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Delaware is the leading national venue for Chapter 11 bankruptcy cases and related litigation, routinely is one of the top venues for patent litigation, and is home to the renowned Court of Chancery. Not surprisingly, the Wilmington office boasts a national practice in both Bankruptcy, Restructuring, and Creditors’ Rights as well as Intellectual Property Law, and also serves clients in corporate and commercial matters before the Court of Chancery and state and federal courts throughout the mid-Atlantic region.
Bankruptcy, Restructuring, and Creditors’ Rights
To better serve clients in this practice area, Womble Carlyle opened its Wilmington, Delaware, office in 2006. Bankruptcy, Restructuring, and Creditors’ Rights is one of the central focuses of the Wilmington office. The team includes attorneys with decades of experience assisting clients in bankruptcy, restructuring, and workout matters and accompanying litigation.
The Wilmington team, working in conjunction with the Bankruptcy, Restructuring, and Creditors’ Rights attorneys in the firm’s other offices, is a deep and talented group, with the bench strength and resources to represent its clients in even the largest Chapter 11 matters. Our veteran attorneys are well-known to the Delaware bankruptcy bench, as well as bar members, government officials, and business leaders in the state.
Members of the Wilmington restructuring team are experienced in litigating contested chapter 11 confirmation proceedings, lender liability claims, preferences and fraudulent transfers, non-dischargeability actions, setoff and recoupment, subordination, re‑characterization of debt as equity, adequate protection, priority claims, debtor-in-possession financing issues, valuation disputes, automatic stay and Section 105 injunctions, and many other contested matters and adversary proceedings before Bankruptcy Courts, as well as during all levels of appeals.
Intellectual Property/IP Litigation
The Wilmington office boasts an experienced team of Intellectual Property attorneys who, along with attorneys from other Womble offices, aggressively and successfully represent large and mid-sized companies in a wide range of potential and actual patent disputes.
Representative areas include IP litigation before district courts throughout the country, IPR proceedings before the USPTO, licensing, counseling, opinion and due diligence work, and contractual matters involving IP.
Our IP attorneys represent clients as both lead and Delaware counsel and routinely appear before the patent-savvy district and magistrate judges in the U.S. District Court for the District of Delaware in both capacities. The Wilmington IP practice focuses on complex Hatch-Waxman (ANDA) litigation on behalf of branded pharmaceutical companies, but these IP attorneys also have a wealth of experience in medical device, biotechnology, chemical, energy, commercial products, electronics, and software matters, to name a few.
The Wilmington office’s Business Litigation group is well-equipped to handle both litigation and transactional services in each of Delaware’s state courts, including high-stakes litigation in the Court of Chancery. Litigation in the Court of Chancery frequently proceeds on an expedited basis to efficiently resolve stockholder voting issues, preliminary injunctions, and other summary proceedings--all of which require knowledge of the Court’s procedures and experience handling fast-tracked actions. Our Delaware business litigation attorneys practice strictly in the State of Delaware and can provide up-to-the-minute updates concerning legal issues that are central to corporate and commercial practice in the State.
The firm provides both lead counsel and Delaware counsel services for corporate and commercial actions that range from breaches of fiduciary duties, indemnification and advancement issues, complex securities class action litigation, books and records demands, receivership issues, contract law, and business tort claims. Our business litigators have also tried cases involving the Occupational Safety and Health Act (OSHA), constitutional rights under both the Delaware and United States Constitutions, and commercial sales subject to the Uniform Commercial Code. We work closely with corporate clients, their boards and executive leadership, and their legal teams to prosecute and defend disputes.
The ability of a team of Womble Carlyle attorneys to defeat a TRO motion over a weekend was so impressive they not only earned kudos from the client but the judge as well.
Attorneys and staff members from the firm’s Wilmington office once again took part in the Delaware State Bar Association’s Dr. Martin Luther King, Jr. Statewide Day of Service on January 16th.
A Womble Carlyle Bankruptcy Team is guiding Scout Media Inc. in its Chapter 11 case in U.S. Bankruptcy Court.
The workshop takes place Aug. 4-6 in Cambridge, MD.
The seminar took place April 15-16 in Durham.
The CLE Seminar takes place February 5th.