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Curtis J. Crowther is a member of our firm’s Business Litigation Group with extensive experience litigating in all the state and federal courts in Delaware. His experience transcends many substantive areas of commercial and civil litigation including employment and restrictive covenants, Delaware corporate law, ERISA-governed benefits, trusts & estates, construction, commercial/business contract disputes, commercial collections, real estate, insurance, and other complex commercial and business litigation.

Curtis represents the interests of his clients from pre-litigation counseling and strategy development through trial and appeal processes. He has appeared in a variety of matters before all the courts in Delaware: Delaware Supreme Court, Court of Chancery, Superior Court, Court of Common Pleas, Justice of the Peace Court, United States District Court, Third Circuit Court of Appeals and the United States Bankruptcy Court, as well as federal courts in Pennsylvania and around the country.

Curtis also has substantial experience in bankruptcy and bankruptcy-related litigation, contested matters and adversary proceedings involving myriad disputes that arise in Chapter 11 business bankruptcy cases. His experience includes both prosecuting and defending fraudulent transfer and preference litigation.

Curtis has significant experience as an advocate in alternative dispute resolution (ADR), utilizing ADR processes and procedures such as mediation or arbitration to assist clients in avoiding or reducing the costs that can be associated with protracted litigation, as well as assisting his clients in devising and implementing ADR plans and strategies necessary to protect their interests. He is also a recipient of the Delaware Superior Court’s Certificate in Advanced Mediation Training and is certified as an arbitrator for commercial law/litigation by the Delaware State Bar Association and as a certified mediator by the Delaware Superior Court.

Curtis also serves on our firm’s Pro Bono Committee and seeks to advance Robinson+Cole’s ongoing commitment to serving the communities in which we have offices.   

  • Widener University Delaware Law School (Juris Doctor, cum laude)
    • Dean's Scholar Scholarship
    • Phi Kappa Phi
  • Neumann University (Bachelors, magna cum laude)
    • B.A., Political Science

  • State of Delaware
  • Commonwealth of Pennsylvania
  • U.S. Supreme Court
  • U.S. Court of Appeals, 3rd Circuit
  • U.S. District Court, District of Delaware
  • U.S. District Court, Eastern District of Pennsylvania
  • U.S. Tax Court
  • U.S. District Court, Northern District of Indiana

2025 "Ch. 11 Reorganization of the Year”" in the under ($100MM) for the restructuring of Mariner Health Central Inc. and affiliates, presented at M&A Advisor's 19th Annual Turnaround Awards

Presented with the Chapter 11 Restructuring of the Year in the “mega” category (value: above $5 billion) as part of the Global M&A Network’s 15th Annual Turnaround Atlas Awards in recognition of serving as co-counsel to the Official Committee of Unsecured Creditors (UCC) in the Mallinckrodt plc, et al. chapter 11 cases

American Bar Association
Litigation, ADR and Business Law Sections

Delaware State Bar Association
Vice Chair, ADR Section (2016 - 2017)
Secretary, ADR Section (2015 - 2016)

American Bankruptcy Institute

Delaware Volunteer Legal Services, Inc.

Faithful Friends Animal Society, Inc. – pro bono counsel

Experience


Supreme Court Declines Review of ERISA Applicability to duPont Family Employee Trust

The U.S. Court of Appeals for the Third Circuit reversed the Delaware District Court’s 2019 decision determining that ERISA applied to a trust established for the benefit of certain domestic and personal service employees of duPont family members.

The plaintiff employee of one of the duPont family members whose employees are potential beneficiaries under the trust, argued that the trust serves as an employment benefit plan covered by the Employee Retirement and Income Security Act of 1974 (ERISA) and that compliance with ERISA was required. The trust had operated as a state law trust since its establishment in 1947 and, as time went on and as anticipated, the corpus of the trust continued to decline.

