Gregory W. Werkheiser

Partner

(302) 351-9229 T
(302) 425-4663 F

LinkedIn Profile

Chambers USA: America’s Leading Lawyers for Business reports that clients consider Greg to be “one of the most technically proficient and intelligent” in the bankruptcy and restructuring area.

Greg is a partner with the Business Reorganization & Restructuring Group.  He has considerable experience representing debtors, creditors and other parties in complex business bankruptcy cases and out-of-court restructurings.

Greg devotes a substantial portion of his practice to bankruptcy appellate litigation and assisting clients with navigating the intersection of intellectual property and bankruptcy law.

In addition, Greg’s extensive experience includes advising fiduciaries and managers for distressed enterprises, acquisitions of financially distressed companies, representing official and ad hoc creditors’ committees, negotiating and drafting debtor-in-possession financing documents, and bankruptcy-related litigation.

Greg is a frequent writer and speaker on leading edge bankruptcy and insolvency topics. He has been recognized as a leading Delaware attorney in the bankruptcy and restructuring area by Chambers USA and listed in The Best Lawyers in America.

Professional Activities

  • American Bankruptcy Institute
  • American Bar Association (Business Law Bankruptcy Law and Litigation Sections; Appeals, Bankruptcy and Insolvency Litigation Committee, Co-Chair)
  • Federal Bar Association, Delaware Chapter
  • Turnaround Management Association

Community Activities

  • Delaware Lawyer (Board of Editors)
  • Widener Law Institute of Delaware Corporate & Business Law (Board of Advisors)

Representative Matters

  • Represent Teachers’ Retirement Systems of Alabama and Employees’ Retirement Systems of Alabama in the bankruptcy of Signal International, Inc., and its affiliated debtors.
  • Represented the E-ZPass Interagency Group in the bankruptcy of the ITR Concession Company LLC, the sole private member of the E-ZPass consortium.
  • Acted as lead counsel for Broadcast Music, Inc., the largest music rights organization in the United States, in various bankruptcy cases throughout the country involving artists, publishers and licensees
  • Represented bankruptcy counsel for Luby’s, Inc., in its acquisition of the 185-unit Fuddruckers fast casual restaurant chain
  • Acted as lead counsel for an energy company in its successful challenge on bad faith grounds for bankruptcy cases filed by subsidiaries of another multi-billion dollar energy company.  The client also obtained sanctions against the debtors’ parent companies, including the recovery of more than $1.5 million in attorneys’ fees and costs.  See In re 15375 Memorial Corp., 430 B.R. 142 (Bankr. D. Del. 2010).
  • Represented The Penn Traffic Company, an operator of regional grocery chains, in its chapter 11cases, including the sale of substantially all of its assets
  • Served as co-counsel to RPM International Inc., a multinational, public holding company, in the chapter 11 cases of its subsidiaries Specialty Products Holding Corp. and Bondex International, Inc., which were commenced due to the cost of resolving thousands of asbestos-related bodily injury lawsuits.
  • Served as co-counsel to Garlock Sealing Technologies, LLC, in its successful efforts to compel access to asbestos personal injury claim related court documents in 12 large asbestos bankruptcy cases.  See In re Motions for Access of Garlock Sealing Technologies LLC, 488 B.R. 281 (D. Del. 2013).
  • Acted as co-counsel to a Fox Sports affiliate in the chapter 11 case of the Los Angeles Dodgers LLC, which resulted in a successful appeal to protect its interests in the telecast rights agreement with the club.  See In re Los Angeles Dodgers LLC, 2011 WL 6749081 (D. Del. Dec. 23, 2011).
  • Represented Citibank, N.A., in litigation arising from the chapter 11 case of Qimonda Richmond, LLC.
  • Served as counsel to Barclays Bank, PLC, in litigation arising from the chapter 11 case of American Home Mortgage Holdings, Inc.
  • Lead Ontario Teachers’ Pension Plan Board in the chapter 11 case of CFM Corp.
  • Lead Weir Group PLC affiliate in the chapter 11 case of Green Field Energy, Inc.
  • Acted on behalf of Crayola, LLC, in the chapter 11 case of School Specialty Inc.
  • Successfully represented Dish Network/EchoStar Corporation in various bankruptcy cases
  • Represented Syngenta Seeds Inc. in the chapter 11 case of Hines Horticulture Inc.
  • Served as council for Loughlin Meghji & Company in the chapter 11 case of Werner Holding Co. (DE), Inc. and related litigation
  • Chapter 11 Debtor Representations include: R.G. Steel, LLC; Security National Properties; Teton Energy Corporation; TallyGenicom, L.P.; NetVersant Solutions, Inc.; Rouge Steel Company; Orion Refining Corporation; and eToys, Inc.
  • Official Committee of Unsecured Creditors Representations include: Velti, Inc.; Coda Holdings, Inc.; FAO, Inc.; Safety-Kleen, Inc.; Planet Hollywood International; and Homeplace Stores, Inc.

