Business & Contract Litigation

Contracting parties routinely choose Delaware law to govern their commercial arrangements.  In fact, according to a report from the American Bar Association, 99% of merger agreements involving a public Delaware corporation and a strategic acquiror entered into in 2013 chose Delaware as the governing law; even for targets not incorporated in Delaware, Delaware law governed 39% of the time.  As a result, Delaware contract law serves as a form of national contract law, and Morris Nichols litigators are at the front lines.  Firm attorneys have litigated many of the key contract cases in Delaware, including Frontier v. Holly (material adverse effect clauses), Cigna v. Audax (contractual indemnification), GRT, Inc. v. Marathon (representation survival clauses), and ACE v. Capital Re (nonsolicit clauses).

Attorneys in the Litigation Group and Business Reorganization & Restructuring Group handle a broad array of business disputes, including claims for breaches of supply agreements, asset purchase agreements and other breach of contract actions.  Members of the Litigation Group handle such proceedings in the Delaware Court of Chancery, Delaware Superior Court, and Federal District Courts throughout the country.  The members of the Business Reorganization & Restructuring Group routinely handle bankruptcy adversary proceedings in both Federal Bankruptcy Courts and Federal District Courts nationwide. 

In addition to a substantive knowledge of the laws applicable to business disputes, Morris Nichols provides unmatched experience in the procedure governing litigation.  Firm attorneys have a history of working alongside Delaware judges to draft the Delaware rules on civil procedure.  Currently, two Morris Nichols attorneys serve on the Delaware Supreme Court Rules Committee and one attorneys chairs the Court of Chancery Rules Committee.  In addition, through roles as diverse as service on the Delaware Board of Bar Examiners to participating on panels, Firm attorneys use apply their knowledge of the Delaware bar in providing their judgment on litigation strategies.

Attorneys

Derek C. Abbott

Derek C. Abbott

Partner

Tel: (302) 351-9357
dabbott@mnat.com
Business Reorganization & Restructuring

Kevin M. Coen

Kevin M. Coen

Partner

Tel: (302) 351-9301
kcoen@mnat.com
Corporate & Business Litigation

Donna L. Culver

Donna L. Culver

Partner

Tel: (302) 351-9208
dculver@mnat.com
Business Reorganization & Restructuring

Robert J. Dehney

Robert J. Dehney

Partner

Tel: (302) 351-9353
rdehney@mnat.com
Business Reorganization & Restructuring

John P. DiTomo

John P. DiTomo

Partner

Tel: (302) 351-9329
jditomo@mnat.com
Corporate & Business Litigation

S. Mark Hurd

S. Mark Hurd

Partner

Tel: (302) 351-9354
shurd@mnat.com
Corporate & Business Litigation

Curtis S. Miller

Curtis S. Miller

Partner

Tel: (302) 351-9412
cmiller@mnat.com
Business Reorganization & Restructuring

Jay N. Moffitt

Jay N. Moffitt

Partner

Tel: (302) 351-9123
jmoffitt@mnat.com
Corporate & Business Litigation

Donald E. Reid

Donald E. Reid

Partner

Tel: (302) 351-9219
dreid@mnat.com
Corporate & Business Litigation

Eric D. Schwartz

Eric D. Schwartz

Partner

Tel: (302) 351-9308
eschwartz@mnat.com
Business Reorganization & Restructuring

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