Michael B. Gonen
Associate
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Phone: +1 302 657 4920
- Duane Morris LLP
1201 North Market St, Suite 501
Wilmington, DE 19801
USA
Michael B. Gonen is a litigator whose practice focuses primarily on corporate and commercial litigation in Delaware’s Court of Chancery. He has extensive experience litigating issues of corporate governance and fiduciary duty, as well as other complex contract and tort matters.
Mr. Gonen also maintains an extensive pro bono practice in the areas of family, immigration and criminal law at both the trial and appellate level in both Pennsylvania and Delaware. Prior to entering private practice, Mr. Gonen served as judicial clerk to the Hon. Karen Valihura of the Delaware Supreme Court; the Hon. Paul Wallace of the Delaware Superior Court; and the Hon. Jeffrey Trauger of the Bucks County Court of Common Pleas.
Mr. Gonen is a 2018 graduate of the University of Pennsylvania Carey Law School and a 2007 graduate of the George Washington University with majors in Mathematics, History, and Political Science. Before attending law school, Michael served as an intelligence analyst with the Department of Homeland Security, and brings to investigatory and discovery matters the skills honed in law enforcement intelligence. Mr. Gonen is also a veteran of the United States Marine Corp with service in both Iraq and Afghanistan.
Admissions
- Delaware
- U.S. District Court for the District of Delaware
- Pennsylvania
Education
- University of Pennsylvania Carey Law School, J.D., 2018
- The George Washington University, B.A., 2007
Experience
- Duane Morris LLP
- Associate, 2021-present - Delaware Supreme Court
- Judicial Clerk to the Hon. Karen Valihura, 2020-2021 - Delaware Superior Court
- Judicial Clerk to the Hon. Paul Wallace, 2019-2020 - Bucks County Court of Common Pleas
- Judicial Clerk to the Hon. Jeffrey Trauger, 2018-2019
Selected Publications
- Author, "Chancery Holds Covenants Not to Sue for Breach of Fiduciary Duty Are Enforceable Only in Part," Delaware Business Court Insider, June 21, 2023
- Co-author, "When Can Stockholder Agreements Provide Enforceable Anti-Suit Covenants for Breach of Fiduciary Duty?" Duane Morris Alert, May 25, 2023
- Author, "Wither Pompeia: 'Diep v. Trimaran Pollo Partners'," Delaware Business Court Insider, August 10, 2022
- Author, "Delaware Supreme Court Upholds Challenge to State Income Tax Policy," Delaware Business Court Insider, January 12, 2022
Representative Matters
Represented an ecommerce company in prosecuting a breach of contract claim against one of its former customers, which arose out of the customer’s failure to pay $8 million in fees for ecommerce fulfillment and shipping services. Granting summary judgment, the JAMS arbitrator found that the team met its burden to establish that the undisputed factual record and plain and unambiguous terms of the various agreements required the customer to pay all undisputed invoices on time and did not provide for a right of set-off. The arbitrator also dismissed the customer’s counterclaims in awarding damages of just under $11 million.
Represented the Stockholders' Representatives of a pharmaceutical company in connection with the receipt and distribution to the former shareholders of a $150 million "milestone" payment from another pharmaceutical company. The milestone payment arose out of the March, 2016 approval by the U.S. FDA of a biological drug that treats a severe form of asthma.
Represented leading food services provider in connection with federal trade secret and non-compete litigation.
Representing publicly traded biotherapeutics company in arbitration against contract manufacturer in connection with the development of a vaccine candidate for the treatment of a common poison.
Won motion to dismiss for one of the largest US national banks in Delaware state court in a dispute brought by a depositor seeking to hold the bank liable for withdrawals improperly made by the depositor’s agent.