- Derek C. Abbott
- Donna L. Culver
- Robert J. Dehney
- Curtis S. Miller
- Eric D. Schwartz
- Gregory W. Werkheiser
- William M. Alleman, Jr.
- Annie C. Cordo
- Erin R. Fay
- Matthew B. Harvey
- Matthew R. Koch
- Tamara K. Minott
- Andrew R. Remming
Business Reorganization and Restructuring
"This Delaware powerhouse is one of the state’s strongest in all matters related to bankruptcy and restructuring. The firm represents debtors and creditors with equal zeal and is staffed by a number of talented individuals whom clients describe as having 'fantastic abilities.'"
- Chambers USA
Morris Nichols’ Business Reorganization and Restructuring Group is recognized as one of the premier restructuring and reorganizing practices in the United States. Recipient of a Turnaround Management Association’s 2012 Turnaround of the Year Award, a 2010 and 2009 Turnaround Atlas Award and 2009 M&A Advisor U.S. Middle-Market Financing Award, The Daily Bankruptcy Review ranked the Group first in the nation among mid-size and small law firms for the number of large, public-company bankruptcy cases filed around the country between 2001 and mid-2005 in which they acted as lead debtor’s counsel and sixth nationally among law firms of all sizes.
Our Business Reorganization and Restructuring practice serves regularly as lead or co-counsel for publicly-traded and privately-held debtors in possession, official creditors' committees, bondholders’ committees, secured and unsecured creditors, pre- and post-petition lenders, equity holders, purchasers of assets and variety of other parties-in-interest. Such representation requires skillful negotiations and masterful knowledge of the specific practices and procedures regarding insolvencies and of the Delaware Bankruptcy Court and District Court as well as the United States Court of Appeals for the Third Circuit.
Since 1990, Delaware has been the venue for nearly half of the nation's largest bankruptcy filings, and Morris Nichols has actively participated in many of its most sophisticated proceedings. Our Business Reorganization and Restructuring team has 14 attorneys — 6 partners, 7 associates, and one Special Counsel practicing business reorganization and restructuring full-time. When situations arise, the team works closely with other firm practice groups, particularly the business litigation, tax, real estate and corporate counseling groups who provide special expertise on interrelated legal and business issues during debt restructuring and workouts. Having handled some of the nation's largest bankruptcy cases, our firm has the resources and experience to assist troubled businesses and other major parties in large, complex proceedings.
We make it our goal to understand our clients’ business and devise innovative solutions that are practical and cost effective while providing superior service equal to or better than large national firms. We work with our clients to quickly respond to today’s challenges and skillfully plan for our clients’ long-range objectives.
Sample representations of debtors in Chapter 11 cases include Nortel Networks, Penn Traffic, Teton Energy, Big 10 Tire Stores, Inc., Delta Mills, Inc., Hancock Fabrics, Inc., Lillian Vernon Corporation, Netversant Solutions, Inc., Nobex Corporation, Northwest Suburban Community Hospital, Oakwood Homes Corporation, Rouge Steel, TallyGenicom, Thaxton Group, Inc. and The Glass Group. The group also represents official creditor’s committees and ad hoc committees including the Chapter 11 cases of Formtech, Barzel, PTC Alliance, Charys Holding Company, Inc., Sea Containers, Ltd., Jillian’s Entertainment Corp. and Oglebay Norton. Post confirmation trust representations include Safety-Kleen Creditor Trust, OHC Liquidation Trust and Bridgeport Holdings, Inc. Other representations include Assured Guaranty, EchoStar Communication Corporation, Federal Guaranty Insurance Corporation, FlexSol Packaging, FortiStar, Hollinger, Inc., Juniper Bank, Morgan Stanley, RCI Acquisition LLC, Riverstone, Wilmington Trust Company and Xybernaut Corporation.
- Morris Nichols Welcomes 2014 Fall Associate Class
Morris, Nichols, Arsht & Tunnell LLP is pleased to announce seven attorneys have joined the firm as part of the 2014 Fall Associate Class.
- 2015 U.S. News – Best Lawyers Ranks Morris Nichols Among “Best Law Firms” in Delaware
In the 2015 edition of the U.S. News – Best Lawyers® rankings of the “Best Law Firms”, Morris, Nichols, Arsht & Tunnell LLP was selected for inclusion in a diverse array of bankruptcy, corporate, intellectual property, and trust law practice areas in Delaware.