News

Chambers USA 2017 Ranks Morris Nichols Band 1 in Four Delaware Practice Areas; 23 Morris Nichols Attorneys Recognized Among the Best in Delaware

Wilmington, DE (May 26, 2017) – The 2017 edition of Chambers USA: America’s Leading Lawyers for Business again ranked Morris, Nichols, Arsht & Tunnell LLP as a Band 1 law firm in the Delaware categories for Bankruptcy/Restructuring, Chancery, Corporate M&A & Alternative Entities, and Intellectual Property. Twenty-three... Continue Reading

Morris Nichols Recognized by The M&A Advisor 2017 Turnaround Awards

Wilmington, DE (January 27, 2017) – Today, The M&A Advisor announced the winners of the 11th Annual Turnaround Awards. Morris, Nichols, Arsht & Tunnell LLP was recognized in two categories for restructuring work and for reorganization in the energy sector. Together with co-counsel Hogan Lovells US LLP, the firm was recognized for work on... Continue Reading

31 Morris Nichols Attorneys Listed in The Best Lawyers in America® 2017

Wilmington, DE (August 15, 2016) – Thirty attorneys from Morris, Nichols, Arsht & Tunnell LLP were selected for inclusion in the 2017 edition of The Best Lawyers in America®.  The results are based on peer-review evaluations from more than 79,000 eligible attorneys. Six firm attorneys earned “Lawyer of the Year” designations (noted... Continue Reading

Morris Nichols Partners with KaloBios Pharmaceuticals, Inc. to Overcome Challenges to Complete Successful Reorganization

Wilmington, DE (July 12, 2016) – Morris, Nichols, Arsht and Tunnell LLP (“Morris Nichols”) announced today that it, together with co-counsel Hogan Lovells US LLP, has served as chapter 11 bankruptcy counsel for KaloBios Pharmaceuticals, Inc., a Brisbane, California based development stage, biopharmaceutical company focused on advancing... Continue Reading

Chambers USA 2016 Ranks Morris Nichols Band 1 in Four Delaware Practice Areas; 25 Morris Nichols Attorneys Recognized Among the Best in Delaware

Wilmington, DE (May 27, 2016) – The 2016 edition of Chambers USA: America’s Leading Lawyers for Business again ranked Morris, Nichols, Arsht & Tunnell LLP as a Band 1 law firm in the Delaware categories for Bankruptcy/Restructuring, Chancery, Corporate M&A & Alternative Entities, and Intellectual Property. Twenty-five Morris... Continue Reading

30 Morris Nichols Attorneys Listed in The Best Lawyers in America® 2016

Wilmington, DE (August 17, 2015) – Thirty attorneys from Morris, Nichols, Arsht & Tunnell LLP were selected for inclusion in the 2016 edition of The Best Lawyers in America®. The results are based on peer-review evaluations from more than 79,000 eligible attorneys. Jack B. Blumenfeld was named the Best Lawyers® 2016... Continue Reading

Greg Werkheiser Moderates ABI Discussion of Supreme Court’s Ruling in Baker Botts LLP v. ASARCO LLC

