webmaster – Results That Matter

Ashby & Geddes Attorneys Selected For Inclusion in The Best Lawyers in America© 2018

Ashby & Geddes is proud to announce that its attorneys were once again selected by their peers for inclusion in the 24^th edition of The Best Lawyers in America^©. The attorneys and their respective fields of practice include: Steven J. Balick (Litigation – Patent), Stephen E. Jenkins (Commercial Litigation and Corporate Law), and William P. Bowden (Bankruptcy and Creditor Debtor Rights / Insolvency and Reorganization Law).

Since it was first published in 1983, Best Lawyers® has become universally regarded as the definitive guide to legal excellence. Best Lawyers lists are compiled based on an exhaustive peer-review evaluation. Over 83,000 leading attorneys globally are eligible to vote, and they have received more than 13 million votes to date on the legal abilities of other lawyers based on their specific practice areas around the world. For the 2017 Edition of The Best Lawyers in America©, 7.3 million votes were analyzed, which resulted in almost 55,000 leading lawyers being included in the new edition. Lawyers are not required or allowed to pay a fee to be listed; therefore inclusion in Best Lawyers is considered a singular honor. Corporate Counsel magazine has called Best Lawyers “the most respected referral list of attorneys in practice.”

Eleven Ashby & Geddes Lawyers Are Identified as Leading Individuals in Chambers USA: America’s Leading Lawyers for Business (2017)

The 2017 edition of Chambers USA: America’s Leading Lawyers for Businesshas recognized eleven Ashby & Geddes attorneys as “Leading Individuals” in their respective areas of practice: Andrew D. Cordo (Chancery), Steven J. Balick (Intellectual Property), William P. Bowden (Bankruptcy/Restructuring), John G. Day (Intellectual Property), Catherine A. Gaul (Chancery), Stephen E. Jenkins (Chancery), Tiffany Geyer Lydon (Intellectual Property), Andrew C. Mayo (Intellectual Property), Ricardo Palacio (Bankruptcy/Restructuring), Karen B. Skomorucha Owens (Bankruptcy/Restructuring), and Philip Trainer, Jr. (Chancery). In addition, the firm was ranked for excellence in three of its practice areas: Bankruptcy/Restructuring, Chancery, and Intellectual Property.

Ashby & Geddes’ Bankruptcy/Restructuring practice is “[e]steemed” for its work with “both debtors and creditors, and noted for its substantial creditors’ committee and creditors’ rights expertise.” Head of the group, Bill Bowden, is noted for being “fantastic to deal with,” while Rick Palacio was described as a “smart guy with a nice disposition” who handles a range of bankruptcy matters, and Karen Owens was noted as being “remarkably talented” and as possessing a “great relationship with judges.”

The firm’s Chancery practitioners are a “highly recommended team with a strong track record in the court of Chancery.” Steve Jenkins was noted as being “extremely smart” and “very well respected by the judges,” while Lee Trainer has an “encyclopedic knowledge of Delaware corporate disputes.” Catherine Gaul is “terrific: incredibly personable and very smart,” and Andrew Cordo is praised for his broad range of experience in corporate and commercial disputes.

Chambers describes Ashby & Geddes’ Intellectual Property attorneys as providing “excellent client service” and as being a “go-to firm in Delaware.” Steve Balick is a seasoned practitioner who has a “very strong reputation in the market,” while John Day “is very responsive, very knowledgeable, and possesses very good tactical judgment.” Tiffany Lydon “is well versed in handling disputes in a wide range of industries,” and Andrew Mayo is a “[v]ery good lawyer” with a “fine reputation for his work in technology sector IP disputes.”

Chambers and Partners assesses business lawyers across the country using independent researchers to conduct in-depth interviews with clients and lawyers. Individual lawyers and firm practice areas are ranked on the basis of legal knowledge, experience, ability, effectiveness, and client-service. For more information about Chambers and Partners, visit here.

Ashby & Geddes Named to U.S. News – Best Lawyers® 2017 “Best Law Firms” List

Ashby & Geddes is proud to announce that it has once again been named to U.S. News – Best Lawyers® “Best Law Firms” list (2017 ed.) in six practice areas. Notably, Ashby & Geddes’s “Litigation – Mergers & Acquisitions” practice has been recognized on a national level with a National Tier 3 ranking. In addition, it’s rankings for Metropolitan Tier 1 include five practice areas: “Bankruptcy and Creditor Debtor Rights / Insolvency and Reorganization Law,” “Commercial Litigation,” “Corporate Law,” “Litigation – Securities,” and “Litigation – Mergers & Acquisitions.” Metropolitan Tier 2 includes one practice area – “Litigation – Patent.”

