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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Travis S. Hunter
Director
302.651.7564
hunter@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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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
Senior Attorney
302.651.7689
brewington@rlf.com
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Tyler E. Cragg
Associate
302.651.7570
cragg@rlf.com
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Alexandra M. Ewing
Associate
302.651.7898
ewing@rlf.com
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Christine Dealy Haynes
Associate
302.651.7508
haynes@rlf.com
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Philip K. Micha
Associate
302.651.7632
micha@rlf.com
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Renée M. Mosley
Associate
302.651.7641
mosley@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

  • "Jury Awards $82.1 Million in Damages for Fraudulent Inducement in M&A Transaction," August 7, 2019   View >
  • "Judge Davis Dismisses Implied Covenant Claim, but Allows Contract Claims to Proceed Despite the Contract's Purported Limitation on Damages," August 7, 2019   View >
  • "Judge Wallace Allows Contract Claims to Proceed while Dismissing Duplicative Implied Covenant Claims and Addressing Novel Issue Regarding Application of the Economic Loss Doctrine to Intentional Torts," August 7, 2019   View >
  • "Judge LeGrow Stays Action to Allow Court of Chancery to Address Jurisdictional Issues ," August 7, 2019   View >
  • "Judge Johnston Concludes Vague Allegations of "Illegal Activity" Are Insufficient under Delaware's Pleading Standards and Implied Covenant of Good Faith and Fair Dealing Claim Is Duplicative of Contract Claim," August 7, 2019   View >
  • "Judge LeGrow Analyzes Stock Purchase Agreement and Dismisses Claims Related to Breach of Non-Solicitation Clause due to Plaintiff's Failure to Plead Affiliate Status," August 7, 2019   View >
  • "Complex Commercial Litigation Update," August 7, 2019   View >
  • "Chief Judge Stark Denies Motion to Stay Pending Arbitration," June 5, 2019   View >
  • "Judge Connolly Grants Motion to Dismiss for Lack of Subject Matter Jurisdiction," June 5, 2019   View >
  • "Chief Judge Stark Partially Grants Motion for Exceptional Case and Attorneys' Fees," June 5, 2019   View >
  • "Delaware Intellectual Property Law Update," June 5, 2019   View >
  • "Chief Judge Stark Denies Motion to Dismiss Hatch-Waxman Claim," June 5, 2019   View >
  • "Judge Andrews Denies Motion to Dismiss for Unpatentable Subject Matter," June 5, 2019   View >
  • "Judge Connolly Holds that Validity Is Not a Single Issue for Purposes of Preclusion," June 5, 2019   View >
  • "Judge Andrews Grants Motions for Exceptional Case and Attorneys' Fees," June 5, 2019   View >
  • "Magistrate Judge Fallon Denies Motion for Exceptional Case," June 5, 2019   View >
  • "Judge Noreika Denies Motion for Temporary Restraining Order," June 5, 2019   View >
  • "Judge Davis Completes Week-Long Trial in M&A Dispute," May 16, 2019   View >
  • "Judge LeGrow Denies Defendant's Motion to Dismiss," May 16, 2019   View >
  • "Judge Davis Announces Preliminary Decision on Summary Judgment Motion Prior to Releasing Full Opinion in Order to Help Parties Better Prepare for Trial," May 16, 2019   View >
  • "Judge Carpenter Denies Motion to Dismiss Breach of Contract and Indemnification Claims," May 16, 2019   View >
  • "Judge Davis Finds Claims for Attorneys' Fees Subject to Separate Statute of Limitations Analysis," May 16, 2019   View >
  • "Complex Commercial Litigation Update," May 16, 2019   View >
  • "Judge Connolly Issues New Form Patent Scheduling Orders ," April 22, 2019   View >
  • "District Court Selects New Magistrate Judge," March 29, 2019   View >
  • "Judge Noreika Adds Undisputed Facts Requirement to Dispositive Motions," March 29, 2019   View >
