Kathy focuses on representing clients in corporate litigation and commercial bankruptcies. Her experience includes litigating matters in the Court of Chancery involving control contests, breach of fiduciary duty actions, books and records actions, advancement and indemnification disputes, receivership/custodian issues and non-compete disputes. She also represents businesses and individuals in dispute in the Superior Court of Delaware. Kathy has tried cases in all of Delaware’s trial courts and successfully argued before the Delaware Supreme Court and the Third Circuit Court of Appeals.
She also regularly represents creditors in bankruptcy courts across the country. In addition, Kathy has served as a Chapter 11 and Chapter 7 trustee in Delaware bankruptcy cases and is an approved mediator on the Register of Mediators for the United States Bankruptcy Court for the District of Delaware.
Kathy holds an AV Preeminent® rating from Martindale-Hubbell and has been recognized as a Fellow by the Litigation Counsel of America. Additionally, Kathy has been recognized by Best Lawyers Business Edition, Women in the Law 2019, for Bankruptcy & Creditor Debtor Rights / Insolvency & Reorganization Law, in the Wilmington, Delaware Area. Most recently, Kathy was recognized in the 2020 Edition of The Best Lawyers in America for litigation – Bankruptcy.
Prior to joining the firm, Kathy clerked in the Delaware Court of Chancery for then Vice Chancellor Maurice A. Hartnett III.
Kathy’s recent experience includes:
- Successfully trying the first case under recently enacted Section 205 of the Delaware General Corporation Law, validating the issuance of stock previously determined to be void, resulting in clients gaining control of the company. In re Numoda Corp. S’holders Litig., 2015 WL 402265 (Del. Ch. Jan. 30, 2015).
- Successfully obtaining an order appointing a custodian of a Delaware corporation that was deadlocked. Mottl v. Mottl, 2014, Del. Ch., Case No. 10090-VCG.
- Succeeding in defeating the Special Committee’s motion to dismiss breach of fiduciary duty action against directors. London v. Tyrrell, 2010 WL 877528 (Del. Ch. Mar. 11, 2010).
- Testified before the American Bankruptcy Institute Commission to Study the Reform of Chapter 11 on issues relating to Section 503(b)(9).