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Jessica A. Hartwell
Senior Counsel
Litigation
Wilmington, DE
jhartwell@wsgr.com

D302-304-7611

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Jessica Hartwell is senior counsel in the Delaware office of Wilson Sonsini Goodrich & Rosati. Her practice focuses on the representation of corporations and their directors and officers in derivative litigation, shareholder class action litigation, and mergers and acquisitions litigation. She also advises companies and special board or management committees in connection with shareholder litigation demands.

Jessica also represents at-risk children as a guardian ad litem for the Delaware Office of the Child Advocate.

Prior to joining the firm, she practiced for several years in the corporate litigation group at Potter Anderson & Corroon in Wilmington, Delaware.

Experience

Jessica Hartwell is senior counsel in the Delaware office of Wilson Sonsini Goodrich & Rosati. Her practice focuses on the representation of corporations and their directors and officers in derivative litigation, shareholder class action litigation, and mergers and acquisitions litigation. She also advises companies and special board or management committees in connection with shareholder litigation demands.

Jessica also represents at-risk children as a guardian ad litem for the Delaware Office of the Child Advocate.

Prior to joining the firm, she practiced for several years in the corporate litigation group at Potter Anderson & Corroon in Wilmington, Delaware.

Education
  • J.D., University of Virginia School of Law, 2011Editor and Managing Board Member, Virginia Journal of International Law
  • B.A., Pennsylvania State University, 2006
Associations and Memberships
  • Associate Member, Delaware Board of Bar Examiners

  • Board Member, Delaware Children’s Museum

  • Member, Delaware State Bar Association

  • Member, American Bar Association

Admissions
  • State Bar of Delaware
  • U.S. District Court for the District of Delaware
Credentials
Education
  • J.D., University of Virginia School of Law, 2011Editor and Managing Board Member, Virginia Journal of International Law
  • B.A., Pennsylvania State University, 2006
Associations and Memberships
  • Associate Member, Delaware Board of Bar Examiners

  • Board Member, Delaware Children’s Museum

  • Member, Delaware State Bar Association

  • Member, American Bar Association

Admissions
  • State Bar of Delaware
  • U.S. District Court for the District of Delaware
Focus Areas
  • Corporate Governance
  • Corporate Governance Litigation
  • Litigation
  • Securities Litigation
Recent Insights
Client Highlights
Delaware Court of Chancery Orders Specific Performance in Favor of Wilson Sonsini’s Client After Declining to Find Material Adverse Effect
On July 9, 2021, the Delaware Court of Chancery issued a post-trial opinion in Bardy Diagnostics, Inc. v. Hillrom, Inc., C.A. No. 2021-0175-JRS, ordering specific performance in favor of Wilson Sonsini Goodrich & Rosati’s client, Bardy Diagnostics, Inc. (BardyDx), the seller under a merger agreement with Hill-Rom, Inc. (Hillrom). The Wilson Sonsini team included partners David Berger, Steven Guggenheim, and Brad Sorrels; Of Counsel Andrew Cordo; senior counsel Jessica Hartwell; and associates Lindsay Faccenda, Ben Potts, Nora Crawford, Jeremy Gagas, and Leah León.
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Alerts
Chancellor McCormick Provides Helpful Guidance on Pre-Suit Litigation Demands Under Delaware Law
Last month, Delaware's new Chancellor Kathaleen S. McCormick issued a decision largely dismissing challenges to board action after finding that the plaintiff's emails to the board constituted pre-suit litigation demands, and thus the plaintiff was precluded from arguing that the director defendants were interested or lacked independence for purposes of considering a demand.1 As a result, the Delaware Court of Chancery concluded the plaintiff's only option to pursue litigation was to allege that its demands had been wrongfully refused, which it had not done. The decision provided an opportunity for the court to weigh in on technical issues related to pre-suit demand under Court of Chancery Rule 23.1 that have not been discussed at length by the court in some time.
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