  • "Chief Judge Stark Rules that Patent Agent-Client Privilege Not Applicable to Documents Withheld from Production," March 29, 2019   View >
  • "Chief Judge Stark Denies Request to Defer Entry of Judgment Pending Final Completion of IPR Proceedings," March 29, 2019   View >
  • "Magistrate Judge Burke Denies Motions to Compel Production of Documents from Related Companies," March 29, 2019   View >
  • "Chief Judge Stark Holds that U.S. Agent of Foreign Company Does Not "Submit" ANDA Under Section 271(e)," March 29, 2019   View >
  • "Chief Judge Stark and Magistrate Judge Burke Hold Omnibus Section 101 Hearing," March 29, 2019   View >
  • "Delaware Intellectual Property Law Update," March 29, 2019   View >
  • "Chief Judge Stark Invalidates Patent for Claiming Ineligible Subject Matter," March 29, 2019   View >
  • "Magistrate Judge Burke Recommends Denial Without Prejudice of Section 101 Motion," March 29, 2019   View >
  • "Recent Developments in Delaware Corporate Law," Spring 2019   View >
  • "Judge Johnston Concludes Multi-Week Trade Secrets Trial," February 13, 2019   View >
  • "Judge Wallace Grants in Part and Denies in Part Cross Motions to Dismiss," February 13, 2019   View >
  • "Judge Davis Denies Motion to Dismiss Claims Related to Investment Banking Fee Dispute on Grounds that Plaintiff Pled Sufficient Facts," February 13, 2019   View >
  • "Judge Davis Denies Motion for Judgment on the Pleadings," February 13, 2019   View >
  • "Judge Davis Grants Motion to Dismiss and Finds that Alter Ego Liability Theories Belong in the Court of Chancery," February 13, 2019   View >
  • "Judge Carpenter Grants Partial Summary Judgment on Defense Costs and Dismisses Almost All Counterclaims," February 13, 2019   View >
  • "Complex Commercial Litigation Update," February 13, 2019   View >
  • "Judge Carpenter Presides over Multi-Day Jury Trial in which the Jury Finds in Favor of the Plaintiff," October 31, 2018   View >
  • "Judge Davis Denies Motion to Dismiss on Grounds that Factual Record Needs Further Development," October 31, 2018   View >
  • "Judge Davis Denies Defendants' Motions to Dismiss," October 31, 2018   View >
  • "Judge Wallace Grants in Part and Denies in Part Motions to Dismiss," October 31, 2018   View >
  • "Judge Wallace Grants Request for Attorneys' Fees and Refuses to Second-Guess Attorneys' Hours," October 31, 2018   View >
  • "Complex Commercial Litigation Update," October 31, 2018   View >
  • "Chief Judge Stark Denies Motion for Preliminary Injunction to Prevent Launch of Generic Product," August 24, 2018   View >
  • "Chief Judge Stark Denies Motion for Preliminary Injunction," August 24, 2018   View >
  • "Judge Andrews Denies Motion to Dismiss Amended Complaint for Failure to State a Claim," August 24, 2018   View >
  • "Chief Judge Stark Rules that Invalidity Expert Cannot View Highly Confidential Information," August 24, 2018   View >
  • "Judge Andrews Denies Motion in Limine Regarding Reference's Status as Prior Art," August 24, 2018   View >
  • "Judge Andrews Denies Daubert Motion," August 24, 2018   View >
  • "Chief Judge Stark Grants Motion to Supplement Complaint After Certificate of Correction," August 24, 2018   View >
  • "Magistrate Judge Burke Recommends Finding that Venue Defense Was Forfeited," August 24, 2018   View >
  • "Delaware Intellectual Property Law Update," August 24, 2018   View >
  • "District of Delaware Welcomes Judges Connolly and Noreika," August 10, 2018   View >
  • "Connolly and Noreika Confirmed as United States District Judges for the District of Delaware," August 2, 2018   View >
  • "Judge Wallace Denies Plaintiff's Motion to Set Judgment Amounts and Prejudgment Interest," July 24, 2018   View >
  • "Judge Davis Grants Motion for Partial Summary Judgment for a Declaratory Judgment Arising from an Insurance Policy Dispute," July 24, 2018   View >
  • "Complex Commercial Litigation Update," July 24, 2018   View >
  • "Judge Carpenter Grants Motion for Leave to File Amended Complaint Months Before Trial," July 24, 2018   View >
