Scott M. Tucker

Scott M. Tucker is a partner in the Firm’s Wilmington office. Mr. Tucker is a member of the Firm’s Mergers & Acquisitions and Corporate Mismanagement and Shareholder Derivative Action practice areas. Since joining the Firm, Mr. Tucker has participated in the prosecution of many successful actions led by Chimicles Schwartz Kriner & Donaldson-Smith LLP.

Mr. Tucker is currently prosecuting the following cases:  

  • Marchand v. Barnhill C.A. No. 0586-NAC, a derivative action in the Delaware Court of Chancery against senior officers and directors of Blue Bell Creameries USA Inc., seeking to recover the significant economic damages sustained by the Company and its stockholders resulting from the Listeria contamination of the Company’s production facilities in 2015.
  • Piteira et al. v. Cody Kerns, et al. C.A. No. 0390-MTZ, a class action brought on behalf of limited partners of CDK Fund I, LP in the Delaware Court of Chancery, asserting that a purported hedge fund formed by Defendant Cody Kerns solicited limited partner investments and operated the fund based on false representations and secret self- dealing, resulting in massive losses to the limited partners and unjust personal gains to Cody Kerns and his co-conspirators. 
  •  Maggi v. International Travel Network, LLC, C.A. No. 1:24-cv-00009-CFC, a class action brought in the United States District Court for the District of Delaware asserting claims on behalf of purchasers of trip protection coverage from the International Travel Network dba ASAP Tickets who purchased trip coverage and were refused reimbursement for a covered cancellation. 
  • Dettmering et al v. VBit Technologies Corp. et al, C.A. No.1:22-cv-01482, a class action lawsuit filed in the United States District Court for the District of Delaware on behalf of investors who were misled into investing in a Bitcoin mining operation that turned out to be a Ponzi scheme. 
  •  Onusz v. West Realm Shires Inc., et al., No. 22-50513-JTD (Bankr. D. Del.), this FTX Adversary Class Action was brought on behalf of all FTX Customers that have been unable to withdraw, access or use their funds and digital assets held at FTX. The case stems from the actions (or inactions) of a closely-knit group of young executives who ran FTX, once the second largest “cryptocurrency” exchange in the world, and who failed to implement the necessary safeguards to protect customer assets. 
  •  In re HomeAdvisor, Inc. Litigation, Case No: 1:16-cv-01849-PAB-KLM (D. Colo.), representing home service professionals who allege unfair and fraudulent business practices by Defendants in violation of common law and various states’ consumer protection and unfair competition laws. 
  • In re FAST Acquisition Corp. S’holders Litig., C.A. No. 2022-0702-PAF (Del. Ch.) (action challenging the winding down of FAST (a special purpose acquisition company (“SPAC”)) and managements’ decision to retain for itself a termination fee received from a previously terminated business combination. The action settled for $12.5 million in cash)
  • In re Madison Square Garden Entertainment Corp. Stockholders Litigation, Consol. C.A. No. 2021-0468-LWW (Del. Ch.) (action challenging a related party transaction between MSG Networks Inc. and Madison Square Garden Entertainment Corp., which settled for$48.5 million in cash)
  • In re Sanchez Derivative Litigation, C.A. No. 9132-VCG (Del. Ch.) (action challenging a related party transaction between Sanchez Energy Inc. and Sanchez Resources, LLC a privately held company, which settled for roughly $30 million in cash and assets)
  • City of Roseville Employees’ Retirement System, et al. v. Ellison, et al., C.A. No. 6900-VCP (Del. Ch.) (action challenging the acquisition by Oracle Corporation of Pillar Data Systems, Inc., a company majority- owned and controlled by Larry Ellison, the Chief Executive Officer and controlling shareholder of Oracle, which led to a settlement valued at $440 million, one of the larger derivative settlements in the history of the Court of Chancery.
  • In re Genentech, Inc. Shareholder Litigation, C.A. No. 3911-VCS (Del. Ch.) (action challenging the attempt by Genentech’s controlling stockholder to take Genentech private which resulted in a $4 billion increase in the offer).
  • In re J.Crew Group, Inc., Shareholders Litigation C.A. No. 6043-CS (Del. Ch.) (action that challenged the fairness of a going private acquisition of J.Crew by TPG and members of J.Crew’s management which resulted in a settlement fund of $16 million and structural changes to the go-shop process, including an extension of the go-shop process, elimination of the buyer’s informational and matching rights and requirement that the transaction be approved by a majority of the unaffiliated shareholders).
  • In re Kinder Morgan, Inc. Shareholders Litigation, Consol. C.A. No. 06-C-801 (Kan.) (action challenging the management led buyout of Kinder Morgan Inc., which settled for $200 million).

Mr. Tucker is a Member of the Richard S. Rodney Inn of Court. While attending law school, Mr. Tucker was a member of the Securities Arbitration Clinic and received a Corporate Counsel Certificate from the Center for Law and Business Enterprise.