Q&A With Richards Layton & Finger's Kevin Gross

Kevin Gross

A former Delaware bankruptcy judge with Richards Layton & Finger PA said he is looking forward to the chance to hand down opinions once again as the firm launches an alternative dispute resolution practice with him as one of the leads.

Last month, Richards Layton — which describes itself as Delaware's largest law firm, with practices in corporate, commercial and tax law, bankruptcy and restructuring, intellectual property, trusts and estates, commercial real estate and litigation — announced an ADR practice headed by longtime corporate litigator Gregory P. Williams and former bankruptcy judge Kevin Gross.

Gross, who joined Richards Layton in 2020 after his retirement from 14 years on the Delaware bankruptcy bench, agreed to a phone interview on the new practice on Tuesday.

What brought you to Richards Layton?

Gross, a bankruptcy practitioner before being appointed to the bench in 2006, said he was approached by the firm after his retirement.

"It's such a fine firm and it does a tremendous corporate practice," he said.

Why did Richards Layton start this new practice?

He said the firm believed there was a demand for ADR services from its corporate clients, who frequently find themselves involved in litigation and bankruptcy cases in Delaware.

"We just felt it was a way to extend our work on behalf of corporations by doing mediation work," he said.

What is your experience with mediation?

Gross said he has presided over a "good number" of mediations, both as a judge and since joining Richards Layton.

"You have to work hard to get the parties to reach a settlement on the issue," he said.

He recalled one case, with a business and 2,300 jobs on the line, where he and the parties negotiated from 9 a.m. to 6:30 a.m. the next day to reach an agreement. The urgency of the mediation is generally proportional to how late in the case it starts, he said.

"I've had cases ranging from prefilling to post-discovery to the eve of trial," he said.

And arbitration?

By contrast, Gross said he's never presided over an arbitration. He noted that arbitration is relatively rare in bankruptcy cases since those often involve multiple parties voluntarily seeking to resolve conflicting claims rather than two parties bound by an arbitration clause.

"Now, of course, they could voluntarily choose to arbitrate, but I don't think that happens often," Gross said. "Since it's by consent of the parties, they're reluctant to have an opinion issued."

He said he was particularly interested in getting a chance to work at this end of ADR.

"It seems more like being a judge than being a mediator does," he said.

Do you think there is a niche for the new practice?

Gross said he believes there is a need for corporate ADR in Delaware, saying it remains the "primary jurisdiction" for both corporate litigation and bankruptcy.

"Delaware, quite frankly, is still the best jurisdiction in which to litigate," he said.

He said the firm hopes to expand the practice, bringing in associates and even more retired judges.

"As judges retire, they still have a lot of good years ahead of them," he said.

—Editing by Jay Jackson Jr. and Kelly Duncan.