- 28 Morris Nichols Lawyers Listed in The Best Lawyers in America® 2015
Morris Nichols is pleased to announce that 28 firm attorneys were selected for inclusion in the 2015 edition of The Best Lawyers in America®. Two partners received special recognition as 2015 Delaware Lawyer of the Year: Jack B. Blumenfeld for Litigation-Patent, and Kenneth J. Nachbar for Bet-the-Company Litigation.
- Who’s Who Legal: Insolvency & Restructuring 2014 Names Morris Nichols Attorneys
Derek C. Abbott and Robert J. Dehney have been named in the Who’s Who Legal: Insolvency & Restructuring 2014, an independent research guide on the world’s leading lawyers.
- 17 Morris Nichols Attorneys Selected For Inclusion in Super Lawyers- Delaware Edition 2014
Super Lawyers is a rating service of outstanding lawyers from more than 70 practice areas who have attained a high-degree of peer recognition and professional achievement. The selection process is multi-phased and includes independent research, peer nominations and peer evaluations.
- Chambers USA 2014 Names 21 Morris Nichols Attorneys and 4 Practice Groups as Best in Delaware
Chambers annually conducts in-depth interviews of commercial users of legal services to assess the strengths and reputations of US attorneys. Rankings are based on technical legal ability, professional conduct, client service, commercial astuteness, diligence, commitment, and other qualities most valued by clients.
- Morris Nichols Partner, Derek C. Abbott Elected to ABI’s Board of Directors
- 2014 Chambers USA Directory Ranks 21 Morris Nichols Attorneys as 'Leaders in their Field"
- Morris Nichols Business Reorganization and Restructuring Group Wins 2013 Legal Award: Insolvency Law Firm of the Year - Delaware
Morris Nichols’ Business Reorganization and Restructuring Group has won the Acquisition International 2013 Legal Award: Insolvency Law Firm of the Year – Delaware.
- 18 Morris Nichols Practice Areas Named in U.S. News/Best Lawyers 2014 Rankings of Best Law Firms in Delaware
Morris, Nichols, Arsht & Tunnell LLP is pleased to announce its selection to the U.S. News & World Report/Best Lawyers 2014 “Best Law Firms” rankings for Delaware.
- Gregory Werkheiser Presents at the Bankruptcy Section of the Delaware Chapter of the Federal Bar Association: Program on the Revised U.S. Trustee Fee Guidelines
Wilmington, DE (September 20, 2013) – Gregory Werkheiser, Morris Nichols Business Reorganization and Restructuring Group partner, served as a featured speaker at the Bankruptcy Section of the Delaware Chapter of the Federal Bar Association's program Getting Paid: A Discussion of the Ins and Outs of the Revised United States Trustee Fee Guidelines hosted at Morris, Nichols, Arsht & Tunnell LLP.
- Chambers USA 2013 Names 17 Morris Nichols Attorneys and 4 Practice Groups as Best In Delaware
The 2013 edition of Chambers USA: America’s Leading Lawyers for Business today ranked seventeen Morris Nichols’ attorneys and four practice groups as best in Delaware.
- 22 Morris Nichols Attorneys Selected for Inclusion in Super Lawyers – Delaware Edition 2013
22 Morris Nichols attorneys have been selected for inclusion in Super Lawyers - Delaware Edition 2013.
- Eric Schwartz is Featured Presenter for International Video Seminar: Important Provisions - Practical Considerations of U.S Bankruptcy Law
Eric Schwartz presented Important Provisions - Practical Considerations of U.S Bankruptcy Law to a select group of blue-chip Austrian companies during a seminar arranged by the TerraLex Austrian
- Morris Nichols Business Reorganization and Restructuring Group Wins TMA’s 2012 Turnaround of the Year Award
Morris Nichols’ Business Reorganization and Restructuring Group received a Turnaround of the Year Award.
- Gregory Werkheiser Appointed Co-Chair of Appeals Subcommittee for ABA Section of Litigation Bankruptcy & Insolvency Committee
Gregory W. Werkheiser has been appointed co-chair of the Appeals Subcommittee for the American Bar Association Section of Litigation Bankruptcy and Insolvency Committee.
- 28 Morris Nichols Attorneys Named to The Best Lawyers in America 2013
28 Morris Nichols attorneys have been named to The Best Lawyers in America 2013 in twenty two practice areas.
- Morris Nichols’ Eric Schwartz Appointed Co-Chair of TerraLex Bankruptcy/Insolvency Group
Eric Schwartz has been appointed Co-Chair of the TerraLex Bankruptcy/Insolvency Practice Group.
