Our ADR Services

Bankruptcy

Stephen M. Miller, with over 27 years of sophisticated bankruptcy practice, acts as a mediator for the United State Bankruptcy Court for the District of Delaware. In addition to mediating avoidance actions (preference and fraudulent transfer matters), he is available to mediate commercial disputes, whether involving a transaction or litigation.
Practice Contacts: Stephen M. Miller

Commercial

Our attorneys regularly mediate and arbitrate almost every type of business dispute. Those include contract disputes, as well as various business tort claims, such as unfair competition. We are also able to serve as arbitrators or party neutral under the new Delaware Rapid Arbitration Act. Our lawyers have served at the request of the Delaware Superior Court on several committees dealing with litigation before that Court, including the Delaware Business Court Committee and the Special Committee on Toxic Tort Litigation. Our commercial ADR practice is headed by these experienced attorneys. 
Practice Contacts: David J. Soldo

Corporate

Our attorneys have extensive experience dealing with disputes arising under the Delaware General Corporation Law, the various Delaware alternative entities laws (LLCs, limited partnerships) and agreements among stockholders and members of those entities. Those disputes include: Post-merger adjustments under earnout and other merger agreement provisions; defense cost advancement requests by officers and directors; indemnification requests by officers and directors; stock or entity valuations under stockholder or other agreements; owner disputes in closely-held entities, such as joint ventures or private equity deals. Our corporate dispute ADR practice is headed by these experienced attorneys.
Practice Contacts: P. Clarkson Collins, Jr., Lewis H. Lazarus

eDiscovery

Our eDiscovery practice has extensive experience in dealing with all issues arising out of the discovery of electronically stored information, including resolving disputes over scope and reasonableness of discovery requests. eDiscovery is an evolving field that goes beyond technology into multiple legal, security, and privacy issues. Morris James has taken a leadership role in this area and has developed a system employed firm-wide for a seamless and efficient eDiscovery system. We have participated in the drafting of the Delaware District Court Default Standards, as well as eDiscovery rules and guidelines in the other Delaware Courts.
Practice Contact: Richard K. Herrmann

Employment

Appropriately drafted employment agreements permit employers to take advantage of Delaware’s new Rapid Arbitration Act (“Act”) if the parties clearly agree to use the Act to resolve disputes.  Appropriately crafted agreements will typically permit workforce management issues to be concluded promptly and with less expense and uncertainty than litigants face in Federal or State litigation. The Act will have particular appeal in litigating wage and benefits claims and claims of discrimination and retaliation under the Americans with Disabilities Act, Age Discrimination in Employment Act, and Title VII of the Civil Rights Act.  Wise employer representatives know that it is important to consult with counsel before assuming that an agreement to arbitrate will be enforceable, because mandatory arbitration provisions that take advantage of the Act must not overreach or be so one-sided that a court will not compel arbitration. 
Practice Contacts: David H. Williams, James H. McMackin, III

Family Law

Our family law attorneys possess substantial experience in all aspects of family law. Our legal experience includes a full range of issues related to divorce and its ancillary matters of property division and alimony.  Over the years, our attorneys have negotiated and drafted many premarital agreements and frequently represent clients in matters related to custody, visitation, child support, guardianship, and step-parent adoptions.
Practice Contact: Gretchen S. Knight

Intellectual Property

Our intellectual property attorneys actively practice patent litigation in the United States District Court for the District of Delaware, and represent clients in a broad range of intellectual property disputes across numerous industries, including pharmaceuticals, telecommunications, automotive, biomedical, electronics, internet, and software development, among others. Our attorneys have also acted as counsel in other litigation concerning copyrights, trade secrets, trademarks, and antitrust disputes. 
Practice Contact: Kenneth L. Dorsney

Personal Injury

Our Delaware personal injury attorneys handle a wide range of matters, including claims arising from injuries caused by auto accidents, dangerous products, wrongful death, slip and fall accidents, auto, trucking, and motorcycle accidents, workers’ compensation, and property owner negligence. We also have experience representing both insured and self-insured companies in defending personal injury matters, as well as representing insurance companies in the defense of injury claims. Our attorneys have experience and training in alternative dispute resolution and are frequently selected as arbitrators and mediators.
Practice Contacts: Francis “Pete” J. Jones, Jr., Keith E. Donovan, David J. Soldo