Ellen Cirangle obtained a victory for our client at the Delaware Supreme Court. After having secured our client’s right to advancement of fees incurred in defending an action brought against her in her capacity as former employee and partner of a venture capital fund, the fund invoked an arbitration clause in its operating agreement. The Delaware Supreme Court, sitting en banc, unanimously upheld the trial court’s ruling that any right to arbitration had been waived. This successfully ended our client’s almost two-year battle to secure her right to advancement through the Delaware courts.
A video of the July 10, 2024 oral argument can be viewed here:
https://courts.delaware.gov/supreme/oralarguments/
The Court’s opinion can be found at:
CSC Upshot Ventures I, L.P. v. Gandhi-Kapoor, 2024 WL 3575652 (Del. July 30, 2024)
Law360 coverage of the opinion can be found at:
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