Litigation

Overview

Our litigators play a prominent role in Delaware and have, through years of practice, developed practical insights into the procedures and personalities of Delaware courts and jurists.  We are well known and respected by Delaware’s chancellors, justices, and judges.

Because our litigation bench is so deep, many of our litigators are focused on particular areas of the law.  That means there is always a lawyer to consult when specific issues arise.  We know the range of remedies that may be available, and we have the skill and knowledge to pursue the most favorable strategy to achieve our clients’ business goals.

Richards Layton represents local, regional, and national clients in a wide variety of litigation matters in state and federal courts. We have successfully represented businesses and individuals in suits involving commercial, fiduciary, licensing, personal injury, environmental, construction, contract, professional malpractice, securities, product liability, defamation, employment, and lender liability disputes. We also have substantial experience in appellate matters, routinely representing clients before the Delaware Supreme Court and the federal appellate courts.

Richards, Layton & Finger represents local, regional and national clients in a wide variety of litigation matters in state and federal courts. We have successfully represented businesses and individuals in suits involving commercial, fiduciary, licensing, personal injury, environmental, construction, contract, professional malpractice, securities, product liability, defamation, employment and lender liability disputes. We also have substantial experience in appellate matters, routinely representing clients before the Delaware Supreme Court and the federal appellate courts.

Richards Layton litigators have served as members of the Delaware District Court Local Rules Advisory Committee, the Delaware Supreme Court Rules Advisory Committee, the Delaware Chancery Court Rules Advisory Committee and the Superior Court Civil Rules Advisory Committee. Members of the firm have been requested by appellate courts to serve as amicus curiae, and they routinely lecture on litigation practice at seminars conducted by the courts and the state and federal bar associations in Delaware.

Many of our trial lawyers have been selected for inclusion in Chambers USAThe Best Lawyers in America and Benchmark Litigation. The depth and breadth of our litigation practice make us the first choice for many Fortune 500 companies seeking counsel in Delaware.

Proven Delaware Capabilities 
Given the international significance of Delaware’s statutory framework for business transactions, disputes over successful fulfillment of transaction and contract terms are often litigated in the state’s Court of Chancery and Superior Court. Major public and private companies and the law firms that advise them rely on our litigators as Delaware counsel to resolve these disputes, whether they seek our services as defendants or plaintiffs in litigation.

Our litigators have a proven capability to handle extremely complex cases involving millions of pages of documents, substantial monetary stakes and novel issues of law. We can pursue the full range of remedies in a wide array of controversies that involve:

  • Corporate law
  • Complex questions of contract interpretation
  • Asset purchase agreements
  • Banking and commercial finance disputes, particularly lender liability
  • Business torts, including fraud and misrepresentation allegations
  • Insurance coverage lawsuits
  • Intellectual property litigation focused on licensing agreements and joint ventures
  • Professional liability lawsuits
  • Fiduciary liability litigation.

Trial Skill 
Delaware’s Court of Chancery and Superior Court are highly regarded as forums of choice for commercial litigation. Richards Layton’s integral role in Delaware’s legal landscape means that we have a history of practical insight into the procedures and personalities of Delaware courts and jurists. Our extensive experience gives clients reassurance and enhances our credibility at trial. We have in-depth familiarity with the courts’ formal procedures and informal practices, and are well known and respected by the chancellors, justices and judges who preside in those forums.

If a Chancery or Superior Court decision is appealed, Richards Layton litigators regularly appear in the Delaware Supreme Court representing appellants or appellees in the most sophisticated and complex disputes. Our firm’s commercial litigators also represent clients in other judicial venues, including the U.S. District Court for the District of Delaware and other federal courts.

Whether the issue is inaccurate disclosure of financial information, bad faith or other business torts, we know the range of remedies that may be available and pursue the most favorable strategy to achieve our clients’ business goals. The decision to litigate aggressively or negotiate a favorable settlement ultimately is a business choice, and our vast commercial litigation experience in Delaware means we can give clients informed, strategic advice on the best course to take.

Contract disputes can also involve specialized dispute resolution issues in such areas as employment, environmental, intellectual property or fiduciary liability law. Richards Layton’s commercial litigators work with other lawyers in the firm who focus on these areas. Their insight is often instrumental in helping to define the issues at stake, and deciding whether settlement or trial is the best way to resolve them.


