Biography
Timothy Dudderar is a partner at Potter Anderson. His practice focuses on advocacy for primarily out-of-state clients in Delaware courts, particularly the Court of Chancery. His clients are frequently from major national or international law firms and call on Tim for his experience and strategic guidance in navigating the unique, high-stakes proceedings of the state’s courts. These firms often having highly sophisticated clients contending with complex disputes concerning corporate board proceedings, or management of (or investment in) alternative entities such as LLCs or partnerships.
Given the unfamiliarity of even experienced counsel with the unique procedures of Delaware courts, Tim devotes a great deal of his work to providing both counsel and their clients with insight into the litigation process, including document requests, depositions and other forms of discovery. He emphasizes pursuing options whenever possible that make the process of litigation more efficient, less costly and less problematic.
It is not uncommon for a client’s business to still be operating in the midst of a lawsuit. In these instances, Tim also provides guidance to the client on whether and how their day-to-day business operations could affect litigation. As a case proceeds, he helps clients manage litigation through the expert phase and, if necessary, a trial. Although Tim has extensive trial experience with many successful post-trial outcomes, clients find it reassuring to know that he can create and use leverage during the course of a dispute to resolve it by settlement or mediation if possible.
As a practitioner, Tim takes special care to ensure that the client’s interests and priorities are always put first. As he sees it, the practice of law is, and should be, a profession of service. He puts a great deal of value on the trust his clients have placed in him as their attorney. What he and Potter Anderson get out of a case is not, to him, a relevant or important factor. Instead, what is supremely important is meeting his clients’ needs, and helping them achieve their goals. This unique servant-leadership perspective allows him to, for instance, change course when a matter warrants it, to be flexible in his approach when it serves a client’s interests, and to assess a course of action purely on what will help each client achieve their goals.
It also empowers him to give candid and accurate advice, particularly in situations in which the client may not welcome it. There is a significant amount of distrust in the legal profession. Tim sees his role as reversing this by earning a role as a trusted advisor, and in doing so, helping his clients avoid or recover from bad decisions, bad advice or bad outcomes. The best way to win a client’s trust, Tim believes, is by earning it, and to him, that means basing every decision and action on whether it helps the client reach their goals.
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Practice Areas
Experience
Representative Matters
- Represented major regional nonprofit organization in two expedited Chancery Court matters involving disputes over property interest
- Represented a former pharmaceutical executive in a case alleging breach of contractual obligations related to indemnification/advancement rights and stock awards
- Represented real estate investment trust in multiple commercial litigation matters against various tenants who have refused to pay rent due to the COVID-19 pandemic
- Represented large investment bank in connection with claims of aiding and abetting breach of fiduciary duty arising out of a challenged merger
- Represented private equity firm in an action alleging breach of stock purchase agreement
- Represented oil and gas exploration company in connection with a demand for advancement of legal fees and a books and records demand
- Represented committee of directors of large investment bank in connection with an internal investigation responding to stockholder demand to investigate potential breaches of fiduciary duty
- Represented former employees of a large scientific instrument manufacturer in connection with claims of breach of fiduciary duty and trade secret misappropriation
- Represented directors of a closely-held commercial real estate company in connection with claims of breach of fiduciary duty
- Represented directors and officers of a mid-sized technology company in connection with a dispute over the proper composition of the board of directors and executive management
- Represented real estate investment trust in dispute with stockholders regarding stock split
- Represented former manager of real estate fund in dispute regarding breach of limited liability company agreement
- Represented limited liability company in connection with dispute regarding agreements governing the submission of patents to patent pool
- Represented directors and officers of technology company in connection with claims of breach of fiduciary duty arising out of allegations of stock options backdating
- Represented member of limited liability company in connection with demand for LLC’s books and records
- Represented limited partners of family-owned limited partnership in dispute over amendments to limited partnership agreement
- Represented former managers and employees of limited liability company in connection with claims of breach of fiduciary duty arising out of failed manufacturing joint venture
- Represented large international bank in connection with claims of breach of fiduciary duty arising out of employee investment limited partnership
- Represented founder and director of private energy company in connection with allegations of breach of fiduciary duty and demand for corporate books and records
- Represented mid-sized manufacturing company in connection with stock appraisal action
Professional Activities & Recognition
Honors & Recognitions
Listed in The Best Lawyers in America® for Commercial Litigation and Corporate Law, 2019 - present
Professional
Delaware State Bar Association
New York State Bar Association
American Bar Association
Guardian ad litem, Office of the Child Advocate
Education
Villanova University School of Law, J.D., with honors, 1999, Villanova Environmental Law Review
University of Delaware, B.A., 1996
Bar & Court Admissions
Bar Admissions
- Delaware, 2000
New York, 2004