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				Brannick
				
				Nicholas J.

Member

TEL: 302-651-2006 / FAX: 302-574-2106 / nbrannick@coleschotz.comLegal Practice Assistant: Mary VanDermark  TEL: 302.652.3131 x 2500  mvandermark@coleschotz.com  

Nicholas J. Brannick is a member in the firm's Bankruptcy and Corporate Restructuring and Litigation Departments. Nick’s practice focuses on corporate disputes, principally in Delaware’s Court of Chancery and Superior Court, and litigation in Bankruptcy Courts across the United States.

Nick’s corporate litigation experience includes fiduciary duty claims, board composition disputes (225 actions), appraisal actions, books and records demands (220 actions) as well as contract and earn-out disputes. Representative litigation engagements include:

  • Obtaining dismissal of tortious interference claims against magazine distributor. See Kable Products Services, Inc. v. TNG GP et al., 2017 WL 2558270 (Del. Super. Ct. June 13, 2017).
  • Successfully defending a real estate development company in a $4.9 million contract dispute. See Miller v. National Land Partners, LLC, 2014 WL 2601378 (Del. Ch. Jun. 11, 2014), aff’d, 2015 WL 849692 (Del. Feb. 26, 2015).
  • Representing the founder of an in internet information and marketing company in a dispute over the board composition and executive officers of the company.
  • Representing the plaintiff in a dispute involving a multi-million dollar family business before the Delaware Chancery Court.

Nick’s bankruptcy litigation experience includes pursuing discovery under Bankruptcy Rule 2004, defending against post-confirmation litigation claims, litigating efforts to extend the automatic stay to non-debtors, obtaining conversion of a chapter 11 case. He has also represented debtors, committees and individual creditors in all aspects of chapter 11 proceedings. Representative bankruptcy litigation matters include:

  • Successfully representing the holder of a patent in litigation against a party claiming to have acquired a license to the patent through various bankruptcy proceedings and prevailing before the Fifth Circuit Court of Appeals in a precedential opinion. See Tech Pharmacy Services, Inc. v. RPD Holdings, LLC (In re Provider Meds, LLC), 2017 WL 213814 (Bankr. N.D. Tex. Jan. 18, 2017), aff’d, 2017 WL 3764630 (N.D. Tex. Aug. 31, 2017), aff’d, 907 F.3d 845 (5th Cir. 2018).
  • Successfully representing a debtor before the bankruptcy court against efforts by contract counterparty to have contract deemed assumed (not involved in appeal). See In re DB Holdings Liquidation, Inc., 2018 WL 4347792 (D. Del. Sep. 12, 2018) on appeal.
  • Obtaining dismissal of a post-confirmation adversary proceeding for lack of subject matter jurisdiction. Integrated Financial Associates, Inc. v. Lackey Hershman, LLP (In re Integrated Financial Associates, Inc.), Adv. Proc. No. 17-01195-mkn (Bankr. D. Nev. Nov. 9, 2017)
  • Successfully litigating tax valuation dispute regarding industrial property. See Curtis Papers, Inc. v. Milford Borough (In re Curtis Papers, Inc.), 2008 WL 2777277 (Bankr. D. N.J. July 17, 2008).

Representative recent bankruptcy engagements include:

  • DirectBuy Holdings (D. Del.) – debtor
  • Seadrill Limited (S.D. Tex.) – co-counsel to committee
  • Cobalt International Energy, Inc. (S.D. Tex.) – co-counsel to ad hoc group of noteholders
  • Linn Energy, LLC (S.D. Tex.) – co-counsel to ad hoc group of noteholders
  • ScripsAmerica, Inc. (D. Del.) – largest unsecured creditor
  • American Cadastre, L.L.C. (D. Del.) – debtor

Professional Activities:

  •  American Bar Association
  •  Delaware Bar Association

Nick is admitted to practice in Delaware, New York, Ohio (inactive) and Pennsylvania.  

Nick earned his B.A. from Wittenberg University and his J.D. from The Ohio State University.

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Education

The Ohio State University, J.D., with Honors, Order of the Coif, 2005

Wittenberg University, B.A., Summa Cum Laude, 2001

Bar & Court Admissions

Ohio, 2005New York, 2011Delaware, 2012Pennsylvania, 2013U.S. District Court, Southern District of Ohio, 2006U.S District Court, Southern District of New York, 2012U.S. District Court, District of Delaware, 2013
 

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