Attorneys

Practice Areas: Corporate, Commercial and Bankruptcy Litigation

Daniel B. Rath concentrates his practice in the area of corporate, commercial and bankruptcy-related litigation. Within the Court of Chancery, Dan has represented entities and individuals in connection with breach of fiduciary duty actions, dissolution of partnerships and limited liability companies, enforcement and confirmation of arbitration clauses and awards, enforcement of contracts and corporate agreements, receivership and sale of a corporate entity, requests for corporate books and records, shareholder interests in sale of stock exchange, and third party discovery responses and objections.

Dan also regularly represents creditors, lenders and official and unofficial committees in contested matters and adversary proceedings in the federal courts.  On a federal level, Dan has represented individuals and entities in connection with certification of class action, claim disputes for both creditors and debtors, employment disputes for municipal employer, enforcement of contracts and corporate agreements, enforcement of sale agreements and valuation of assets, representation of defendants in preference actions in numerous bankruptcy cases, representation of estate in adversary proceedings for preferences and collections, and third party discovery responses and objections.

Prior to forming Landis Rath & Cobb LLP with Adam Landis and Rick Cobb, Dan was an associate and then partner with Duane Morris & Heckscher LLP (now Duane Morris LLP) and a shareholder with Klett Rooney Lieber & Schorling PC (now Buchanan Ingersoll & Rooney PC).  Dan also spent three years working for The Proctor & Gamble Distributing Company.

Education
J.D., Temple University School of Law, cum laude
B.S., Indiana University of Pennsylvania

Admissions to Practice
Delaware
Pennsylvania
U.S. Court of Appeals for the Third Circuit

Memberships & Associations
American Bar Association
Business Law, Litigation and Forum Committee on the Construction Industry
American Bankruptcy Institute
Delaware State Bar Association
Pennsylvania Bar Association
Associated Builders and Contractors Association
Delaware Contractors Association.

Representative Opinions:

American International Group, Inc. v. Greenberg, 965 A.2d 763 (Del. Ch. 2009)

Ashall Homes Ltd. v. ROK Entertainment Group, Inc., 992 A.2d 1239 (Del. Ch. 2010)

Beebe Medical Center v. Insight Health Services Corp., 751 A.2d 426 (Del. Ch. 1999)

CME Group, Inc. v. Chicago Bd. Options Exchange, Inc., 2009 Del. Ch. LEXIS 116 (June 25, 2009)

Credit Suisse Securities (USA) LLC v. Investment Hunter, LLC, 2010 Del. Ch. LEXIS 121 (May 27, 2010)

US Bank, N.A. v. US Timberlands Klamath Falls, LLC, 864 A.2d 930 (Del. Ch. 2004)

Best Drywall v. Feeheley, 2005 Del. Super. 429 (Jan. 6, 2005)

Burtch v. Wendel (In re Allpoints Warehousing in Liquidation, Inc.), 259 F. Supp. 2d 824 (D. Del. 2001)

Green v. A. I. DuPont Institute of the Nemours Foundation, 759 A.2d 1060 (Del. 2000)

Gordon v. AMTRAK, 1997 Del.  Ch. LEXIS 52 (Mar. 19, 1997)

Monahan v. City of Wilmington, 2001 U.S. Dist. Lexis 10554 (D.Del. July 23, 2001) aff’d 49 Fed. Appx. 383 (3d Cir. 2002)

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