  • "Judge Carpenter Grants Plaintiffs' Motion for Entry of Final Judgment and Sets Prejudgment Interest," July 24, 2018   View >
  • "Judge Wallace Confirms that Negligent Misrepresentation Claims May Only Be Brought in the Court of Chancery," July 24, 2018   View >
  • "Delaware Superior Court Adds Judge LeGrow to Complex Commercial Litigation Division Panel," June 21, 2018   View >
  • "Chief Judge Stark Denies Request to Compel Defendant to Produce Documents from Third Parties," June 14, 2018   View >
  • "Chief Judge Stark Grants in Part Motion to Dismiss," June 14, 2018   View >
  • "Magistrate Judge Burke Grants Motion to Compel Production of Sales Records but Grants Protective Order," June 14, 2018   View >
  • "Magistrate Judge Fallon Denies Motions to Stay," June 14, 2018   View >
  • "Chief Judge Stark Grants Leave to Assert Inequitable Conduct Defense and Counterclaim," June 14, 2018   View >
  • "Judge Sleet Grants Motions to Dismiss Declaratory Judgment Claim," June 14, 2018   View >
  • "Chief Judge Stark Orders Production of Defendants' Sales Data," June 14, 2018   View >
  • "Magistrate Judge Fallon Denies Motion to Quash for Lack of Standing," June 14, 2018   View >
  • "Judge Stark Consolidates Pending Litigation with Lawsuit Transferred to District of Delaware," June 14, 2018   View >
  • "Delaware Intellectual Property Law Update," June 14, 2018   View >
  • "Magistrate Judge Burke Recommends Granting Motion for Summary Judgment of No Infringement," May 9, 2018   View >
  • "Delaware Intellectual Property Law Update," May 9, 2018   View >
  • "Chief Judge Stark Denies Motion for Preliminary Injunction and Grants Motion to Dismiss Indirect Infringement and Willfulness," May 9, 2018   View >
  • "Magistrate Judge Burke Permits Deposition of Claim Construction Declarant," May 9, 2018   View >
  • "Chief Judge Stark Invalidates Patent Under Section 101," May 9, 2018   View >
  • "Magistrate Judge Fallon Denies Motion to Compel Deposition and Production of Communications with Third-Party Deponent," May 9, 2018   View >
  • "Chief Judge Stark Denies Motion to Enter Final Judgment," May 9, 2018   View >
  • "Judge Carpenter Considers Enforceability of Liquidated Damages Provision and Pleading Standards for Fraudulent Inducement Claims," April 26, 2018   View >
  • "Complex Commercial Litigation Update," April 26, 2018   View >
  • "Judge Davis Considers Issues of Collateral Estoppel in Insurance Coverage Dispute Resulting from Court of Chancery Litigation," April 26, 2018   View >
  • "Judge Johnston Grants Motion to Dismiss in Case Arising from Embezzlement Scheme," April 26, 2018   View >
  • "Judge Carpenter Grants Motion to Dismiss Breach of Contract Claim after Finding Defendant Presented the Only Reasonable Interpretation of Contractual Language," April 26, 2018   View >
  • "Special Discovery Master Resolves Discovery Issues Concerning Sufficiency of Document Production and Contention Interrogatories," April 26, 2018   View >
  • "Chief Judge Stark Orders that Voluntary Dismissal Be with Prejudice," April 3, 2018   View >
  • "Delaware Intellectual Property Law Update," April 3, 2018   View >
  • "Magistrate Judge Fallon Denies Request to Re-Assign Case," April 3, 2018   View >
  • "Magistrate Judge Burke Grants in Part Motion to Stay Pending Inter Partes Review," April 3, 2018   View >
  • "Chief Judge Stark Finds Patent Not Enabled on Renewed Motion for Judgment as a Matter of Law," April 3, 2018   View >
  • "Judge Andrews Overrules Objections to Special Master's Order Finding Litigation Financing Communications Not Privileged," April 3, 2018   View >
  • "Judge Andrews Invalidates Patent Under Section 101," April 3, 2018   View >
  • "Judge Andrews Grants Summary Judgment of No Willful Infringement and No Enhanced Damages," April 3, 2018   View >
  • "Magistrate Judge Burke Orders Narrowing of Claims and Prior Art," April 3, 2018   View >
  • "Recent Developments in Delaware Corporate Law," Spring 2018   View >