Anne C. Foster

Overview

Anne Foster is general counsel of the firm.

Anne has over 35 years of experience litigating complex corporate and commercial disputes in the Delaware courts.  She represents corporations, members of boards of directors, and substantial stockholders in litigation concerning mergers and acquisitions, corporate governance, and fiduciary duties.  Anne also represents clients in special committee matters, including investigations regarding stockholder demands and compliance issues.

In addition, Anne’s practice includes advising clients regarding indemnification and advancement issues and other matters relating to the General Corporation Law of the State of Delaware.

Anne is a member of the committee established by the Delaware Supreme Court to study transparency in third party litigation funding in the Delaware state courts. Anne is also a former chair of the Delaware Supreme Court Rules Committee. She is a member of the American Law Institute, and has served as a panelist and board member of the Weinberg Center on Corporate Governance at the University of Delaware. A frequent speaker on issues relating to corporate litigation and ethics, Anne has co-taught classes at Columbia Law School, New York University School of Law and the University of Pennsylvania Law School.

PRACTICES

Commercial Litigation
Corporate & Chancery Litigation
Corporate Transactions
Corporate Governance
Mergers & Acquisitions
Special Committees & Investigations

Select Experience

• In re TIBCO Software Inc. Stockholders Litigation, 2015 WL 6155894 (Del. Ch. 2015): Representing Vista defendants in class action litigation
• In re Orbitz Worldwide, Inc. Consolidated Stockholder Litigation, C.A. No. 10711-VCMR (Del. Ch. 2015): Representing Orbitz defendants in litigation challenging Expedia acquisition
• Teamsters Union 25 Health Services & Insurance Plan v. Baiera, 119 A.3d 44 (Del. Ch. 2015): Represented Orbitz defendants in challenge to services agreement
• Ausikaitis v. Kiani, C.A.No. 12-cv-1175-SLR (D. Del. 2015): Represented Masimo Corporation in derivative action challenging stock option grants
• Hermelin v. K-V Pharmaceutical Co., 54 A.3d 1093 (Del. Ch. 2012): Represented company in advancement and indemnification proceeding
• eBay Domestic Holdings, Inc. v. Newmark, 16 A.3d 1 (Del. Ch. 2010): Represented directors of Craigslist in Court of Chancery trial in dispute with eBay
• Sodano v. American Stock Exchange LLC, 2008 WL 2738583 (Del. Ch. Jul. 15, 2008), aff’d, American Stock Exchange LLC v. Financial Industry Regulatory Authority, Inc., 970 A.2d 256 (Del. 2008): Represented FINRA in advancement and indemnification litigation in Court of Chancery and Delaware Supreme Court concerning dispute with Amex and former Amex chairman
• In re TD Banknorth S’holders Litig., 2008 WL 2897102 (Del. Ch. Jul. 29, 2008): Represented Toronto-Dominion Bank defendants in class action litigation concerning acquisition of TD Banknorth
• Zimmerman v. Braddock, 2005 WL 2622698 (Del. Ch. Oct. 6, 2005): Represented outside directors of Priceline in stockholder derivative action
• In re Walt Disney Co. Deriv. Litig., 2005 WL 2056651 (Del. Ch. Aug. 9, 2005), aff’d, 906 A.2d 27 (Del. 2005): Represented directors of The Walt Disney Company in a successful trial in the Court of Chancery and appeal in the Delaware Supreme Court

Education

• Marshall-Wythe School of Law, College of William & Mary, J.D., 1986
• College of William & Mary, B.A., Government and Economics, 1983

Leadership

• Delaware Supreme Court Rules Committee, Past Chair
• Weinberg Center for Corporate Governance at the University of Delaware, Advisory Board
• American Law Institute
• Episcopal Diocese of Delaware, Former Chancellor
• Court on the Judiciary of the State of Delaware, Preliminary Investigatory Committee, Past Member
• Delaware State Bar Insurance Services, Inc., Director
• Board on Professional Responsibility of the Delaware Supreme Court
  • Past Chair
  • Preliminary Review Committee, Past Member
• American Bar Association, Business Law Section, Business and Corporation Litigation Committee, Subcommittee on Corporate Counseling and Litigation, Past Chair
• Rodney Inn of Court
• National High School Mock Trial Competition, Case Co-Author

Recognition

• Chambers USA
• The Best Lawyers in America
• Lawdragon 500 Leading Litigators in America
• Super Lawyers

Bar Admissions

• Delaware, 1986