Delaware Litigation Attorneys
Delaware Litigation Lawyers Representative Clients Attorneys

Representative Clients

Chapter 11 Debtors

Co-counsel to the Plan Administrator in HHD LD, Inc.
Co-counsel, In re MFM Industries, Inc.
Special conflicts co-counsel, In re Capmark Financial Group Inc.
Co-counsel, In re PTC Alliance Corp.
Co-counsel, In re Arclin US Holdings, Inc.
Co-counsel, In re Jancor Companies, Inc.
Co-counsel, In re A.B. Dick, et al.
Co-counsel, In re SGP Acquisition, LLC
Co-counsel, In re Mooney Aerospace
Co-counsel, In re Lexington Healthcare Group, Inc.
Co-counsel, In re Ponderosa Fibres of America
Co-counsel, In re Pegasus Acquisition
In re SLS International, Inc.
In re Delaney House, LLC
In re APW Enclosures Systems, Inc.
In re Sempre Restaurant Associates, Inc.
In re Smooth Grove, Inc.
In re PDQ Offset, Inc.
In re International Cutlery Ltd.
In re Club Etre, LLC
In re AM Korea Inc.
In re Red Dot Scenic, Inc.
In re Best and Young Corporation
In re Phoenix Sound, Inc.
In re Stanley Alan Bell Associates, Inc.
In re 110 Food Corp.

Co-Counsel to WARN Act Claimants:

Fisker Automotive Holdings, Inc., et al., Case No. 13-13087 (KG)
AFA Investment, Inc., et al., Case No. 12-11127 (MFW)
Coda Holdings, Inc., et al., Case No. 13-11153 (CSS)
Solyndra LLC, et al., Case No. 11-12799 (MFW)
Digital Domain Media Group, Inc., et al., Case No. 12-12568 (BLS)
TSC Global, LLC, et al., Case No. 12-10505 (KG)
Hampton v. Navigation Capital Partners, Inc., Case No. 13-cv-747 (LPS)
Emivest Aerospace Corporation, Case No. 10-13391 (MFW)

Mortgage Lenders Network USA, Inc., Case No. 07-10146(PJW) (representing Creditor Liquidity Asset Management)


Equipment Financiers/Lessors

Hussmann Corporation in Fleming Companies
Transamerica Business Credit in Winstar
Ingersoll-Rand Company in matters nationwide
The Timken Company in matters nationwide
CIT Communications in Olympus Healthcare

Fiduciary Roles

Delaware counsel to Vernon Tort Trustee in In re Exide Technologies

In the Matter of Gizmondo Europa Limited (in Liquidation) - Expert Report to the British High Court of Justice, Chancery Division on fiduciary duties under Delaware law

Appointed Chapter 11 Trustee in Optical DataComm (commenced over 100 avoidance actions)
Appointed Examiner in Moreshet Israel, Inc.
Appointed Wind Down Director in Via.Networks (Delaware Chancery Ct.)

Chapter 15 Cases

Co-counsel to MNP, Ltd., Authorized Foreign Representative to Chapter 15 Debtors, Electro Sonic Inc. and Electro Sonic of America LLC, Case No. 14-10240 (LSS)
Co-counsel to Flynn Parties in Chapter 15 Case of IBRC, Case No. 13-12159 (CSS)

Avoidance Action Litigation (Plaintiff and Defendant)

Special Conflicts Counsel, In re Deb Stores

Special Conflicts Counsel to GUC Trustee in In re Exide Technologies

Co-counsel to consolidated estates of In re THQ, Inc.

Co-counsel to Avoidance Action Committee in In re AFA Investment
Co-counsel to Pirinate Consulting Group, LLC, as Litigation Trustee for the NP Creditor Litigation Trust (over 750 avoidance actions)
Special Conflicts Counsel to the Unsecured Creditor Agent, Orleans Homebuilders, Inc.
Co-counsel to Creditor Trustee, In re CEI Liquidation Estate, et al. (over 200 avoidance actions)
Special conflicts counsel to Liquidating Trust, LandSource Communities Development, LLC
Co-counsel to the Reorganized Debtors, In re VeraSun Energy Corp.(commenced over 200 avoidance actions)
Special conflicts counsel to Liquidating Trust in DVI
Special conflicts counsel to Liquidating Trust in TW, Inc.
Special conflicts co-counsel to Liquidating Trust in KB Toys
Special Litigation Counsel for avoidance actions, In re Creative Group, Inc. (over 80 actions in S.D.N.Y.)
Many hundreds of representations on behalf of defendants in avoidance actions.

