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
Associate
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
Associate
302.651.7550
rawnsley@rlf.com
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Publications

  • "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 CCLD 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 >
  • "Judge Sleet Grants Defendants' Motion for Leave to File Motion for Summary Judgment of Noninfringement," December 15, 2016   View >
  • "Judge Andrews Denies Parties' Motions in Limine to Preclude Evidence on Claim Construction," December 15, 2016   View >
  • "Judge Sleet Grants and Denies in Part Defendant's Motion to Dismiss," December 15, 2016   View >
  • "Judge Robinson Finds One Patent Invalid as Obvious, Another Not Invalid ," December 15, 2016   View >
  • "Judge Andrews Grants Motion to Compel Discovery," December 15, 2016   View >
  • "Judge Robinson Grants Motion to Dismiss and Denies Motion for Declaratory Judgment," December 15, 2016   View >
  • "Judge Robinson Denies Defendants' Motions for Judgment on the Pleadings," December 15, 2016   View >
  • "Delaware Intellectual Property Law Update," December 15, 2016   View >
  • "Judge Robinson to Take Senior Status," November 3, 2016   View >
  • "Chief Judge Stark Denies Motion for Attorneys' Fees," November 3, 2016   View >
  • "Chief Judge Stark Denies Motion for Attorneys' Fees a Second Time," November 3, 2016   View >
  • "Chief Judge Stark Denies Motion for Judgment on the Pleadings of Collateral Estoppel," November 3, 2016   View >
  • "Judge Andrews Grants Motion for Damages, Fees, and Costs for Breach of Indemnification Agreement," November 3, 2016   View >
  • "Chief Judge Stark Denies 101 Motions in Two of Three Decisions Issued in One Day," November 3, 2016   View >
  • "Judge Andrews Finds One Patent Not Invalid, Another Patent Obvious in ANDA Case," November 3, 2016   View >
  • "Judge Sleet Denies 101 Motion," November 3, 2016   View >
  • "Judge Robinson Denies Motion for Transfer," November 3, 2016   View >
  • "Magistrate Judge Burke Resolves Disputes over Identification of Accused Products and Production of Core Technical Documents," November 3, 2016   View >
  • "Delaware Intellectual Property Law Update," November 3, 2016   View >
  • "Judge Robinson Grants Motion to Amend Pleadings," October 5, 2016   View >
  • "Judge Dyk Denies Motion for Relief from Judgment," October 5, 2016   View >
  • "Judge Andrews Grants in Part and Denies in Part Motion to Preclude Expert Testimony at ANDA Bench Trial," October 5, 2016   View >
  • "Judge Sleet Denies Defendant's 101 Motion," October 5, 2016   View >
  • "Magistrate Judge Burke Imposes Deadlines to Narrow Asserted Claims and Invalidity References," October 5, 2016   View >
  • "Judge Sleet Denies Motion to Dismiss for Lack of Subject Matter Jurisdiction," October 5, 2016   View >
  • "Delaware Intellectual Property Law Update," October 5, 2016   View >
  • "Judge Andrews Grants Motion for Judgment on the Pleadings Under Section 101," September 1, 2016   View >
  • "Chief Judge Stark Clarifies His Order Granting Summary Judgment of Non-Infringement," September 1, 2016   View >
  • "Chief Judge Stark Issues Post-Trial ANDA Decision," September 1, 2016   View >
  • "Judge Robinson Denies Summary Judgment but Grants Adverse Inference Regarding Infringement," September 1, 2016   View >
  • "Chief Judge Stark Denies Parties' Motions to Strike Expert Reports," September 1, 2016   View >
  • "Judge Andrews Denies Motions to Exclude Expert Witnesses in a Bench Trial," September 1, 2016   View >
  • "Chief Judge Stark Denies Plaintiff's Motion for Sanctions," September 1, 2016   View >
  • "Judge Andrews Dismisses Request for Attorneys' Fees Without Prejudice," September 1, 2016   View >
  • "Judge Robinson Denies Motion to Dismiss for Lack of Personal Jurisdiction," September 1, 2016   View >