- Eric Schwartz Presents at 5th Annual New York Institute of Credit/ABF Journal/TMA Philadelphia Education Conference
Eric Schwartz served on the panel To File or Not to File . . . That is the Question – Views From the Bench, Legal & Turnaround Practitioners at the 5th Annual New York Institute of Credit/ABF Journal/TMA Philadelphia Education Conference in Villanova, Pennsylvania.
- Gregory Werkheiser is Named to Board of Advisors for the Widener Law Institute of Delaware Corporate & Business Law
Gregory W. Werkheiser has been named to the Board of Advisors for the Widener Law Institute of Delaware Corporate & Business Law.
- Morris Nichols Helps Fox Sports To Successful Outcome In Dodgers 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.
- Morris Nichols Business Reorganization and Restructuring Group a Finalist for Turnaround Deal of the Year at the 10th Annual M&A Advisor Awards
Morris, Nichols' Business Reorganization and Restructuring Group has been named a finalist for the 10th Annual M&A Advisor Awards in the Turnaround Deal of the Year and Consumer and Retail Products categories (up to $250 million).
- Twenty-One Morris Nichols' Practice Areas Named in U.S. News/Best Lawyers 2011-2012 Rankings of Best Law Firms
Morris, Nichols, Arsht & Tunnell LLP has been recognized in twenty-one practice areas in the U.S. News & World Report/Best Lawyers 2011 - 2012 "Best Law Firms" rankings.
- Morris Nichols’ Curtis Miller Appointed Co-Chair of the Bankruptcy Section of the Delaware Chapter of the Federal Bar Association
Curtis Miller has been appointed Co-Chair of the Bankruptcy Section of the Delaware Chapter of the Federal Bar Association.
- Gregory Werkheiser Speaks at The Distressed Debt Conference 2011 – New Rules of Disclosure in Bankruptcy
Gregory Werkheiser served as a panel speaker on the program titled News Rules of Disclosure in Bankruptcy at The Distressed Debt Conference 2011.
- Tarik Haskins, Curtis Miller, Eric Wilensky to Become Morris Nichols' Newest Partners
Tarik J. Haskins, Curtis Miller and Eric Wilensky will become partners, effective January 1, 2012.
- Morris Nichols Releases iPad App to Help Legal Professionals Navigate Delaware Law and Practice
Morris Nichols is pleased to announce that its new iPad application, Morris Nichols’ Delaware Bankruptcy Companion for iPad, is available as a free download from the App Store. It is the first in a series of Delaware practice-specific apps produced by Morris Nichols tailored for legal professionals. Morris Nichols becomes the first U.S. law firm to release a legal practice and procedures app for the iPad.
- Derek Abbott Receives the Caleb R. Layton III Service Award
Derek Abbott is the 2011 recipient of the Caleb R. Layton III Service Award.
- Eric Schwartz Appointed as an Officer for American Bankruptcy Institute’s International Committee
Eric Schwartz has been appointed as an officer for the International Committee of the American Bankruptcy Institute.
- Morris Nichols Business Reorganization and Restructuring Group Wins 2010 Turnaround Atlas Award
Morris Nichols’ Business Reorganization and Restructuring Group has won a Turnaround Atlas Award for its role as debtor’s counsel to Big 10 Tire Stores in the successful reorganization and sale of its operations.
- Donna Culver Moderates at Widener Law Program: Attorney-Client and Joint Defense Privileges in Business Bankruptcy Litigation
Donna Culver served as moderator for the panel titled Attorney-Client and Joint Defense Privileges in Business Bankruptcy Litigation at the Widener University School of Law.
- Eric Schwartz Serves as Program Moderator for the TerraLex Americas 3rd Annual Insolvency Practice Group Meeting
Eric Schwartz served as program moderator for the Third Annual Meeting of TerraLex Americas Insolvency Practice Group.
- Morris Nichols Selected as Law Firm of the Year Finalist for The M&A Advisor’s Middle-Market Financing Awards
Morris Nichols has been named a finalist as Law Firm of the Year for The M&A Advisor‘s Middle-Market Financing Awards.
- Morris Nichols Business Reorganization and Restructuring Group a Finalist for The M&A Advisor’s Middle-Market Financing Awards
Morris, Nichols’ Business Reorganization and Restructuring Group has been named a finalist for The M&A Advisor‘s Middle-Market Financing Awards.
- Rob Dehney Presents at 3rd Annual New York Institute of Credit/ABF Journal/TMA Philadelphia Education Conference
Robert Dehney served on the panel Today’s Climate in Reorganizations – Views From Legal/Turnaround Professionals & Bankruptcy Judges at the 3rd Annual New York Institute of Credit/ABF Journal/TMA Philadelphia Education Conference.