Firms included in the U.S. News – Best Lawyers® “Best Law Firms” list are recognized for professional excellence with persistently impressive ratings from clients and peers. Achieving a tiered ranking signals a unique combination of quality law practice and breadth of legal expertise. The 2017 rankings are based on the highest number of participating firms and highest number of client ballots on record. To be eligible for a ranking, a firm must have a lawyer listed in The Best Lawyers in America, which recognizes the top 4 percent of practicing attorneys in the US. Over 21,000 attorneys provided almost 700,000 law firm assessments, and almost 8,000 clients provided more than 47,000 evaluations. Ranked firms, presented in tiers, are listed on a national and/or metropolitan scale. Receiving a tier designation reflects the high level of respect a firm has earned among other leading lawyers and clients in the same communities and the same practice areas for their abilities, their professionalism, and their integrity. Awards were given in 74 national practice areas and 122 metropolitan practice areas. The 2017 “Best Law Firms” rankings can be seen in their entirety by visiting bestlawfirms.usnews.com .

Ashby & Geddes Succeeds in Dismissing Claims Brought Against Agfeed’s Former CEO

Ashby & Geddes successfully moved to dismiss all of the state law claims and many of the bankruptcy related claims against AgFeed Industries, Inc.’s (“AFI”) former Chief Executive Officer, K. Ivan F. Gothner. The Trustee of the AgFeed Liquidating Trust (the “Trustee”) filed numerous complaints against AFI’s former directors, officers and professionals related to purported accounting fraud in China and false financial reporting to the Securities and Exchange Commission and AFI shareholders. Despite giving the Trustee leave to re-plead previously dismissed claims in the original complaint, the Court found that the Second Amended Complaint (the “Complaint”) fared no better, dismissing nearly all of the claims with prejudice and “reiterate[ing] its profound concerns with respect to the dissipation of monies otherwise available for distribution to stakeholders being burned up in litigation of dubious merit and questionable collectability.”

Applying Nevada law, the Court found that the Complaint failed to plead many of the elements necessary to state a claim for breach of fiduciary duty. For instance, the Complaint failed to allege that Gothner made the false disclosures or knew that the disclosures were false at the time made. With regard to the breach of loyalty claim related to compensation received under his employment agreement and company transactions with third parties, among other things, the Complaint failed to allege that Gothner stood on both sides of the transaction. Moreover, the Trustee’s Caremark claim was defeated by the Complaint’s own allegations, which detailed the actions taken by Gothner and the board to investigate, address and disclose the wrongdoing in China.

The fraudulent transfer claim related to “a number of payments” Gothner received under his employment agreement was dismissed. Allegations that Gothner received an aggregate amount of money over a year and a half period were insufficient, and the Complaint contained only conclusory allegations that the alleged transfers were not for reasonably equivalent value. Importantly, the Complaint did not allege that Gothner received any compensation that he was not owed under his employment agreement. The actual fraud claims were likewise dismissed as the Complaint did not sufficiently identify the transferor and contained only conclusory allegations. Counts VIII and IX of the Complaint were dismissed because recoupment and setoff are defenses, not causes of action. Lastly, the Court found that the Trustee lacked standing to bring the intentional misrepresentation by nondisclosure claim as fraud claims belong to the stockholders, not the company. Even so, the Complaint failed to allege that the stockholders justifiably relied on the allegedly false statements.

The only causes of action that survived the motion to dismiss were constructive fraudulent transfers in the amount of $261,000. Because any potential setoff defense that the Trustee may raise will be capped at that amount, the Court directed that the balance of Gothner’s proof of claim for amounts owed under his employment agreement be paid immediately. A copy of the Court’s Opinion can be found here.

Ashby & Geddes attorneys William P. Bowden, Andrew D. Cordo, Stacy Lynn Newman and F. Troupe Mickler IV represented Mr. Gothner in this action.