Morris Nichols partner Greg Werkheiser served as the moderator for the American Bankruptcy Institute’s briefing on the recent U.S. Supreme Court decision in Baker Botts LLP v. ASARCO LLC. On Monday, the high court ruled that §330(a)(1) of the Bankruptcy Code does not permit bankruptcy courts to award fees to §327(a) professionals... Continue Reading

Greg Werkheiser Quoted in BNA’s Bankruptcy Law Reporter on ASARCO Decision

Morris Nichols partner Greg Werkheiser provided commentary to Bloomberg BNA in its analysis of the U.S. Supreme Court’s decision on attorneys’ fee-defense litigation in Baker Botts LLP v. ASARCO LLC. In a 6-3 decision issued on June 15, 2015, the high court found that bankruptcy attorneys cannot be awarded attorneys’ fees for work... Continue Reading

Chambers USA 2015 Ranks 23 Morris Nichols Attorneys and 4 Practice Groups Among the Best in Delaware

Wilmington, DE (May 19, 2015) – The 2015 edition of Chambers USA: America’s Leading Lawyers for Business ranked Morris, Nichols, Arsht & Tunnell LLP as a Band 1 law firm in the Delaware categories for Bankruptcy/Restructuring, Chancery, Corporate M&A & Alternative Entities, and Intellectual Property. Twenty-three... Continue Reading

Turnarounds & Workouts Recognizes Morris Nichols on List of Top Restructurings of 2014

Wilmington, DE (January 30, 2015) – Turnarounds & Workouts recognized Morris, Nichols, Arsht & Tunnell LLP in its annual report identifying “Successful Restructurings” of 2014. Morris Nichols was recognized for work on the chapter 11 bankruptcy restructuring of Security National Properties Funding III, just one of 12... Continue Reading

Chambers USA 2014 Names 21 Morris Nichols Attorneys and 4 Practice Groups as Best in Delaware

Wilmington, DE (May 23, 2014) – The 2014 edition of Chambers USA: America’s Leading Lawyers for Business today ranked twenty-one Morris Nichols’ attorneys and four practice groups as best in Delaware.  Chambers annually conducts in-depth interviews of commercial users of legal services to assess the strengths and reputations... Continue Reading

2014 Chambers USA Directory Ranks 21 Morris Nichols Attorneys as 'Leaders in their Field"

Wilmington, DE (March, 2014) – The Firm congratulates its 21 attorneys who will be included in the 2014 Chambers USA “Leaders in their Field” legal directory by Chambers & Partners. Several practices and lawyers are recognized in more than one area. Delaware A Gilchrist Sparks III, Chancery & Corporate /M&A Derek... Continue Reading

Gregory Werkheiser Appointed Co-Chair of Appeals Subcommittee for ABA Section of Litigation Bankruptcy & Insolvency Committee

Wilmington, DE (September 26, 2012) - Gregory W. Werkheiser, Morris Nichols Business Reorganization & Restructuring Group partner, has been appointed co-chair of the Appeals Subcommittee for the American Bar Association Section of Litigation Bankruptcy and Insolvency Committee. The Bankruptcy and Insolvency Litigation Committee is made up... Continue Reading

Gregory Werkheiser is Named to Board of Advisors for the Widener Law Institute of Delaware Corporate & Business Law

Wilmington, DE (June 8, 2012) - Gregory W. Werkheiser, member of the Morris Nichols Business Reorganization & Restructuring Group, has been named to the Board of Advisors for the Widener Law Institute of Delaware Corporate & Business Law. The Widener University School of Law’s Institute of Delaware Corporate & Business Law serves... Continue Reading

Morris Nichols Helps Fox Sports to Successful Outcome in Dodgers Bankruptcy

Wilmington, DE (January 20, 2012) - Partnering with litigation counsel Jenner & Block LLP, bankruptcy attorneys from Morris Nichols helped preserve valuable media rights held by News Corporation’s Fox Sports Net West 2, LLC (“Prime Ticket”) in the face of challenges by the bankrupt Los Angeles Dodgers.  Prior to... Continue Reading

Articles

Teligent Allows Law Firm Defendant in Malpractice Action to Challenge Validity of Proceeds Assignment Contained in Settlement Previously Approved by Bankruptcy Court

Gregory W. Werkheiser, “Teligent Allows Law Firm Defendant in Malpractice Action to Challenge Validity of Proceeds Assignment Contained in Settlement Previously Approved by Bankruptcy Court,” Ethics & Prof. Comp. Comm. ABI Committee...