- Eric Schwartz Opening Speaker at TerraLex Bankruptcy/Insolvency Group European Meeting
Eric Schwartz and Regional Co-Vice Chair of the TerraLex Bankruptcy/Insolvency Practice Group served as the opening speaker at the TerraLex Bankruptcy/Insolvency Group European Meeting.
- Derek Abbott Presents at 4th Annual Distressed Investing Conference and Turnaround Awards Gala – Case Study: Ritz Camera
Derek Abbott served as a featured speaker on the panel “Turnaround Case Study: Ritz Camera” at The M&A Advisor’s 4th Annual Distressed Investing Conference and Turnaround Awards Gala.
- Morris Nichols Business Reorganization and Restructuring Group Named a Finalist in Three Categories for the 4th Annual Turnaround Awards
The M&A Advisor today announced that Morris Nichols’ Business Reorganization and Restructuring Group has been named a finalist in three categories for the 4th Annual Turnaround Awards.
- Andrew Remming Leads Bankruptcy Webinar – Impact of In re Premier Int’l Holdings, Inc. on Bankruptcy Lawyers and Rule 2019 Disclosures
Andrew Remming hosted the live webinar The Instant Impact of In re Premier Int’l Holdings, Inc. (Del. Bankr. Jan. 20, 2010) on Bankruptcy Lawyers and Rule 2019 Disclosures by Informal Creditor Groups.
- Derek Abbott Presents at 10th Annual Advanced Insolvency & Restructuring Law Conference - Best Practices for Managing Cross-Border Insolvencies & Restructurings
Derek Abbott served as a panel speaker for Best Practices for Managing Cross-Border Insolvencies & Restructurings at the 10th Annual Advanced Insolvency & Restructuring Law Conference.
- Eric D. Schwartz, Making Your Case: Presenting Valuation Evidence VALCON 2014 meeting, Las Vegas, Nevada
- Gregory W. Werkheiser, When Do Court Orders Become Improper Advisory Opinions? ABI Journal, April 2014
- Gregory W. Werkheiser, Applying the Doctrine of Exclusive Appellate Jurisdiction to Bankruptcy Appeals ABA Newsletter Winter 2014, Vol. 19 No. 2
- Gregory W. Werkheiser, Delaware Bankruptcy Court Denies Official Committee Of Unsecured Creditors' Applications To Retain Two Law Firms Due To Improper Solicitation Of Would-Be Committee Members And Failure To Adequately Disclose Such Contacts Morris Nichols Business Reorganization Morris Nichols Business Reorganization and Restructuring Alert, November 2010
- Gregory W. Werkheiser, Gregory Werkheiser Featured Author in May 2010 American Bankruptcy Institute Journal – Beware of the False Claims Act Claim American Bankruptcy Institute Journal, April 2010
- Matthew R. Koch, Shhh . . . Secret Arbitration in Process: The Unconstitutionality of Delaware’s Chancery Arbitrations 118 Penn St. L. Rev. 437 (2013)
- Gregory W. Werkheiser, Intellectually Bankrupt? Five Potential Pitfalls When Intellectual Property Interests Meet Bankruptcy Proceedings Delaware Lawyer 8 (Winter 2008/2009)
- Robert J. Dehney, Curtis S. Miller, Robert Dehney and Curtis Miller Author Article for Norton Annual Survey of Bankruptcy Law Norton Annual Survey of Bankruptcy Law
- Curtis S. Miller, Covering Their Tails—Again: Court Rejects Objection to Officer Advancement Claim under 11 U.S.C. §502(e)(1)(B)1 ABI Journal, p. 38 (February 2008)
- Robert J. Dehney, Curtis S. Miller, Covering Your Tail: Court Approves Advancement of Legal Fees to Directors and Officers under §363 ABI Journal, Vol. XXVI, No. 5, p. 26 (June 2007)
- Robert J. Dehney, Public Sector Restructurings, Recoveries and Insolvencies: A Trend for the Future? Developmental Specialists, Inc. CLE Program (February 2006)
- Robert J. Dehney, Curtis S. Miller, Daniel B. Butz, Restructuring Under Delaware Law: An Attractive Alternative Financier Worldwide -- Global Restructuring Review 2005, at 47-48 (Sept. 2005)
- Robert J. Dehney, Curtis S. Miller, Daniel B. Butz, The Importance of Good Corporate Form: Preventing the Involuntary Distribution of Your Assets to Creditors of a Bankruptcy Affiliate or Subsidiary The Journal of Private Equity (Spring 2005)