Ashby & Geddes Obtains Judgment in Favor of Medical Device Company and Successfully Defends Against Counterclaims

Ashby & Geddes and co-counsel Kaye Scholer LLP have secured a significant post-trial victory in the Delaware Court of Chancery for Medicalgorithmics S.A. (“Medicalgorithmics”), a publicly traded Polish corporation that developed and manufactures a remote cardiac monitoring system known as the PocketECG. On August 18, 2016, following a five-day trial, Chancellor Bouchard issued a memorandum opinion finding that defendants AMI Monitoring, Inc. and Spectocor LLC (collectively, “Defendants”) materially breached the parties’ exclusive licensing agreement by seeking to develop a product to replace Medicalgorithmics’ PocketECG without first providing notice of termination.

In April 2015, Medicalgorithmics terminated the agreement based on its theory that Defendants were in material breach. Medicalgorithmics promptly filed a complaint in the Court of Chancery against Defendants, seeking declaratory judgment that Medicalgorithmics’ termination was valid, damages for Defendants’ breach of the agreement, and costs and attorneys’ fees. Defendant AMI Monitoring, Inc. (“AMI”) counterclaimed, alleging that Medicalgorithmics overcharged AMI for device orders.

In his post-trial opinion, Chancellor Bouchard found that Defendants had secretly sought to develop a product to replace the PocketECG without first giving notice of termination to Medicalgorithmics, which constituted a material breach of the agreement. As a result, the Court found that Medicalgorithmics was entitled to declaratory judgment that its termination was valid, as well as damages for Defendants’ breach. In addition, the Court found that Medicalgorithmics was entitled to its costs and attorneys’ fees in the litigation pursuant to an indemnification provision in the agreement. The Court further found that AMI’s counterclaims were meritless and, accordingly, that Medicalgorithmics was entitled to entry of judgment in its favor dismissing all of AMI’s counterclaims with prejudice.

The case is Medicalgorithmics S.A. v. AMI Monitoring, Inc. d/b/a Spectocor, et al., C.A. No. 10948-CB. The Court’s decision can be found here.

Ashby & Geddes attorneys Philip Trainer, Jr. and Marie M. Degnan, along with a litigation team from Kaye Scholer LLP, represented Medicalgorithmics in this action.

Ashby & Geddes Attorneys Selected For Inclusion in The Best Lawyers in America© 2017

Ashby & Geddes is proud to announce that its attorneys were once again selected by their peers for inclusion in the 23^rd edition of The Best Lawyers in America^©. The attorneys and their respective fields of practice include: Steven J. Balick (Litigation – Patent), Stephen E. Jenkins (Commercial Litigation and Corporate Law), and William P. Bowden (Bankruptcy and Creditor Debtor Rights / Insolvency and Reorganization Law).

Eight Ashby & Geddes Lawyers Are Identified as Leading Individuals in Chambers USA: America’s Leading Lawyers for Business (2016)

The 2016 edition of Chambers USA: America’s Leading Lawyers for Businesshas recognized eight Ashby & Geddes attorneys as “Leading Individuals” in their respective areas of practice: Andrew D. Cordo (Chancery), Steven J. Balick (Intellectual Property), William P. Bowden (Bankruptcy/Restructuring), John G. Day (Intellectual Property), Stephen E. Jenkins (Chancery), Tiffany Geyer Lydon (Intellectual Property), Ricardo Palacio (Bankruptcy/Restructuring), and Philip Trainer, Jr. (Chancery). In addition, the firm was ranked for excellence in three of its practice areas: Bankruptcy/Restructuring, Chancery, and Intellectual Property.

Ashby & Geddes’ Bankruptcy/Restructuring practice “is highly regarded for its sophisticated counsel on complex reorganization matters,” while head of the group, Bill Bowden, is noted for being “very well-respected,” and Rick Palacio was described as “very personable, very practical, does a very good job on his feet.”

The firm’s Chancery practitioners “have an excellent reputation in the Chancery Court and the work they have provided is top quality.” Steve Jenkins was noted as being “really first-rate” and “very capable,” while Lee Trainer is “acclaimed for his work in a broad range of matters,” and Andy Cordo is praised as “an extraordinarily competent lawyer.”

