Landis Rath & Cobb LLP is a premier boutique law firm concentrating on commercial bankruptcy, corporate restructuring and business litigation. We provide sophisticated legal advice and services to national, international and local clients in and out of federal and state courts. Our proven record of success is backed by a commitment to advocate for our clients' interests with personalized service and expert counsel.

Representative Matters

Credit Suisse Securities (USA) LLC v. Investment Hunter, LLC, C.A. No. 5107-VCN, 2010 Del. Ch. LEXIS 121 (May 27, 2010) (Noble, V.C.)

Landis Rath & Cobb, together with Duval & Stachenfeld LLP, successfully petitioned the Court of Chancery to confirm an arbitration decision and award, including an award of punitive damages.  Respondent Investment Hunter tried to challenge a FINRA Award on grounds that the arbitration Panel exceeded its authority in awarding punitive damages to our client Credit Suisse.  Investment Hunter’s argument – that a New York state rule prohibiting arbitrators from awarding punitive damages applies here – however, was in conflict with the FAA.  As we arguew and as the Court agreed as recognized in Mastrobuono v. Shearson Lehman Hutton, Inc., 514 U.S. 52 (1995), the FAA preempts the New York rule against punitive damages when parties, as here, have contractually agreed to the arbitration.

Read the Court of Chancery’s Opinion

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Daniel B. Rath Rebecca L. Butcher