R. Eric Hacker

Overview

Eric Hacker is an experienced attorney who practices primarily within the firm's Business Litigation and Business Law Counseling groups.

Eric’s practice focuses on corporate and commercial litigation in the Delaware Court of Chancery and the Complex Commercial Litigation Docket of the Delaware Superior Court. He has significant first-chair and Delaware counsel experience with disputes involving corporate governance, fiduciary duties, and alternative entities. He also has significant experience with post-closing disputes, restrictive covenant litigation, and summary proceedings under the Delaware General Corporation Law. And Eric's peers have selected him numerous times as a top appellate attorney in Delaware Today's annual survey of Delaware lawyers

Outside of litigation, Eric regularly counsels clients regarding business structures and agreements, and he advises clients on best corporate practices. His goal is to help clients arrange and conduct their business relationships to avoid disputes.

Before joining Morris James, Eric held positions at a global law firm, state and federal agencies, and state and federal courts. Eric also studied at Bucerius Law School in Hamburg, Germany, and he has published articles on topics ranging from employment regulations to comparative civil procedure.

Along with his regular practice, Eric has an interest in complex real property and zoning litigation. Eric also participates in numerous pro bono and educational activities. Through Delaware Volunteer Legal Services and the Office of the Child Advocate, Eric has represented parents, guardians, and children in numerous Family Court proceedings through trial and successful appeals. Eric routinely publishes pieces regarding developments in Delaware corporate law. Eric also coached the award-winning Sussex Central High School Mock Trial team at the state and national levels. Eric regularly serves as an arbitrator and briefing judge for the annual Willem C. Vis International Commercial Arbitration Moot in Vienna, Austria.

Professional Affiliations

Delaware Board on Professional Responsibility, 2023 - present

Delaware Supreme Court Rules Committee, 2022 - present

Delaware Bar Association, 2015 – present

American Bar Association, 2015 – present

Business Law section
Litigation section

Texas Bar Association, 2009 - present

Delaware Community Legal Aid Society, Inc., Board of Directors, 2017 - present; Treasurer, 2018 - present.

Recent Representative Matters

2024

Obtained post-trial decision in favor of Delaware LLC as lead counsel in books and records litigation
Lead defense counsel in § 225 control dispute and related derivative litigation that led to favorable settlement awarding clients control of the disputed corporation
Defeated all claims in restrictive covenant litigation against former employee’s new employer

2023

As lead litigation and trial counsel, obtained multimillion dollar judgment in a fraud dispute on behalf of the purchaser of a biotechnology company
Defeated claims against corporate parent and sister in an earn-out dispute against wholly-owned subsidiary
Defeated a motion for temporary restraining order and ultimately obtained a favorable settlement in restrictive covenant litigation on behalf of advertising executive
Negotiated pre-litigation resolution of post-closing earn-out dispute involving the sale of an automotive products manufacturer
As Delaware counsel, brought and successfully settled derivative litigation against manager of a tech start-up LLC
Obtained dismissal of restrictive covenant litigation against former oil and gas employee

2022

Acted as first-chair trial counsel in an expedited Section 225 action that invalidated an improperly elected board of a biotech start-up
Argued and won an appeal in the Delaware Supreme Court reversing a Superior Court decision on a matter of statutory construction
Served as litigation and trial counsel for corporate trustee against claims related to an alleged breach of duties
Successfully defended against the appeal of the Superior Court verdict in favor of the client in breach of contract action
Navigated client to successful resolution on eve of trial of long-running breach of fiduciary duty dispute
Negotiated and obtained buyout of rogue LLC member on behalf of remaining members of start-up business

2021

Defeated summary judgment motions and prevailed at trial in multi-jurisdictional breach of contract action
Part of the team that litigated and successfully resolved expedited complex control dispute and breach of contract action in the Court of Chancery
Litigated and successfully resolved claims against clients for alleged breach of fiduciary duty in the connection management of interrelated series of Delaware LLCs
Served as primary litigation and trial counsel in the successful defeat of a former LLC member's attempt to be reinstated as a member