Chairman: Kathleen Furey McDonough
Number of partners: 39
Number of other lawyers: 41
Potter Anderson & Corroon LLP is one of the largest and most highly regarded Delaware law firms, providing legal services to regional, national and international clients. The firm’s practice is centered on corporate litigation and counseling, alternative entities, intellectual property, commercial litigation, bankruptcy, real estate, and labor and employment. Potter Anderson is proud of its history as the oldest Delaware law firm and one of the oldest law firms in the US but takes even greater pride in its leadership today. The firm’s chair, Kathleen Furey McDonough, is the first woman to lead a major Delaware law firm.
Main Areas of Practice:
Delaware Corporate Litigation & Counseling:
The corporate litigation practice centers on litigation seeking injunctive and other equitable and compensatory relief, often on an expedited basis, in connection with disputed questions of internal corporate governance. These suits most frequently focus on the fiduciary obligations of care, loyalty, good faith and disclosure owed by directors and officers in the context of corporate acts and business combinations, including mergers, tender offers, sales of assets and proxy fights. The counseling practice also encompasses the many statutory summary proceedings authorized by the Delaware General Corporation Law (DGCL), as well as Delaware’s alternative entity statutes, and committed to the subject matter jurisdiction of the Delaware Court of Chancery, viewed by many as the most influential state tribunal in the US. The practice includes transaction specialists retained to advise corporations and their directors with respect to a multitude of questions and interpretations — ranging from matters of day-to-day management to the interpretation of the DGCL in matters involving bylaw and charter amendments, annual meetings, indemnification obligations, stock sales and issuances, mergers and acquisitions, and dissolutions. The firm regularly acts as special Delaware counsel in nationally prominent mergers, acquisitions, tender offers, divestitures, spin-offs and other types of business transactions.
Alternative Entities & Structured Finance:
Potter Anderson advises on the full spectrum of alternative entities, including general partnerships, limited partnerships, limited liability partnerships, limited liability limited partnerships, limited liability companies, statutory and common law trusts, and special-purpose corporations. Attorneys in the practice counsel general partners, managers, trustees, boards and other governing bodies; represent lenders, borrowers and other parties in the formation, utilization, operation and dissolution of every type of alternative entity; advise on fiduciary duties, interested transactions and maintaining independence for special committees and in the context of daily operations and management; counsel on more complex situations, such as proxy and consent solicitations and mergers and acquisitions; and render third-party legal opinions.
Intellectual Property Litigation & Counseling:
Potter Anderson has long represented national and local clients in disputes regarding patents, trademarks, copyrights and trade secrets, particularly in the United States District Court for the District of Delaware. The firm’s intellectual property practitioners also provide services relating to patents, trademarks and copyrights, including preparation and prosecution of patent and trademark applications in the USPTO and preparation of legal opinions regarding intellectual property rights.
The litigators at Potter Anderson represent clients in the full spectrum of commercial disputes before state and federal courts of Delaware and in courts across the United States. The firm assists clients in business and commercial disputes in the Court of Chancery, the Superior Court of the State of Delaware, and the United States District Court for the District of Delaware; in matters that involve contract actions, business torts and disputes involving intellectual property, construction, insurance coverage, health care, product liability, contracts, antitrust, and labor and employment; in the appellate process; in appearances before local boards, commissions and administrative agencies; and in alternative dispute resolution, including arbitrations and mediations.
Bankruptcy & Restructuring:
Potter Anderson has one of the few bankruptcy practices in Delaware that excels in all facets of bankruptcy law, including secured creditor, debtor, creditor committee and major creditor representations. Clients represent the full range of participants in bankruptcy cases, including secured lenders, debtors, asset purchasers and official creditor committees. Potter Anderson also practices in other creditors’ rights areas, including out-of-court restructurings/workouts, state law receiverships and dissolutions, state law foreclosure, assignments for the benefit of creditors, and secured transactions.
Potter Anderson offers a full range of commercial real estate legal services to its clients from regional to large-scale complex projects throughout the US and abroad. The firm’s practice includes the development, acquisition, construction, disposition, leasing and financing of all asset classes of commercial real estate, including multifamily, hospitality, office, retail, industrial, mixed-use and medical properties, as well as land acquisition. It also handles and advises on real estate workout, foreclosure and bankruptcyrelated matters as well as the sale and purchase of distressed debt secured by real estate.
Labor & Employment:
Potter Anderson employment attorneys provide counseling to local and national clients on the implementation of policies and procedures to assist clients in complying with the extensive regulations that impact today’s workplace. Firm clients include major Delaware employers from both the public and private sector, cultural institutions of national repute, multinational corporations, institutions of higher education, private and public secondary schools, and mid-size employers representing a wide variety of industries. The firm also represents employers in connection with employment-related disputes filed in federal and state courts around the country as well as government agencies and other tribunals.