel for plaintiff in one of the largest judgments cases filed in Delaware
- Hurwitz v. Mullins et al., C.A. No. 15-711-MAK: Counsel in dispute involving federal securities law claims
- HSM Portfolio LLC et al v. Elpida Memory Inc. et al, C.A. No. 11-770-RGA: Counsel for defendant in patent infringement dispute
- Cellectis S.A. v. Precision Biosciences Inc., 11-173-SLR: Counsel for plaintiff in patent infringement dispute
- Pennsylvania State University, Dickinson School of Law, J.D., summa cum laude, 2009
Woolsack Honor Society - Davidson College, B.A., History and Classics, 2006
Education
Publications
Is the Force Majeure With You?
ABA | July 6, 2020
Life in the Fast Lane: How Delaware’s Rapid Arbitration Act Can Resolve Licensing Disputes
ABA | March 26, 2020
Intellectual property licenses do not come in one shape and size. Rather, they are often customized based on deliberate decisions of the contracting parties. For example, a patentee may grant a nonexclusive license to commercialize but may restrict the rights granted in another license to research and development activities. Although sublicensing may be permissible, any sublicensee…
Death by a Thousand Cuts-Using Pretrial Motions to Gain Trial Advantage in Trade Secrets Litigation
ABA | September 10, 2019
In the English language, the phrase “death by a thousand cuts” is an idiom that refers to a series of bad events, none of which is devastating on its own but, when added together, result in disaster. In many large trials, this idiom is an appropriate metaphor for the use of pretrial motions. This is particularly…
Better Safe Than Sorry: Experts Should Apportion Damages in Trade Secret Cases
ABA | November 30, 2018
Trade secret claims commonly involve large-scale litigation with millions of dollars at stake. Heightened competition and increased employee mobility in certain industries have resulted in an explosion of trade secret litigation in recent years. See Bradford K. Newman, “Protecting Trade Secrets,” 17 Bus. L. Today, Nov./Dec. 2007. It is expected that trade secret cases will…
Is It Privileged? A Young Lawyer’s Guide to Preparing a Privilege Log in Commercial Litigation
ABA | June 29, 2018
Preparing privilege logs can be one of the most time consuming and difficult tasks in commercial litigation. It is also commonly assigned to the more junior attorneys on the team. As recognized by the Delaware Court of Chancery, “[t]here is no reward for doing a good privilege log. It’s painful. It results in these huge documents.…
ABA | May 31, 2018
It is a familiar adage that privilege cannot be used as both a “sword and shield” in litigation. Normally, the attorney-client privilege protects the communications between a client and an attorney acting in a professional capacity. A party can waive the attorney-client privilege, however, when that party places an otherwise privileged communication “at issue” in the…
ABA | April 25, 2018
Liquidated damages provisions are common in many commercial contracts. Such provisions allow parties to determine in advance the measure of damages of a party that breaches the agreement. Not all such provisions are enforceable, however. Under Delaware law, determining whether a stipulated sum is a proper liquidated damages provision requires a two-part test. S.H. Deliveries, Inc.…
ABA | March 29, 2018
Numerous jurisdictions recognize that contracts contain an implied covenant of good faith and fair dealing (the implied covenant). Courts have described the implied covenant as “a judicial convention designed to protect the spirit of an agreement when, without violating an express term of the agreement, one side uses oppressive or underhanded tactics to deny the other…
ABA | February 15, 2018
Merger agreements often contain provisions reciting that the representations in the agreement are the sole representations relied on in entering the contract. Such clauses are known as anti-reliance clauses and, if properly drafted, can limit fraud claims. Merger agreements also typically contain “fraud carve-outs.” According to the ABA Private Target Mergers and Acquisitions Deal Points Studies,…
Nonpracticing Entities: Come to Delaware
The Federal Lawyer | Oct/Nov 2013
While the District of Delaware historically has been a preferred venue for patent litigation, it now faces a new wave brought by a relatively new type of plaintiff.
- “Ambiguity in the Air: Why Judicial Interpretation of Insurance Policy Terms Should Force Insurance Companies to Pay for Global Warming Litigation,” Penn State Law Review, 2008
Leadership
- Delaware Superior Court
- Rules Committee
- Complex Commercial Litigation Division Rules Committee
- Complex Commercial Litigation Division Advisory Committee
- Rodney Inn of Court, Treasurer
- ABA Commercial & Business Litigation, Newsletter Editor
Pro Bono Activities
- Child Attorney, Delaware’s Office of the Child Advocate
Recognition
- Chambers USA, 2022, 2021, 2020
- Law360 Rising Star – Trials, 2019
- Benchmark Litigation, 2021
- American Bar Foundation, Fellow
Bar Admissions
- Delaware, 2009
- United States District Court, District of Delaware, 2011
- United States Court of Appeals, Third Circuit, 2013