Upadhya

Beyond serving our clients directly, I take pride in Grant & Eisenhofer’s role in helping shape the evolution of Delaware corporate law. I view our practice as helping to safeguard a more egalitarian system that protects public and minority stockholders’ interests, and guards against potential abuse and self-dealing by corporate controllers and insiders.

Overview

Vivek Upadhya litigates corporate governance matters, including those involving fiduciary misconduct, self-dealing or abuse, and other corporate actions that harm or shortchange stockholders.

Vivek has played a role in several prominent Delaware Court of Chancery cases seeking to advance shareholder rights and contribute to the development of the modern fiduciary duty doctrine – including Tesla SolarCity against Tesla’s board of directors, alleging that Elon Musk abused his influence by causing Tesla to acquire a company in which he held a substantial personal stake, and the MSG Networks litigation (representing investors challenging the fairness of the companies’ merger).

Earlier in his practice, Vivek also gained experience insecurities, appraisal, whistleblower/qui tam and complex pharmaceutical and medical device litigation. Attending college in the Netherlands, he was born and raised in India.

Experience

  • In re JPMorgan Chase & Co Securities Litigation (S.D.N.Y.), which resulted in a $150 million settlement.
  • Delaware Chancery Appraisal cases In re Appraisal of Jarden Corporation and In re Appraisal of Solera Holdings, Inc.
  • In re Tesla Motors, Inc. Stockholder Litigation, challenging Tesla’s acquisition of SolarCity and which resulted in a $60 million partial settlement.
  • In re MSG Networks Inc. Stockholder Class Action Litigation, challenging MSGN’s acquisition by MSGE and which resulted in a $48.5 million settlement.
  • In re Rocket Companies, Inc. Stockholder Derivative Litigation, challenging certain stock sales by Rocket’s controlling stockholder and marking the first time a Brophy claim was litigated through trial.

Outside the Office

I’m passionate about working with rescue animals, and am typically looking after foster animals in addition to my own. I also try to volunteer when I can. I also enjoy motorcycles and cars, and have been fortunate to enjoy motorcycle road trips through Maine, Kentucky, Virginia, and Spain.

Credentials

Education

  • Emory University School of Law (JD, 2014)
    • Emory Law Journal,  Managing Editor
  • University of Utrecht (BA, 2011)

Admissions

  • Delaware
  • New York
  • US District Court for the Southern District of New York