Chambers describes Ashby & Geddes’ Intellectual Property attorneys as “[o]utstanding in every respect. They give excellent advice at a reasonable price.” Steve Balick “is praised for his expertise representing corporate clients in patent litigation and other matters in the science and technology areas,” while John Day “is highly responsive, gives good advice, is very experienced and knowledgeable about the Wilmington legal community,” and Tiffany Lydon “attracts particular praise for her responsiveness to matters.”

Ashby & Geddes Attorneys Recognized as 2016 Delaware Super Lawyers

Ashby & Geddes is pleased to announce that several of the firm’s attorneys have been included in the 2016 Delaware Super Lawyers list. The Ashby & Geddes attorneys named are:

Stephen E. Jenkins – Business Litigation
Toni-Ann Platia – Business Litigation (Rising Star)

Previous firm recipients of the Rising Star designation have been:

Gregory A. Taylor – Bankruptcy: Business
Karen B. Skomorucha Owens – Bankruptcy: Business

Super Lawyers, a Thomson Reuters business, is a rating service of outstanding lawyers from more than 70 practice areas who have attained a high degree of peer recognition and professional achievement. The annual selections are made using a patented multiphase process that includes a statewide survey of lawyers, an independent research evaluation of candidates and peer reviews by practice area. The result is a credible, comprehensive and diverse listing of exceptional attorneys.

The Super Lawyers lists are published nationwide in Super Lawyers Magazines and in leading city and regional magazines and newspapers across the country. Super Lawyers Magazines also feature editorial profiles of attorneys who embody excellence in the practice of law. For more information about Super Lawyers, visit SuperLawyers.com.

The Rising Star list is developed using the same research techniques as Super Lawyers. However, the candidate must be either 40 years old or younger or in practice for 10 years or less. Only 2.5 percent of attorneys within a state are recognized as Rising Stars.

Ashby & Geddes Named to U.S. News – Best Lawyers® 2016 “Best Law Firms” List

Ashby & Geddes is proud to announce that it has once again been named to U.S. News – Best Lawyers® “Best Law Firms” 2016 edition in six practice areas. Notably, Ashby & Geddes has improved its rankings in Metropolitan Tier 1 in one practice area since last year. It’s rankings for Metropolitan Tier 1 now include five practice areas: “Bankruptcy and Creditor Debtor Rights / Insolvency and Reorganization Law,” “Commercial Litigation,” “Corporate Law,” “Litigation – Securities,” and “Litigation – Mergers & Acquisitions.” Metropolitan Tier 2 includes one practice area – “Litigation – Patent.”

Firms included in the U.S. News – Best Lawyers® “Best Law Firms” list are recognized for professional excellence with persistently impressive ratings from clients and peers. Achieving a tiered ranking signals a unique combination of quality law practice and breadth of legal expertise. The 2016 rankings are based on the highest number of participating firms and highest number of client ballots on record. To be eligible for a ranking, a firm must have a lawyer listed in The Best Lawyers in America, which recognizes the top 4 percent of practicing attorneys in the US. Over 21,000 attorneys provided almost 700,000 law firm assessments, and almost 8,000 clients provided more than 47,000 evaluations. Ranked firms, presented in tiers, are listed on a national and/or metropolitan scale. Receiving a tier designation reflects the high level of respect a firm has earned among other leading lawyers and clients in the same communities and the same practice areas for their abilities, their professionalism, and their integrity. Awards were given in 74 national practice areas and 122 metropolitan practice areas. The 2016 “Best Law Firms” rankings can be seen in their entirety by visiting bestlawfirms.usnews.com.

Ashby & Geddes is proud to announce that three of its attorneys were selected by their peers for inclusion once again in The Best Lawyers in America^© 2016 in their respective fields of practice: Steven J. Balick (Litigation – Patent), Stephen E. Jenkins (Commercial Litigation and Corporate Law), and William P. Bowden (Bankruptcy and Creditor Debtor Rights / Insolvency and Reorganization Law).

Since it was first published in 1983, Best Lawyers^® has become universally regarded as the definitive guide to legal excellence. Because Best Lawyers is based on an exhaustive peer-review survey in which almost 50,000 leading attorneys cast nearly five million votes on the legal abilities of other lawyers in their practice areas, and because lawyers are not required or allowed to pay a fee to be listed, inclusion in Best Lawyers is considered a singular honor. Corporate Counsel magazine has called Best Lawyers “the most respected referral list of attorneys in practice.”

Author: webmaster