Kurt M. Heyman
Kurt M. Heyman, a founding partner of Proctor Heyman LLP, focuses his practice on corporate governance, partnership and limited liability company disputes in the Delaware Court of Chancery. Kurt clerked for the Court of Chancery in 1991-1992. His practice involves representing both public and private companies and their directors in stockholder class actions and derivative suits involving mergers and acquisitions and other transactions that implicate directors’ fiduciary duties. Recently, Kurt has been involved in litigation involving a number of private equity/going-private transactions, as well as cases involving allegations of stock option "back-dating" and "spring-loading." Kurt also represents special committees and audit committees of public companies in their negotiations of mergers and other transactions and investigations of alleged corporate wrongdoing.
Kurt also has significant experience in litigating claims of trade secret misappropriation, deceptive trade practices, unfair competition and consumer fraud, as counsel to both plaintiffs and defendants. In one such case, Kurt obtained a ruling from the Court of Chancery that struck down a portion of Delaware’s Consumer Fraud Act as being unconstitutional under the Commerce Clause of the United States Constitution.
Kurt was recognized as a leader in the field of Chancery litigation by Chambers USA: America’s Leading Lawyers for Business in 2005-2008:
“The driving force behind many notable cases,” Kurt Heyman rallies support from clients who thoroughly endorse his “smart, knowledgeable and enthusiastic approach.” “An engaging attorney who is familiar with the workings of the Chancery Court,” he is praised by clients for “his attention to detail” and “timely, smart and accurate responses.”
Kurt is also listed in Best Lawyers in America in the field of Corporate Law, and has been named as a "Delaware Super Lawyer" in the field of Business Litigation.
Kurt is a member of the Corporation Law Council of the Delaware State Bar Association, the body that recommends changes to the Delaware General Corporation Law.
- Education:
- University of Michigan (A.B., with high distinction, 1988), Phi Beta Kappa
- University of Chicago Law School (J.D., 1991)
- Career:
- Law Clerk to The Honorable Jack B. Jacobs, Delaware Court of Chancery, 1991-1992
- Morris, Nichols, Arsht & Tunnell, Associate, 1992-1995
- Wolf Block Schorr and Solis-Cohen, Associate, 1996
- The Bayard Firm, Associate, 1996-1998; Director, 1999-2005; Executive Committee, 2000-2005
- Memberships:
- Corporation Law Council, Delaware State Bar Association (past Secretary)
- Corporate Counseling and Litigation Subcommittee, Business Law Section, American Bar Association (Chair)
- Editorial Board, Delaware Law Review
- Richard S. Rodney Inn of Court
- Reported Cases:
- Langdon v. Google Inc., 474 F. Supp. 2d 622 (D. Del. 2007)
- In re Netsmart Techs., Inc. Shareholders Litig., 924 A.2d 171 (Del. Ch. 2007)
- In re Tyson Foods, Inc. Consol. Shareholder Litig., 919 A.2d 563 (Del. Ch. 2007)
- Beck v. Atlantic Coast PLC, 868 A.2d 840 (Del. Ch. 2005)
- Anglo Am. Sec. Fund, L.P. v. S.R. Global Intern. Fund, L.P., 829 A.2d 143 (Del. Ch. 2003)
- Grimes v. Alteon Inc., 804 A.2d 256 (Del. 2002)
- State of Delaware v. Preferred Florist Network, Inc., 791 A.2d 8 (Del. Ch. 2000)
- Publications:
- Co-Author, Protecting the Privilege in Litigation Involving Former D&Os: Keeping It in the Family , presented at the ABA Annual Meeting, August 11, 2008.
- Co-Author, Chapter on Corporate Law in Annual Review of Developments in Business and Corporate Litigation (American Bar Association 2008).
- Author, The Other Side of Enron: Delaware Court Decisions Expand Auditor Liability, Professional Liability Litigation @lert, Vol. 2, No. 1 (Winter 2004).
- Co-Author, Recent Developments in Corporate Law: Recent Supreme Court Reversals and the Role of Equity in Corporate Jurisprudence, 6 Del. L. Rev. 451 (2003).
- Author, The Fiduciary Duty of Good Faith: The Final Frontier, originally presented at the Annual Fall Meeting of the ABA Section of Business Law, Business and Corporation Litigation Committee, December 5, 2003, and appearing in several publications.
- Author, A Moot Point? Court of Chancery Rethinking Procedure for Approving Class and Derivative Action Settlements, Delaware Law Weekly (July 23, 2003).
- Co-Author, Cybergenics: A Corporate Solution to a Bankruptcy Problem, www.DelawareLawWeekly.com (Nov. 27, 2002).
- Co-Author, The Disappearing Distinction Between Derivative and Direct Actions, 4 Del. L. Rev. 155 (2001). This article has been cited with favor by the Delaware Court of Chancery.
- Author, Expedited Proceedings in the Delaware Court of Chancery II: An Update, appeared as a two-part series in the November 30 and December 7, 1999 issues of The Delaware Law Weekly.
- Author, Expedited Proceedings in the Delaware Court of Chancery: Things of the Past? 23 Del. J. Corp. L. 145 (1998).
