Robert J. Katzenstein

Attorney Profile

As a litigator before the Court of Chancery, Bob has handled contests involving the control of corporations and partnerships, stockholder derivative actions, stock list cases and contract cases.

Bob has extensive experience litigating cases in Superior Court, and in particular the Complex Commercial Litigation Division (“CCLD”) of that Court.  Bob is an original member of the CCLD Advisory Committee, which recommended the CCLD policies and procedures.  His Superior Court experience includes commercial, insurance coverage and liability cases.

A member of the panel of commercial arbitrators of the American Arbitration Association, Bob has extensive experience as an arbitrator and mediator.

Bob has represented insurers in several high profile insurance coverage cases, including claims involving directors and officers coverage, opioid claims, and cases involving toxic waste,  product liability and professional liability claims.

Bob began his career as a trial attorney with the United States Department of Justice in Washington, D.C., where he handled civil and criminal cases for several consumer protection agencies.

Bob holds an AV Preeminent® rating from Martindale-Hubbell (1987-2022), has been named to the Delaware Super Lawyers^® list (2007-2022) and is listed in The Best Lawyers in America^® (2007-2022).

Experience

• On February 22, 2022, a Delaware Superior Court jury found that Conduent State Healthcare, LLC, engaged in insurance fraud and bad faith in its $236 million settlement of claims by the State of Texas under the Texas Medicaid Fraud Prevention Act.  Conduent sued its insurers in Delaware for coverage of the settlement.  The insurers raised several affirmative defenses to coverage, including fraud and bad faith.  The jury also found that Conduent breached its duties under the policy to cooperate and to seek written consent in connection with the settlement. During the seven day trial, Bob Katzenstein and co-counsel Neal Glazer and Izak Weintraub  of London Fischer represented ACE American Insurance Company, a Chubb company.  AIG, the primary insurer, was represented by Quinn Emanuel, Mayer Brown and DLA Piper.In the settled case, Texas had sued Conduent under the Texas Medicaid Fraud Prevention Act for $2 billion in civil penalties and treble damages for having allegedly misrepresented to Texas the thoroughness of it review of prior authorization applications for Medicaid orthodontic services. The Medicaid settlement was the largest Medicaid fraud settlement ever obtained by the Texas Attorney General’s Office.
• In a case of first impression in Delaware, the Superior Court, applying the Full Faith and Credit clause of the U. S. Constitution, denied motion to dismiss client’s registration of Arizona judgment under the Uniform Enforcement of Foreign Judgments Act, even though the Canadian judgment upon which the Arizona judgment was based could not have been domesticated under the Uniform Foreign-Country Money Judgment Recognition Act.  The Delaware Supreme Court affirmed.
• Lead trial counsel in successful case against largest class member that refused to pay its share of attorneys’ fees. Smith, Katzenstein & Jenkins LLP v. Fidelity Management & Research Co., 2014 WL 1599935 (Del. Ch. Apr. 16, 2014).
• Won summary judgment for insurer in coverage case, based upon attorney professional liability policy exclusion of any dispute over fees or costs.
• Won dismissal of defendant in helicopter fatality case based on lack of personal jurisdiction.
• Obtained dismissal on ground of no personal jurisdiction with respect to declaratory judgment action concerning buy-sell provision of limited liability company agreement.