The Third Circuit ruled that the employee failed to present a connection between her employer and other family members recognized as employers, a requirement for an ERISA-protected multiple employer plan. She also failed to prove that her employer ever financially supported or maintained the trust—a key component for ERISA applicability.

The employee subsequently petitioned the U.S. Supreme Court to review whether ERISA applied to the trust—including minimum funding requirements. The Supreme Court declined to consider the case, leaving the Third Circuit’s decision in place.

One of America’s most well-known families, the duPont family has roots in gunpowder manufacturing and the now-chemical company still bears its name.

The Robinson+Cole team included Business Litigation Group member Curtis Crowther and Appellate Group chair Linda Morkan.

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Supreme Court Declines Review of ERISA Applicability to duPont Family Employee Trust

W. R. Berkley Corp. v. Dunai

W. R. Berkley Corp. v. Dunai, 2021 WL 1751347 (D. Del. May 4, 2021), aff’d W. R. Berkley Corp. v. Dunai, 2024 WL 511040 (3d Cir. Feb. 9, 2024)

Successfully obtain judgment in favor of parent company seeking to enforce multiple contracts relating to incentive stock awards that contained a forfeiture for competition remedy in the event of a breach.

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Medical Practice Arbitration Proceeding

M3 Healthcare Solutions v. Family Practice Associates, P.A., 996 A.2d 1279 (Del. Supr. 2010); Successfully represented medical practice in connection with an arbitration proceeding that was ultimately confirmed by the Delaware Court of Chancery and affirmed by the Delaware Supreme Court after oral argument.

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Publications


April 5, 2023

Delaware Court Again Strikes Down Restrictive Covenant in the Sale of Business

Delaware Business Court Insider

In the article, Curtis and Trevor summarize the recent finding of the Delaware Court of Chancery that a restrictive covenant entered into in connection with the sale of a business was not enforceable. Restrictive covenants must be narrowly tailored to the geographic area reached by the seller and serve the buyer’s legitimate economic interests. The authors discuss the ramifications of the decision, which has only advanced a developing trend in the Court of Chancery to scrutinize and refuse to enforce facially overbroad restrictive covenants in the context of the sale of a business. The authors note that purchasers in M&A transactions should not assume that courts applying Delaware law will automatically blue-pencil facially overbroad restrictive covenants, instead giving careful consideration to geographic scope and temporal duration. View the article.

Legal Update: Buyer Beware: Delaware Court of Chancery Declines to Blue-Pencil Restrictive Covenant in M&A Transaction teaser
November 29, 2022

Legal Update: Buyer Beware: Delaware Court of Chancery Declines to Blue-Pencil Restrictive Covenant in M&A Transaction

April 5, 2023

Delaware Court Again Strikes Down Restrictive Covenant in the Sale of Business

Delaware Business Court Insider

In the article, Curtis and Trevor summarize the recent finding of the Delaware Court of Chancery that a restrictive covenant entered into in connection with the sale of a business was not enforceable. Restrictive covenants must be narrowly tailored to the geographic area reached by the seller and serve the buyer’s legitimate economic interests. The authors discuss the ramifications of the decision, which has only advanced a developing trend in the Court of Chancery to scrutinize and refuse to enforce facially overbroad restrictive covenants in the context of the sale of a business. The authors note that purchasers in M&A transactions should not assume that courts applying Delaware law will automatically blue-pencil facially overbroad restrictive covenants, instead giving careful consideration to geographic scope and temporal duration. View the article.