Advice to Delaware Boards of Directors on Fiduciary Duties Under Delaware Law

Official Committees

Co-counsel, In re Outer Harbor Terminal, LLC
Co-counsel, In re Taylor-Wharton Int'l
Co-counsel, In re City Sports, Inc.
Co-counsel, In re F-Squared Investment Management, LLC
Co-counsel, In re Corinthian Collgege, Inc.
Co-counsel, In re Nirvanix
Co-counsel, In re Handy Hardware
Co-counsel, In re Gridway Energy
Co-counsel, In re Capitol Infrastructure, LLC
Co-counsel, In re Signature Styles, LLC
Co-counsel, In re Xstream Systems, Inc.
Co-counsel, In re Point Blank Solutions, Inc., et al.
Post-Effective Date Committee, In re Goody's Family Clothing, Inc.
Co-counsel, In re Domain, Inc.
Co-counsel, In re Magnolia Energy
Co-counsel, In re Comdial Corp.
Co-counsel, In re Rufus
Co-counsel, In re New Weathervane Retail
Co-counsel, In re Miix Group
Co-counsel, In re Talkpoint
Co-counsel, In re New Heights Recovery & Power, LLC
Co-counsel, In re Dream Machine
Co-counsel, In re AM Communications
Co-counsel, In re Internet Direct Communications
Co-counsel, In re Chi-Chi's, Inc.
Co-counsel, In re Cyclelogics
Co-counsel, In re Kaiser Aluminum Corp. (Retirees' Committee)
Co-counsel, In re E-Toys (commenced over 250 avoidance actions)
Co-counsel, In re Bill's Dollar Stores
Co-counsel, In re FRD
Co-counsel, In re American Tissue
Co-counsel, In re US Mineral Products (Asbestos Claimants' Committee)
Co-counsel, In re A-Best Products (Asbestos Claimants' Committee)
Co-counsel, In re PSA

Chapter 7 Corporate Debtors

Digital Network North America, Inc., Case No. 15-11535(KG)
PixelOptics, Inc., Case No. 13-12875
Real Software North America Corp., Case No. 01-02172 (MFW)
FIS Holdings, Inc., Case No. 03-12360
Ace Holding Company, LLC, Case No. 08-12642
Howorth Air Technology Inc., Case No. 09-14423
Meriton Networks Inc., Case No. 11-10318
Aegis Mortgage Corporation, et al., Case No. 07-11119 (BLS)

Chapter 7 Trustee

Co-counsel to Chapter 7 Trustee, In re Xstream Systems, Inc.
Counsel to Chapter 7 Trustee, In re RDVA, Inc.
Counsel for Chapter 7 Trustee, In re Chateau Hip, Inc.
Counsel for Chapter 7 Trustee, In re Perfect Trading, Inc.

Other Representative/Acquisition Matters

Plastipak as acquirer of substantially all of the Constar's assets
Newbold Equipment Service, as acquirer of assets/leases in Ameriking
Co-counsel to the LTW Holders, Washington Mutual
Co-counsel to Jeld-Wen, inc. in In re Grossmans (reversed Frenville decision; see Jeld-Wen, Inc. v. VanBrunt
(In re Grossman's Inc.), 607 F.3d 114 (3d Cir. 2010)
Copreci S. Coop./Mondragon Components, USA (owner of patent applications in DHP Holdings II Corporation)
Tigon Studios, Inc. (movie studio) in Midway Games, Inc.
Altfillisch Contractors, Inc. (mechanic liens) in LandSource Communities Development LLC
Fuji Photo U.S.A., Inc. in Fleming Companies
Bank of New York, as Indenture Trustee, in United Petroleum
Merck & Co., Inc. in Inacom
Co-counsel, Wells Fargo, N.A. in ABFS

Delaware/Federal Opinion Letters

  • Substantive Non-Consolidation (Federal)
  • Bankruptcy Remote (Delaware State Law, a/k/a Delaware Non-Dissolution and Federal Authority to File)
  • UCC Perfection (for Delaware entities)
  • Power and Authority/Due Authorization/No Violation (for Delaware entities)
  • Due Formation/Due Incorporation/Valid Existence (for Delaware entities)
  • Enforceability (for Delaware law governed agreements)
  • No Litigation (Delaware courts)
  • Choice of Law/Enforcement of Foreign Judgments

Delaware Court of Chancery

  • Appointment of Receiver
  • Defend Advancement Action
  • Defense of Misappropriation of Trade Secrets
  • Prosecution of Misappropriation of Trade Secrets
  • Defense of Covenant Not To Compete
  • 220 Books and Records Demand/Defense