Directors

C. Malcolm Cochran, IV
Director
302.651.7506
cochran@rlf.com
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Frederick L. Cottrell, III
Director
302.651.7509
cottrell@rlf.com
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Raymond J. DiCamillo
Director
302.651.7786
dicamillo@rlf.com
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Kelly E. Farnan
Director
302.651.7705
farnan@rlf.com
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Steven J. Fineman
Director
302.651.7592
fineman@rlf.com
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Anne C. Foster
Director
302.651.7744
foster@rlf.com
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Jennifer C. Jauffret
Director
302.651.7568
jauffret@rlf.com
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Jeffrey L. Moyer
Director
302.651.7525
moyer@rlf.com
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Chad M. Shandler
Director
302.651.7836
shandler@rlf.com
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William J. Wade
Director
302.651.7718
wade@rlf.com
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Robert W. Whetzel
Director
302.651.7634
whetzel@rlf.com
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Gregory P. Williams
Director
302.651.7734
williams@rlf.com
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Other Attorneys

Lori A. Brewington
Associate
302.651.7689
brewington@rlf.com
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Todd A. Coomes
Counsel
302.651.7507
coomes@rlf.com
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Christine Dealy Haynes
Associate
302.651.7508
haynes@rlf.com
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Travis S. Hunter
Counsel
302.651.7564
hunter@rlf.com
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Selena E. Molina
Associate
302.651.7682
molina@rlf.com
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Katharine Lester Mowery
Associate
302.651.7623
mowery@rlf.com
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Nicole K. Pedi
Associate
302.651.7844
pedi@rlf.com
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Jason J. Rawnsley
Counsel
302.651.7550
rawnsley@rlf.com
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Publications