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Events

Phila TMA Delaware Educational & Networking Event

On Oct. 28, Morris Nichols partner Gregory W. Werkheiser will join a panel discussion presented by the Philadelphia Chapter of the Turnaround Management Association. Morris Nichols will host the program in their Wilmington, Del. offices. The two-hour discussion will explore hot topics and ethical issues confronting professionals in the... Continue Reading

10th Annual ABI Mid-Atlantic Bankruptcy Workshop

7.31.2014 through 8.2.2014 in Cambridge, MD - Business Reorganization & Restructuring
Gregory W. Werkheiser

Morris Nichols partner Gregory W. Werkheiser will speak at the 10th Annual Mid-Atlantic Bankruptcy Workshop, July 31 to August 2, 2014 in Cambridge, Md. As a member of the panel on “Commercial: Going Gently into that Good Night:  The Process of Converting Cases to Chapter 7,” Greg will discuss Delaware working group and U.S. Trustee Task Force... Continue Reading

Getting Paid: A Discussion of the Ins and Outs of the Revised United States Trustee Fee Guidelines

As Co-Chair of the Bankruptcy Section of the Federal Bar Association, Curtis Miller, Morris Nichols Business Reorganization & Restructuring partner, developed the program “Getting Paid: A Discussion of the Ins and Outs of the Revised United States Trustee Fee Guidelines” hosted at Morris Nichols on Sept. 25, 2013. Gregory Werkheiser,... Continue Reading

9th Annual ABI Mid-Atlantic Bankruptcy Workshop

Gregory Werkheiser, Morris Nichols Business Reorganization & Restructuring Group partner, will serve as a panel speaker on the program titled Checking In on the Supremes: Recent Decisions and Key Supreme Court Decisions Revisited, Including Stern v. Marshall at the American Bankruptcy Institute (ABI) 9th Annual Mid-Atlantic Bankruptcy Workshop... Continue Reading

TMA 10th Anniversary Mid-Atlantic Regional Symposium

Derek C. Abbott and Gregory W. Werkheiser, members of the Morris Nichols Business Reorganization and Restructuring Group, will be featured speakers at the Turnaround Management Association (TMA) 10th Anniversary Mid-Atlantic Regional Symposium, June 13-14, 2012, at the Borgata Hotel Casino & Spa in Atlantic City, New Jersey. Derek is the... Continue Reading

Fiduciary Duties at the Intersection of Federal Bankruptcy and State Corporate Law

The Institute of Delaware Corporate and Business Law hosts a day-long conference on fidicuiary duties at Widener University School of Law's Delaware campus on April 16, 2012. Morris Nichols partner Greg Werkheiser will participate in the session, “Stern v. Marshall and Other Jurisdictional Issues Relating to Breach of Fiduciary Duty Claims... Continue Reading

Strafford Webinar: Bankruptcy: Attorney-Client Privilege and Work Product

Strafford hosts a CLE webinar providing guidance for bankruptcy counsel on the implications of the attorney-client privilege for stakeholders in the bankruptcy process—debtors, creditors, committees and professionals. Morris Nichols partner Greg Werkheiser participates on the panel which will discuss legal strategies for preserving the privilege... Continue Reading

Intersections of Bankruptcy and Intellectual Property

The U.S. Bankruptcy Court for the District of Delaware and the Delaware Chapter of the Federal Bar Association co-present this special CLE seminar and social event in Wilmington, Del. on September 11, 2008.  Morris Nichols partner Greg Werkheiser will speak in the session, “Treatment of Licenses and Other Intellectual Property Interests in... Continue Reading