Ashby & Geddes

Managing Partner: Catherine A. Gaul
Number of partners: 13
Number of other lawyers: 13

Firm Overview:
Ashby & Geddes is best known for its litigation expertise. The firm represents clients ranging from Fortune 500 corporations to individuals. In addition to its litigation practice, Ashby & Geddes has a substantial Corporate Reorganization Practice and regularly provides transactional and opinion services to local, national and international clients in connection with matters involving Delaware law. The firm remains committed to its founding principle of providing the best possible work product at highly competitive rates.

Main Areas of Practice:

Bankruptcy:
Ashby & Geddes represents a wide variety of nationally and internationally based enterprises with diverse interests in most of the larger chapter 11 reorganization proceedings filed in Delaware. The firm also has been privileged to represent parties-ininterest in numerous courts throughout the country. The nature of these engagements span the spectrum of potentially interested parties, and include chapter 11 debtors, official and ad hoc committees, significant creditors, lenders, prospective acquirers of assets, trustees and other parties-in-interest.

For example, the firm represents, or has represented, the following parties in the referenced cases: debtors-in-possession (In re Beauty Brands, LLC; In re Nuo Therapeutics, Inc.; In re NeuroproteXeon, Inc.), the Examiner in Cred Inc., Roger Frankel, as Future Claimants’ Representative (In re TK Holdings, Inc.); the Preferred Stockholders in contested plan confirmation and related proceedings (In re Elk Petroleum, Inc.), the Reorganized Debtors in Ruby Tuesday, Inc. et al., the Ad Hoc Group of First Lien Lenders (In re Hexion Holdings LLC), Wilmington Savings Fund Society, as Indenture Trustee (In re RentPath Holdings, Inc.; In re LBI Media, Inc., In re Extraction Oil and Gas, Inc.), the Reorganized Debtors and the Ad Hoc Group of Certain First and Second Lien Lenders (In re True Religion Apparel, Inc.), the Reorganized Debtors and the Ad Hoc Group of Senior Secured Noteholders (In re Horsehead Holding Corp.); SunTrust Bank, as Administrative Agent for Itself and Other Lenders (In re Our Alchemy, LLC); Wells Fargo Bank, NA, as DIP Lender (In re Vitamin World); Raven Capital Management, as DIP Lender (In re Mac Acquisition, LLC); Comerica Incorporated (In re Woodbridge Group of Companies, LLC); Graftel, LLC (In re Pacific Gas and Electric Company), Emerald Capital Advisors, as Plan Administrator (In re Terravia Holdings, Inc.); Encina Business Credit, as DIP Lender (In re American Apparel, Inc.); and Bank of America, N.A. (In re Sports Authority Holdings, Inc.; In re The Weinstein Company Holdings, LLC; and In re Open Road Films, LLC).

Other current or recently concluded engagements include the representation of various Chapter 7 Trustees (In re Old BBF, LLC f/k/a Bumble Bee Foods, LLC, In re Scottish Holdings, Inc.; In re Arena Football League LLC; and In re Rosetta Genomics, Inc.), Minnesota Power, a significant contract counter-party (In re ESML Holdings Inc.), Adams Resources and Energy Inc., as DIP lender and equity holder (In re Adams Resources Exploration Corporation), Radiomόvil Dipsa, S.A., a significant and critical vendor (In re Maxcom Telecommunicaciones), various directors and officers (In re Wave Systems Corp.; In re The Gymboree Corporation; In re NewStarcom Holdings, Inc.; and In re Furie Operating Alaska, LLC); Pirelli Tire LLC, a top creditor and critical vendor (In re Velocity Holding Company, Inc.); Silicon Valley Bank, as DIP Lender (In re Lily Robotics, Inc.); the Commonwealth of Massachusetts, the largest creditor and litigant seeking to enforce police powers (In re Starion Energy, Inc. and In re Liberty Power Holdings, LLC); ICBC Standard Bank, the intermediation facility provider and secured creditor in adversary an proceeding to determine competing interests in business interruption and property damage insurance proceeds (In re PES Holdings, LLC); and J.C. Penney Corporation, Inc. (In re The Weinstein Company Holdings, LLC).

Ashby & Geddes also represented (as Delaware counsel) the Quapaw Casino Authority of the Quapaw Tribe of Oklahoma (In re Money Centers of America,Inc.) in which Quapaw obtained a favorable ruling on tribal sovereign immunity, an issue of first impression in Delaware’s bankruptcy court.

Corporate Litigation & Transactions:
The firm represents corporate clients, directors, officers and substantial stockholders in stockholder derivative and class actions challenging a wide variety of corporate matters, including business combinations, hostile takeovers, going-private transactions, and proxy contests. In addition, the firm serves as counsel to boards of directors and special committees in connection with proposed transactions, internal investigations, and similar matters requiring Delaware legal advice and opinions.

Intellectual Property Litigation:
The district of Delaware is one of the most popular jurisdictions in the United States for resolving patent disputes, and the firm’s intellectual property group is uniquely structured to serve the needs of both large and small clients on either the plaintiff or defense side of intellectual property litigation. Ashby & Geddes intellectual property lawyers have been asked to serve as Delaware Counsel by many of the preeminent intellectual property firms in the United States, and bring a wealth of experience to litigating patent, trademark, false advertising, and unfair competition cases across a variety of industrial sectors, including pharmaceuticals, telecommunications, electronics, computer hardware and software, internet technologies, biotechnology, medical devices, chemicals, and automotive matters. The breadth of knowledge and experience the firm’s lawyers bring to cases in the District of Delaware has resulted in the firm being recognized as one of the top choices in Delaware for intellectual property litigation.

Commercial Litigation & Transactions:
Ashby & Geddes attorneys represent corporate and banking clients in the litigation of a wide variety of matters, including contract disputes, secured transactions, product liability claims, environmental matters, business torts, and insurance coverage issues. For instance, the firm has served as counsel to Wyoming and Michigan clients in energy-related litigation and also acted as Delaware counsel to the Association of Tennis Professionals in its successful defense of an action brought by the German Tennis Federation alleging antitrust violations and breaches of fiduciary duties. In addition, the firm advises clients with respect to commercial transactions and has considerable experience in providing opinions in connection with such transactions.

Personal Injury/Medical Malpractice Litigation:
The firm has extensive experience in litigating personal injury matters, importantly including the successful representation of plaintiffs in medical malpractice cases.

Clients:
Ashby & Geddes clients range from large national and multinational businesses (or their directors and officers) in corporate and commercial litigation and insolvency and restructuring, to local businesses in a wide array of commercial matters, and to individual clients in personal injury and medical malpractice cases.