Fasciana v. Electronic Data Systems Corp.

OPINION

STRINE, Vice Chancellor.

In this decision, I resolve plaintiff John E. Fasciana’s request for indemnification of litigation expenses incurred bringing this action pursuant to § 145 of the Delaware General Corporation Law 1 to enforce his contractual right to obtain an advancement of litigation expenses from defendant Electronic Data Systems Corporation (“EDS”).

Fasciana served as outside counsel to EDS. In 2001, a federal grand jury returned an indictment against Fasciana, which in simple terms alleged that Fascia-na had conspired with certain EDS insiders in a conscious scheme to…