Jessica Kunz advises on transactional matters involving corporations and alternative entities, issues of corporate governance and control, fiduciary obligations of directors and officers, and federal securities laws. She also regularly counsels clients engaged in intellectual property-related litigation in Delaware courts.

Bio

Ms. Kunz serves as a member of the board of editors of Folk on the Delaware General Corporation Law and previously was an author of the Bloomberg BNA treatise Attorney-Client Privilege and Work-Product Doctrine: Corporate Application.

Her notable representations include:

  • members of the board of directors of Ebix, Inc. in the successful defense of breach of fiduciary duty litigation in the Delaware Court of Chancery related to board-approved advance notice bylaws, director and executive compensation, and Ebix’s change in control agreement with its CEO, securing a post-trial dismissal on all counts
  • TravelCenters of America LLC (TA) in securing a trial victory in the Delaware Court of Chancery against Comdata, Inc. regarding the fees charged by Comdata to TA for processing Comdata fuel card payments at TA’s locations
  • EPCO Carbon Dioxide Products, Inc. stockholders and former officers in securing a trial victory in Delaware federal court against fraud and breach of contract claims related to representations and warranties in a stock purchase agreement
  • CommonWealth REIT in the successful enforcement of a board-adopted arbitration bylaw in the context of an activist hedge fund’s efforts to take control of the trust
  • Sprint Corporation in securing a post-trial victory of fiduciary duty and appraisal litigation arising from its acquisition of Clearwire Corporation
  • MacAndrews & Forbes in securing summary judgment against former stockholders’ post-closing claims for money damages and subsequent affirmance on appeal in Kahn v. M&F Worldwide Corp., in which the Delaware Supreme Court established a new standard of review for controlling stockholder going-private mergers
  • JPMorgan Chase & Co. in securing summary judgment against Pi-Net International, Inc., which accused JPMorgan of infringing three patents related to a system and method for performing online transactions, as well as in securing the subsequent dismissal of Pi-Net’s appeal to the Federal Circuit and denial of Pi-Net’s certiorari petition to the U.S. Supreme Court

Credentials

Education

  • J.D., Villanova University School of Law, 2011 (magna cum laude; Order of the Coif; Associate Editor, Villanova Law Review)
  • B.S. in Neuroscience, Washington & Lee University, 2007 (magna cum laude)

Admissions

  • Delaware
  • U.S. District Court for the District of Delaware
  • U.S. Court of Appeals for the Federal District

Jessica R. Kunz