  • "Magistrate Judge Burke Grants Motion to Transfer Venue," August 30, 2017   View >
  • "Senior Judge Robinson Denies Motion for Attorneys' Fees," August 30, 2017   View >
  • "Senior Judge Robinson Finds Broad Subject Matter Waiver Related to Opinions of Counsel," August 30, 2017   View >
  • "Judge Andrews Grants Motion to Amend Complaint," August 30, 2017   View >
  • "Chief Judge Stark Provides "Inclinations" on Post-Trial Motions," August 30, 2017   View >
  • "Judge Andrews Denies Motion to Renew Motion to Dismiss," August 30, 2017   View >
  • "Chief Judge Stark Orders Bellwether Trial," August 30, 2017   View >
  • "Judge Andrews Grants in Part and Denies in Part Motion for Protective Order," August 30, 2017   View >
  • "Chief Judge Stark Grants Motion to Disqualify Expert," August 30, 2017   View >
  • "Visiting Judge Kearney Denies Motion to Dismiss," August 30, 2017   View >
  • "Delaware Intellectual Property Law Update," August 30, 2017   View >
  • "Judge Davis Grants Defendant's Motion to Dismiss by Applying a Contractually Shortened Limitations Period," July 13, 2017   View >
  • "Special Discovery Master Brady Grants Defendants' Motion to Compel, Finding Plaintiff's Responses to Be Insufficient and Lacking Substance," July 13, 2017   View >
  • "Judge Davis Orders Insurance Company to Indemnify Plaintiff in Breach of Duty to Defend Case," July 13, 2017   View >
  • "Judge Davis Denies Motion to Dismiss After Finding Forum Selection Clause in Separate Agreement Inapplicable," July 13, 2017   View >
  • "Judge Wallace Rules on Summary Judgment Motions Concerning Defendants' Liability in Asbestos Coverage Suit," July 13, 2017   View >
  • "Complex Commercial Litigation Update," July 13, 2017   View >
  • "Judge Andrews Amends Discovery Order to Include Production of Documents from Plaintiff's Previous Related Patent Infringement Case," July 11, 2017   View >
  • "Judge Robinson Grants and Denies Post-Trial Motions," July 11, 2017   View >
  • "Judge Andrews Grants Plaintiff's Request to Limit Number of Patent Claims for Trial and Dismisses Dropped Claims with Prejudice," July 11, 2017   View >
  • "Judge Robinson Denies Plaintiff's Request for Additional Discovery," July 11, 2017   View >
  • "Judge Andrews Denies Defendant's Request to Add New Non-Infringement Defenses Raised for First Time in Pretrial Order," July 11, 2017   View >
  • "Chief Judge Stark Denies Defendants' Motion for Reargument on its Order and Contingently Imposes Costs on Defendants," July 11, 2017   View >
  • "Delaware Intellectual Property Law Update," July 11, 2017   View >
  • "Judge Andrews Denies Motion for Leave to Substitute Claim Terms ," May 31, 2017   View >
  • "Judge Andrews Denies Defendant's Motion to Withdraw Factually Impossible Admission," May 31, 2017   View >
  • "Chief Judge Stark Issues Decisions on Multiple Daubert Motions and Motions in Limine," May 31, 2017   View >
  • "Judge Andrews Rules on Summary Judgment Finding No Issue Preclusion," May 31, 2017   View >
  • "Jury Awards $50,313,779 in Damages for Willful Infringement," May 31, 2017   View >
  • "Judge Andrews Grants Motion to Exclude Plaintiff's Damages Experts," May 31, 2017   View >
  • "Judge Andrews Denies Pretrial Motions for Summary Judgment and Daubert Motion," May 31, 2017   View >
  • "Judge Sleet Grants Motion to Transfer Venue to California," May 31, 2017   View >
  • "Chief Judge Stark Rules on Motions in Limine and Other Pretrial Matters," May 31, 2017   View >
  • "Two Verdicts in Consecutive Jury Trials Before Judge Andrews," May 31, 2017   View >
  • "Delaware Intellectual Property Law Update," May 31, 2017   View >
  • "District Court of Delaware Assigns Cases to Visiting Judges," May 26, 2017   View >
  • "Recent Delaware Corporate Law Updates," May 25, 2017   View >
  • "Delaware May See an Increase in Patent Cases in Light of Supreme Court Decision in Kraft v. Heartland," May 22, 2017   View >
  • "Chief Judge Stark, Judge Andrews, and Magistrate Judge Burke Deny Redaction Requests," May 3, 2017   View >
  • "Magistrate Judge Burke Rules Infringement Contentions Are Not Confidential Information of Plaintiff," May 3, 2017   View >
  • "Senior Judge Robinson Denies Motion to Transfer," May 3, 2017   View >
  • "Magistrate Judge Burke Denies Motion to Transfer," May 3, 2017   View >
  • "Senior Judge Robinson Denies Motions for Relief from Judgment," May 3, 2017   View >
  • "Chief Judge Stark Rules on Effect of Estoppel Following IPR," May 3, 2017   View >
  • "Judge Sleet Grants in Part and Denies in Part Motion to Dismiss for Failure to State a Claim," May 3, 2017   View >
  • "Judge Sleet Denies Motion to Stay Pending Inter Partes Review Without Prejudice," May 3, 2017   View >
  • "Chief Judge Stark Invalidates Patents as Obvious," May 3, 2017   View >
  • "Delaware Intellectual Property Law Update," May 3, 2017   View >
  • "Judge Sleet Denies Requests for Leave to File Motions for Summary Judgment," April 13, 2017   View >
  • "Judge Robinson Denies Motion for Sanctions Despite Confirmed Wiped Computers and Shredded Documents," April 13, 2017   View >
  • "Chief Judge Stark Grants in Part Defendants' Motion to Strike Plaintiff's Infringement Contentions and Portions of Its Expert's Report," April 13, 2017   View >
