Katherine H. Betterly


(302) 225-2575 F

Kate’s 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 and serves as a member of the Board of Directors of the University of Delaware Library Associates.

In 2020, Chambers USA ranked Kate among leading Delaware practitioners in the Real Estate area.

Professional Activities

  • American Bar Association
    • Section of Business Law
    • Real Property Trust & Estates Section, Legal Opinions in Real Estate Transactions
  • 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)
    • Real & Personal Property Section
    • Uniform Commercial Code Subcommittee
  • Unclaimed Property Professionals Organization

Community Activities

  • University of Delaware Library Friends (Board of Directors)

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.


Chambers USA 2020 Ranks Morris Nichols Band 1 in Four Delaware Practices; 24 Morris Nichols Attorneys Recognized Among Leading Delaware Practitioners

Wilmington, DE (April 23, 2020) – Morris, Nichols, Arsht & Tunnell LLP appears in the top tier in four Delaware practice categories in the 2020 edition of Chambers USA: America’s Leading Lawyers for Business released today. The prestigious Chambers guide has consistently ranked Morris Nichols as a Band 1 law firm for Delaware... Continue Reading

Morris Nichols Promotes Kate Betterly, Brian Egan, Michael Flynn and Dan Matthews to Partner

Wilmington, DE (December 26, 2017) – Morris, Nichols, Arsht & Tunnell LLP is pleased to announce that Kate Betterly, Brian Egan, Michael Flynn and Dan Matthews will become partners, effective January 1, 2018.  “We are thrilled that these outstanding attorneys will be partners at Morris Nichols, and we congratulate them on reaching this... Continue Reading

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



UPPO 2019

3.24.2019 through 3.27.2019 in New Orleans, LA - Unclaimed Property
Katherine H. Betterly

The Unclaimed Property Professionals Organization holds its annual conference from March 24-27, 2019 in New Orleans, La. Morris Nichols partner Kate Betterly will speak at the Monday, March 25 morning panel, “Bridging the Gap.” This session will explore how to build a positive relationship with the states and maintain a compliance program that... Continue Reading