Katherine H. Betterly

Special Counsel

(302) 351-9281 T
(302) 225-2575 F

Kate is special counsel in the Commercial Law Counseling Group. Her practice involves a wide spectrum of national and local transactional matters including business acquisition agreements, financing transactions (including matters involving UCC Article 9), bankruptcy-related transactions and other general contract law matters.  Kate’s practice also includes the preparation of Delaware legal opinions in connection with a range of transactional matters as well as representation of clients involved in bank and insurance regulatory matters.

Kate is also a member of the Firm’s commercial real estate practice, where she focuses on transactions involving the finance, acquisition and development of commercial properties.  Kate regularly represents both landlords and tenants in commercial leasing transactions.  She also routinely handles issues related to ground leases, construction contracts, easements and licenses.  She is a title agent for various national title insurance companies.

In addition to her transactional practice, Kate frequently represents unclaimed property holders. She acts as outside counsel to numerous Fortune 500 companies in connection with unclaimed property audits, compliance matters and voluntary disclosure programs. 

Her clients range from large, multinational corporations to local private and governmental entities such as The Delaware River and Bay Authority, The Port of Wilmington, and McConnell Development, Inc.

Kate participates in drafting updates to Delaware’s Uniform Commercial Code as a member of the UCC subcommittee of the Commercial Law Section of the Delaware Bar Association.  She also devotes a portion of her time to pro bono matters as an attorney guardian ad litem and/or Frazier attorney in the Family Court for the State of Delaware. 

Professional Activities

  • American Bar Association (Section of Business Law; Legal Opinions in Real Estate Transactions, Real Property Trust & Estates Section)
  • Committee of 100
  • Commercial-Industrial Realty Council
  • Delaware Commercial Real Estate Women
  • Delaware State Bar Association (Commercial Law Section, Chair, 2011-2013; Vice Chair, 2009-2011; Secretary, 2007-2009; Uniform Commercial Code Subcommittee)
  • Unclaimed Property Professionals Organization

Representative Matters

  • Represented purchaser in acquisition of acrylonitrile manufacturing facility.  Handled drafting of acquisition documentation, real estate issues and negotiation of transition and service agreements. 
  • Serves as counsel to owner of 440,000 square feet high rise office building in downtown Wilmington, Delaware.
  • Represents large regional airport in wide variety of real estate issues, including leasing of airport facilities, federal aid grants and working with the Federal Aviation Administration as well as commercial airlines.
  • Represents Port of Wilmington in a wide variety of leasing and real estate matters including the acquisition of the Edgemoor facility.

News

Morris Nichols Elects Patricia Vella, John DiTomo as Partners; Katherine Betterly as Special Counsel

Wilmington, DE (January 7, 2013) – Morris, Nichols, Arsht & Tunnell LLP is pleased to announce that Patricia O. Vella and John P. DiTomo have been elected partners, and that Katherine H. Betterly has been promoted to Special Counsel, effective January 1, 2013. Rick Alexander, Chair of the firm’s Executive Committee, made the... Continue Reading