  • "Delaware Intellectual Property Update And Judge Sleet to Take Senior Status," April 13, 2017   View >
  • "Judge Davis Dismisses Promissory Estoppel Claim but Allows Plaintiff to Re-Plead Its Lender Liability Claims," April 11, 2017   View >
  • "Judge Wallace Dismisses Fraudulent Inducement Claims Where Damages Duplicated Breach of Contract Claim," April 11, 2017   View >
  • "Judge Davis Denies Motion to Dismiss, Transfers Case to Court of Chancery," April 11, 2017   View >
  • "Judge Davis Denies Defendants' Motion to Dismiss, Finding a Justiciable Controversy that Was Not Barred by the Barton Doctrine," April 11, 2017   View >
  • "Judge Davis Denies Motion for Spoliation Sanctions," April 11, 2017   View >
  • "Judge Jurden Vacates Order to Ensure Proper Administration of Justice," April 11, 2017   View >
  • "Delaware Complex Commercial Litigation Division Law Update," April 11, 2017   View >
  • "Chief Judge Stark Denies Defendant's Request for Supplemental Infringement Contentions," March 7, 2017   View >
  • "Judge Andrews Denies Defendant's Motion to Dismiss," March 7, 2017   View >
  • "Chief Judge Stark Grants in Part Defendants' Motion for Attorneys' Fees," March 7, 2017   View >
  • "Chief Judge Stark Denies Defendant's Motion to Dismiss Based on Discovery Violations," March 7, 2017   View >
  • "Judge Andrews Rules on Motions in Limine ," March 7, 2017   View >
  • "Chief Judge Stark Grants in Part and Denies in Part Cross-Motions to Strike Portions of Expert Reports," March 7, 2017   View >
  • "Chief Judge Stark Requires Plaintiff to Produce Documents Withheld on Purported Privilege Grounds," March 7, 2017   View >
  • "Judge Sleet Holds Patent Not Invalid for Obviousness," March 7, 2017   View >
  • "Judge Robinson Rejects Obviousness Argument," March 7, 2017   View >
  • "Magistrate Judge Burke Grants and Denies in Part Proposals to Protective Order," March 7, 2017   View >
  • "Judge Andrews Grants Motion to Enforce Settlement After Finding of Invalidity," March 7, 2017   View >
  • "Judge Sleet Denies Motion for Temporary Restraining Order and Preliminary Injunction," March 7, 2017   View >
  • "Delaware Intellectual Property Law Update," March 7, 2017   View >
  • "Recent Developments in Delaware Corporate Law," Spring 2017   View >
  • "Judge Johnston Grants Defendants' Motion for Summary Judgment on Statute of Limitations Grounds," February 16, 2017   View >
  • "Judge Davis Holds Insurers Have Valid Controversy Against Insureds but Are Barred from Subrogation Against Defendants as a Matter of Law," February 16, 2017   View >
  • "Judge Johnston Holds Fee-Shifting Provision Does Not Apply to First-Party Actions," February 16, 2017   View >
  • "Judge Johnston Holds Liquidated Damages Provision Enforceable but Denies Summary Judgment Regarding Defendants' Obligations," February 16, 2017   View >
  • "Judge Carpenter Denies Defendants' Motion to Dismiss, Finding Defendants' Arguments Premature," February 16, 2017   View >
  • "Judge Davis Determines Date of Exhaustion of Insurance Policies Based on Policies' Plain Language," February 16, 2017   View >
  • "Judge Davis Denies Motion to Dismiss but Bars Plaintiffs' Contractual Claims," February 16, 2017   View >
  • "Delaware Complex Commercial Litigation Division Law Update," February 16, 2017   View >
  • "Judge Andrews Adopts Procedure for Use of Conflicts Counsel," February 9, 2017   View >
  • "Chief Judge Stark Construes Claim Terms and Denies Motion to Amend Pleading to Allege Inequitable Conduct," February 9, 2017   View >
  • "Judge Robinson Grants Motion for Summary Judgment of Non-Infringement Based on Collateral Estoppel," February 9, 2017   View >
  • "Judge Andrews Grants Motion to Dismiss for Failure to State a Claim but Permits Leave to Amend," February 9, 2017   View >
  • "Judge Andrews Denies Defendants' Motions for Fees," February 9, 2017   View >
  • "Magistrate Judge Burke Finds No Statutory Estoppel Based on IPR," February 9, 2017   View >
  • "Judge Sleet Grants Summary Judgment of Non-Infringement Following Claim Construction," February 9, 2017   View >
  • "Judge Andrews Denies Motion to Exclude the Testimony of Damages Expert," February 9, 2017   View >
  • "Judge Andrews Denies Plaintiff's Request to Enter Rule 54(b) Judgment," February 9, 2017   View >
  • "Delaware Intellectual Property Law Update," February 9, 2017   View >
  • "Judge Burke Grants Motion to Stay Pending Motion to Dismiss," January 13, 2017   View >
  • "Judge Andrews Affirms Magistrate Judge's Order Denying Discovery Sanctions," January 13, 2017   View >
  • "Chief Judge Stark Denies Motion to Vacate and Rules on Disputes in a Joint Status Report," January 13, 2017   View >
  • "Judge Andrews Denies Motion to Continue," January 13, 2017   View >
  • "Judge Robinson Grants and Denies Pre-Trial Motions," January 13, 2017   View >
  • "Delaware Intellectual Property Law Update," January 13, 2017   View >
  • "Recent Delaware Corporate Law Updates," January 12, 2017   View >
  • "Chief Judge Stark Denies Summary Judgment Motions and Motions to Preclude Expert Testimony," December 15, 2016   View >