Morris James LLP is Named a "Go-To Law Firm" for the Nation's Fortune 500 Companies

Posted on November 23, 2010 by Morris James Delaware
Recognizing the firm's strength in intellectual property litigation, Corporate Counsel magazine has named Morris James a “Go-To Law Firm for the Top 500 Companies.”  Go-To Law Firms are chosen from an American Lawyer Media national survey of general counsel from the top Fortune 500 companies and through research in various key databases.  The firm’s recognition will be published in the 8th Annual Edition of In-House Law Departments at the Top 500 Companies.

The Morris James Intellectual Property Litigation Group provides out-of-state firms and their clients help in navigating the Delaware court system. The Group combines its on-the-ground, technical and trial experience to address the complex intellectual property protection issues moving global markets today. They represent clients in complex disputes involving patents, trade secrets, trademarks, copyrights, unfair competition, and antitrust issues and have successfully litigated cases in all areas of technology in the Delaware District Court, the Delaware Court of Chancery and Superior Court, and federal courts throughout the country, including the Court of Appeals for the Federal Circuit.
 
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Retention of Committee Counsel Denied For Defective Disclosure Under 2014(a); Court Determines Facts Suggest Improper Solicitation Of Creditors And Urges U.S. Trustee To Review Process Of Committee Formation Meetings

Posted on November 11, 2010 by Morris James Delaware

In re Universal Building Products, Case No. 10-12453 (MFW), Mem. Op. (November 4, 2010)

Following a meeting to form an official committee of unsecured creditors in this case, the committee selected two law firms to act as committee co-counsel.  The proposed counsel filed retention applications and initial declarations pursuant to FRBP 2014.  The Debtor objected to the firms’ retention on the basis that counsel had improperly solicited creditors and proxy holders prior to the formation meeting, and failed to disclose such contacts in their respective disclosures.  The U.S. Trustee asserted similar objections.  Following discovery, briefing and an evidentiary hearing, Judge Mary F. Walrath concluded that the facts suggested that the firms had improperly solicited creditors for their votes at the formation meeting.  The Court also found the respective disclosures filed by the firms to be deficient, and held that such deficiencies were not cured by subsequent disclosures.

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Morris James LLP Receives "Award of Excellence" From The Marvin S. Gilman Superstars in Business Awards Sponsored by the DSCC

Posted on November 4, 2010 by Morris James Delaware

We are very pleased to receive this honor from the Delaware State Chamber of Commerce," said David H. Williams, Managing Partner of Morris James LLP, "Our firm is deeply rooted in Delaware and we are committed to providing our community with top-tier legal services.”

The Marvin S. Gilman Superstars in Business Award, named for one of Delaware’s leading small business entrepreneurs, honors businesses and non-profit corporations for their outstanding achievements and model approaches to business and management. The awards are presented to companies that have been in business for at least three years, are small businesses based on number of employees, and are members of the Delaware State Chamber of Commerce. Awards of Excellence are also granted to deserving companies.

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Four Morris James Attorneys Selected By Their Peers As "Top Lawyers" In Delaware Today Magazine

Posted on November 4, 2010 by Morris James Delaware

Morris James is pleased to congratulate the lawyers listed below who were the most recommended by their professional peers, as determined by a Delaware Today survey of Delaware attorneys.

Gretchen S. Knight
Divorce
Family Law

Mary M. Culley
Elder Law

Keith E. Donovan
Personal Injury
(Dover Office)

Jill S. Di Sciullo
Family Law

To view the entire list of "Top Lawyers", please click here.

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District Court Affirms That Mutuality Requirement For Setoff Under 11 U.S.C. § 553 Cannot Be Supplied By A Multi-Party Agreement Contemplating A Triangular Setoff

Posted on November 1, 2010 by Morris James Delaware

Chevron Prods. Co. v. SemCrude, L.P., Case No. 08-11525 (BLS), C.A. No. 09-288 (JJF) (April 30, 2010) (J. Farnan)

Chevron Products Company (“Chevron”) sought relief from the automatic stay (the “Motion for Relief From Stay”) to exercise its contractual right to setoff against certain claims and debts with SemCrude, L.P., SemFuel, L.P., and SemStream, L.P. (collectively the “Debtors”).  On January 9, 2009, the Bankruptcy Court for the District of Delaware (“Bankruptcy Court”), in an order by Judge Shannon, denied the relief sought, holding that no exception to the “mutuality” requirement under § 553 applied.  Chevron filed a motion for reconsideration (the “Motion for Reconsideration”), raising for the first time the safe harbor protections provided under 11 U.S.C. §§ 362(b)(6), (17), (27), 556, 560, and 561.  On March 19, 2009, the Court denied Chevron’s Motion for Reconsideration. 

On Appeal, the District Court held that the Bankruptcy Court correctly denied both the Motion for Relief From Stay and the Motion for Reconsideration.

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