Elliott Greenleaf’s Delaware office includes highly experienced and accomplished lawyers and professional staff, who are all intimately familiar with the practice and procedure in Delaware’s federal and state courts and throughout Delaware’s administrative agencies, including the Delaware Secretary of State and the Delaware Department of Insurance.
Our Delaware office can navigate through the unique customs and practice of one of the world’s busiest and innovative legal communities. Our lawyers and paralegals can move seamlessly through any court in Delaware and have experience and expertise in the United States Bankruptcy Court for the District of Delaware, the Delaware Court of Chancery, Delaware Supreme Court, Complex Commercial Litigation Division for Superior Court, and the United States District Court for the District of Delaware.
The Firm is in distinct company, among Delaware firms, in that it is adaptable and comfortable in being either lead counsel, co-counsel, or special counsel on any and all substantive matters before any of the Delaware Courts, as well as being trusted Delaware counsel with strategic knowledge of the Courts and both their written procedures as well as unwritten customs and practices. Our firm has a national reach in many practice areas, including our Commercial Bankruptcy and Restructuring and Commercial Litigation Practices, but many of the world’s largest business disputes take place in Delaware.
The United States United States District Court for the District of Delaware has a significant role in intellectual property litigation over patents, trademarks, copyrights and trade secrets and the Court of Chancery has a healthy practice involving trade secrets, especially with respect to employment disputes. Elliott Greenleaf’s lawyers regularly practice in these Courts and have been at the forefront of the intersection between intellectual property litigation and other areas of the law. Elliott Greenleaf lawyers have worked with multiple lawyers outside the jurisdiction managing litigation related to pending or imminent inter partes review proceedings before the United States Patent and Trademark Office. Elliott Greenleaf also routinely represents employers and employees in the Court of Chancery related to restrictive covenants, such as non-competition clauses, including disputes related to the theft or transfer of intellectual property.
The Delaware Court of Chancery is the premier venue in the nation for the resolution of corporate matters. Activity in the Chancery Court is fueled by its highly rated judges and its status as a respected specialized business court. Delaware’s reputation as a jurisdiction of choice for incorporations and the creation of alternative business entities such as limited liability companies, statutory trusts, and limited partnerships, also makes the Chancery Court a venue of choice. The Delaware Court system has been recognized by the U.S. Chamber of Commerce’s Institute for Legal Reform as the top judiciary in the country for over a decade. Our lawyers have been involved in several seminal Chancery and Delaware Supreme Court cases, both as judicial clerks and as litigants, as well as having settled multiple matters before they ever reached the Chancery or Superior Court.
The United States Bankruptcy Court for the District of Delaware has been a venue of choice for large complex bankruptcies since 2000. Elliott Greenleaf’s lawyers in Delaware have broad experience in all aspects of bankruptcy law, including creditor committee and unsecured creditor, debtor, and secured creditor representations. The firm has been special litigation counsel in some of the largest bankruptcies in world. Significantly, the firm’s role in the Washington Mutual case resulted in a global settlement of $4 billion. The Wall Street Journal reported that as the case progressed, the total amount in controversy including tax refunds, intellectual property, and contractual rights, pushed the total value at stake to more than $10 billion. The firm also secured a significant recovery for the long term disabled employees in Nortel of over $50 million, serving as lead counsel to the Official Committee appointed to represent those workers in the Nortel bankruptcy proceedings in the United States. The firm has won multiple awards for its work in commercial bankruptcy cases, including the Large Company Transaction of the Year Award in 2014 from the Turnaround Management Association for the In re AgFeed bankruptcy. The Elliott Greenleaf bankruptcy practice can handle transactional matters, litigation, recovery, cross border, and virtually all other matters both in insolvency or regarding distressed companies outside insolvency. Our lawyers can assist you whether your client or company has hit troubled times or their vendors, trading partners, and other strategic members of their supply chain have become distressed.
Elliott Greenleaf lawyers, decades before the legal industry trends, have a tradition of being shareholder led, providing personal service, and providing “value added” legal services, in terms of both staffing and results to its clients. Three of Elliott Greenleaf attorneys, Rafael Zahralddin, Shelley Kinsella, and Jonathan Stemerman, are certified Lean Six Sigma Greenbelts. Elliott Greenleaf attorneys know how to manage projects, in a cost-efficient manner that maximizes value for the client. Working through the Delaware Manufacturing Extension Partnership, or DEMEP, Elliott Greenleaf became the first service provider, and the first private law office in Delaware, to become Six Sigma certified. Several paralegals and lawyers have also completed training in the Lean Enterprise Program to improve the efficiency of the firm’s delivery of services to clients. Rafael Zahralddin, the Chair of the firm’s bankruptcy practice, was the Co-Chair of the American Bar Association Business Bankruptcy Committee Task Force assigned to study and comment upon the United States Trustee Proposed Fee Guidelines. In that capacity, Mr. Zahralddin specifically proposed comments to the United States Trustee’s program on controlling costs using special litigation counsel, conflicts counsel, and alternative fees for large chapter 11s.
Elliott Greenleaf, primarily, but not exclusively through their Delaware office, also has significant cross border experience representing clients from Canada, Europe, Asia, Latin America, and the Caribbean. The firm is the exclusive Delaware member of IR Global®, one of the world’s largest international professional service networks of independent legal, accountancy, and financial advice. With our membership in IR Global, our firm, and our clients, have access to strategic legal and business expertise in over 155 jurisdictions and across 70 significant areas of practice for businesses. Over the last decade, IR Global has grown to 1000 members worldwide. Like Elliott Greenleaf, IR Global member firms are the highest quality boutique and mid-sized firms who are comfortable providing service to both the mid-market and multinational enterprises, and are focused on partner led, personal service and have extensive cross border experience. IR Global is recognized by both the Legal 500 and Chambers and Partners.