Asia Practice - Delaware Corporate Practice

The Court of Chancery


Delaware Corporate Practice in Chinese: 特拉华州公司业务

Delaware holds the title of the “Corporate Capital of the World” because it is the state of incorporation for the majority of the Fortune 500 and most companies whose securities trade on the NYSE, NASDAQ, and other exchanges.  As a consequence of the volume of incorporations, a business-friendly state government, and the competency of its judiciary, Delaware’s state and federal courts are a forum of choice for resolving a wide range of national and international commercial disputes, including those involving corporate fiduciary duties, bankruptcy, and intellectual property.  

For over a decade, Blank Rome has sought to meet the needs of its clients by maintaining a significant presence in Wilmington, Delaware, including before the federal district court, Bankruptcy court and the Court of Chancery, the leading forum for the resolution of business disputes nationally and internationally.

Corporate Law

Blank Rome attorneys have extensive experience in providing corporate counseling and litigation services in connection with the affairs of Delaware corporations.  We regularly appear before all Delaware courts in matters involving takeover battles, proxy contests, stockholder appraisal proceedings, class and derivative actions asserting breaches of fiduciary duty, fraud, product liability, and other matters under the Delaware corporate and other business-entity statutes.  This experience allows us to fully understand the complex regulatory environment and issues unique to every business transaction.  Our litigators have a wealth of trial experience and Blank Rome’s attorneys regularly appear before Delaware’s Court of Chancery.

Bankruptcy

Delaware remains a preferred forum for national bankruptcy filings and related litigation.  With this volume, Delaware’s bankruptcy judges have developed unparalleled knowledge of the U.S. Bankruptcy Code and an intimate understanding of the business realities facing debtors and their creditors.  Blank Rome’s business restructuring and bankruptcy practice is ranked by Chambers USA.  Our attorneys regularly appear before the Delaware Bankruptcy Court, representing debtors, creditors’ committees, lenders, secured and unsecured creditors, asset purchasers, reclamation claimants, and defendants in preference and other avoidance actions.

Intellectual Property

As noted by the National Law Journal, the District Court in Delaware is the “preeminent patent court in the United States.”  Our intellectual property attorneys have extensive experience in Delaware, litigating aspects of U.S. and international patent, trademark, and copyright law for clients in dozens of industries.  As a result, Blank Rome is recognized for IP litigation in Delaware and nationwide.  The intellectual property litigation practice includes former Department of Justice attorneys and U.S. attorneys, former practicing engineers, and former patent examiners with practical and in-depth experience in patent prosecution matters.

China Securities Litigation Task Force

Blank Rome’s Asia Practice provides experienced legal representation for Asia-based clients doing business in the U.S. and for U.S. clients doing business in Asia, through its offices in Shanghai, New York, Washington, Philadelphia, Los Angeles, Houston, and Delaware.  Our Asia-based capital markets practice regularly represents Chinese companies that are listed on the U.S. exchanges.

In the current turbulent environment, many Chinese public companies are becoming targets of shareholder class action and derivative litigation.  In response, Blank Rome combined the multi-disciplinary knowledge of its Delaware Chancery Court, D&O insurance, SEC and regulatory enforcement, corporate governance and securities practices, into a task force to effectively deal with the many complex aspects presented by this litigation.

The Task Force members have extensive experience representing many Chinese public companies in numerous industries. The team has handled matters in the U.S. courts, before the SEC and other regulators, including FINRA, through its U.S. offices, while handling fact finding, case management, and client relations through its Shanghai office.