Legal Update: Buyer Beware: Delaware Court of Chancery Declines to Blue-Pencil Restrictive Covenant in M&A Transaction teaser
November 29, 2022

Legal Update: Buyer Beware: Delaware Court of Chancery Declines to Blue-Pencil Restrictive Covenant in M&A Transaction


News


October 3, 2025

Robinson+Cole Bankruptcy + Reorganizations Practice Earns Dual Recognitions at Turnaround Atlas Awards

Robinson+Cole’s Bankruptcy + Reorganizations group won awards for both “Out of Court Restructuring of the Year” and “Healthcare Restructuring of the Year” presented by Global M&A Network at its 17th Annual Turnaround Atlas Awards. The event was hosted on September 23, 2025, at the Metropolitan Club in New York, NY. The “Out of Court Restructuring of the Year” award was presented for the secured party sale of Gander Group, a recognized leader in casino continuity and loyalty programs, to Stran Loyalty Solutions, LLC, a leading outsourced marketing solutions provider that leverages its promotional products and loyalty incentive expertise. Robinson+Cole Bankruptcy + Reorganizations group co-chair, Patrick M. Birney, led the acquisition, which created value by combining Gander Groups’ established presence and expertise in casino loyalty programs with Stran’s operational infrastructure and broad customer base, enabling cross-selling, operational efficiencies, and expended market reach, with projected revenue and cash flow growth. Robinson+Cole’s Bankruptcy + Reorganizations group also received the “Healthcare Restructuring of the Year” award for its representation of the Official Committee of Unsecured Creditors in In re Mariner Health Central Inc. (N.D. Calif. 2022-23). The team representing the committee included Bankruptcy + Reorganizations co-chair Natalie D. Ramsey and partners Jamie L. Edmonson and Rachel Jaffe Mauceri, as well as Robinson+Cole attorneys John L. Cordani, Curtis J. Crowther, Tasnuva (Taz) Islam, and Janet (Zhanna) Kljyan. The debtors were three members of a corporate family (Mariner Health Care) that oversaw, managed, and operated approximately 20 skilled nursing facilities (SNFs) in California, plus additional facilities outside California. Robinson+Cole's co-representation of the Mariner Committee led significantly to the resolution of all of the litigation pending against the debtors and their non-debtor affiliates and a consensual plan. The firm’s co-committee advisors included co-counsel Sheppard Mullin Richter & Hamilton, LLP and Committee financial advisor, Province. Other key professionals included the Mariner Debtors’ advisors, Raines Feldman Littrell LLP, Pachulski, Stang, Ziehl & Jones and Sierra Constellation Partners. “We’re deeply honored by these recognitions, which underscore the sophistication and tenacity of our Bankruptcy + Reorganizations attorneys,” said Natalie Ramsey. “Each matter presented unique challenges, and our ability to deliver strategic, client-focused solutions is a testament to the depth of talent and collaboration across our group. These awards reflect not just meaningful outcomes, but the trust our clients place in us to navigate complex, high-stakes restructurings.” The independently governed Turnaround Atlas Awards honor the best value-creating transactions, outstanding firms, professionals and leaders from the global restructuring, insolvency, and distressed investing communities. In March, M&A Advisor also recognized Robinson+Cole’s Bankruptcy + Reorganizations group with the “Ch. 11 Reorganization of the Year” award in the under $100MM category for its representation of the Official Committee of Unsecured Creditors in In re Mariner Health Central Inc. (N.D. Calif. 2022-23) at its 19th Annual Turnaround Awards. The Group went on to take home one of the event’s most significant recognitions: “Law Firm of the Year.”

Wins “Out of Court Restructuring” and “Healthcare Restructuring” Categories at Prestigious Annual Event
Robinson+Cole Bankruptcy + Reorganizations Practice Earns Dual Recognitions at Turnaround Atlas Awards teaser
April 2, 2025

Robinson+Cole Bankruptcy + Reorganization Group Wins “Law Firm of the Year”

M&A Advisor 19th Annual Turnaround Awards
Robinson+Cole Bankruptcy + Reorganization Group Wins “Law Firm of the Year” teaser
November 26, 2024

Robinson+Cole Bankruptcy + Reorganizations Group Wins Two 23rd Annual M&A Advisor Awards

M&A Advisor
Robinson+Cole Bankruptcy + Reorganizations Group Wins Two 23rd Annual M&A Advisor Awards teaser
October 3, 2025

Robinson+Cole Bankruptcy + Reorganizations Practice Earns Dual Recognitions at Turnaround Atlas Awards