  • "Chief Judge Stark Rules from the Bench on Certain Case Dispositive Motions and Motion for Sanctions, Reserves Decision on Others," September 1, 2016   View >
  • "Delaware Intellectual Property Law Update," September 1, 2016   View >
  • "Judge Robinson Denies Motion for Preliminary Injunction in Trademark Case," August 18, 2016   View >
  • "Judge Sleet Denies Motion to Transfer Under Section 1404(A)," August 18, 2016   View >
  • "Judge Sleet Awards Over $900,000 in Fees for Exceptional Case," August 18, 2016   View >
  • "Chief Judge Stark Denies Motion for Summary Judgment of Laches," August 18, 2016   View >
  • "Judge Robinson Partially Grants Request for Costs," August 18, 2016   View >
  • "Judge Robinson Denies Motion to Reconsider Denial of Transfer," August 18, 2016   View >
  • "Chief Judge Stark Limits Access to Confidential Information to Legal Counsel," August 18, 2016   View >
  • "Magistrate Judge Burke and Chief Judge Stark Allow Early Claim Construction of One Term," August 18, 2016   View >
  • "Magistrate Judge Burke Compels More Detail in Infringement Contentions," August 18, 2016   View >
  • "Judge Sleet Grants Motion for Judgment on the Pleadings Under Alice," August 18, 2016   View >
  • "Judge Sleet Sua Sponte Strikes Letter Requesting Teleconference ," August 18, 2016   View >
  • "Judge Sleet Notes Challenges in Trying Antitrust and Patent Claims Together," August 18, 2016   View >
  • "Delaware Intellectual Property Law Update," August 18, 2016   View >
  • "Judge Andrews Clarifies Specifics of Fee Award under Section 285," July 12, 2016   View >
  • "Judge Robinson Accepts in Part and Rejects in Part the Magistrate Judge's Opinion on Motions to Dismiss," July 12, 2016   View >
  • "Judge Andrews Adopts Special Master's Ruling on Motions to Strike," July 12, 2016   View >
  • "Judge Andrews Grants Request to Intervene," July 12, 2016   View >
  • "Judge Sleet Grants Motion to Dismiss," July 12, 2016   View >
  • "Judge Sleet Denies Request to Reconsider Claim Construction ," July 12, 2016   View >
  • "Delaware Intellectual Property Law Update," July 12, 2016   View >
  • "Judge Andrews Denies in Part Parties' Request to Redact a Hearing Transcript," June 8, 2016   View >
  • "Judge Andrews Strikes Unused Exhibits From the Trial Record," June 8, 2016   View >
  • "Judge Robinson Grants Section 101 Motion to Dismiss for Unpatentable Subject Matter," June 8, 2016   View >
  • "Judge Andrews Imposes Prosecution Bar and Covenant Not to Sue on a Non-Practicing Entity's Executives and In-House Counsel," June 8, 2016   View >
  • "Judge Robinson Orders Defendants to Show Cause Why They Should Not Be Precluded from Using Information Provided by Foreign Parent Company," June 8, 2016   View >
  • "Magistrate Judge Burke Grants in Part Defendant's Section 101 Motion to Dismiss after Claim Construction Hearing," June 8, 2016   View >
  • "Judge Sleet Appoints Special Master for Motion to Disqualify Counsel," June 8, 2016   View >
  • "Judge Andrews Invalidates Defendant's Patent-in-Suit as Directed to an Abstract Idea," June 8, 2016   View >
  • "Judge Sleet Partially Grants Motion for Fees and Costs under Section 285," June 8, 2016   View >
  • "Delaware Intellectual Property Law Update," June 8, 2016   View >
  • "Delaware Intellectual Property Law Update," May 12, 2016   View >
  • "Judge Robinson Orders Hearing to Determine Whether the Parties Have Identified the Accused Products in the Case," May 12, 2016   View >
  • "Judge Robinson Denies Delaware Corporation's Motion to Transfer," May 12, 2016   View >
  • "Judge Burke Declines to Assert Personal Jurisdiction over Texas LLC," May 12, 2016   View >
  • "Judge Robinson Finds Personal Jurisdiction over Washington Company but Grants Motion to Transfer Due to Undue Burden," May 12, 2016   View >
  • "Judge Robinson Denies Motion for Attorneys' Fees after Invalidating Patents-in-Suit under Section 101," May 12, 2016   View >