Robinson+Cole’s Bankruptcy + Reorganizations group won awards for both “Out of Court Restructuring of the Year” and “Healthcare Restructuring of the Year” presented by Global M&A Network at its 17th Annual Turnaround Atlas Awards. The event was hosted on September 23, 2025, at the Metropolitan Club in New York, NY. The “Out of Court Restructuring of the Year” award was presented for the secured party sale of Gander Group, a recognized leader in casino continuity and loyalty programs, to Stran Loyalty Solutions, LLC, a leading outsourced marketing solutions provider that leverages its promotional products and loyalty incentive expertise. Robinson+Cole Bankruptcy + Reorganizations group co-chair, Patrick M. Birney, led the acquisition, which created value by combining Gander Groups’ established presence and expertise in casino loyalty programs with Stran’s operational infrastructure and broad customer base, enabling cross-selling, operational efficiencies, and expended market reach, with projected revenue and cash flow growth. Robinson+Cole’s Bankruptcy + Reorganizations group also received the “Healthcare Restructuring of the Year” award for its representation of the Official Committee of Unsecured Creditors in In re Mariner Health Central Inc. (N.D. Calif. 2022-23). The team representing the committee included Bankruptcy + Reorganizations co-chair Natalie D. Ramsey and partners Jamie L. Edmonson and Rachel Jaffe Mauceri, as well as Robinson+Cole attorneys John L. Cordani, Curtis J. Crowther, Tasnuva (Taz) Islam, and Janet (Zhanna) Kljyan. The debtors were three members of a corporate family (Mariner Health Care) that oversaw, managed, and operated approximately 20 skilled nursing facilities (SNFs) in California, plus additional facilities outside California. Robinson+Cole's co-representation of the Mariner Committee led significantly to the resolution of all of the litigation pending against the debtors and their non-debtor affiliates and a consensual plan. The firm’s co-committee advisors included co-counsel Sheppard Mullin Richter & Hamilton, LLP and Committee financial advisor, Province. Other key professionals included the Mariner Debtors’ advisors, Raines Feldman Littrell LLP, Pachulski, Stang, Ziehl & Jones and Sierra Constellation Partners. “We’re deeply honored by these recognitions, which underscore the sophistication and tenacity of our Bankruptcy + Reorganizations attorneys,” said Natalie Ramsey. “Each matter presented unique challenges, and our ability to deliver strategic, client-focused solutions is a testament to the depth of talent and collaboration across our group. These awards reflect not just meaningful outcomes, but the trust our clients place in us to navigate complex, high-stakes restructurings.” The independently governed Turnaround Atlas Awards honor the best value-creating transactions, outstanding firms, professionals and leaders from the global restructuring, insolvency, and distressed investing communities. In March, M&A Advisor also recognized Robinson+Cole’s Bankruptcy + Reorganizations group with the “Ch. 11 Reorganization of the Year” award in the under $100MM category for its representation of the Official Committee of Unsecured Creditors in In re Mariner Health Central Inc. (N.D. Calif. 2022-23) at its 19th Annual Turnaround Awards. The Group went on to take home one of the event’s most significant recognitions: “Law Firm of the Year.”

Wins “Out of Court Restructuring” and “Healthcare Restructuring” Categories at Prestigious Annual Event
Robinson+Cole Bankruptcy + Reorganizations Practice Earns Dual Recognitions at Turnaround Atlas Awards teaser
April 2, 2025

Robinson+Cole Bankruptcy + Reorganization Group Wins “Law Firm of the Year”

M&A Advisor 19th Annual Turnaround Awards
Robinson+Cole Bankruptcy + Reorganization Group Wins “Law Firm of the Year” teaser
November 26, 2024

Robinson+Cole Bankruptcy + Reorganizations Group Wins Two 23rd Annual M&A Advisor Awards

M&A Advisor
Robinson+Cole Bankruptcy + Reorganizations Group Wins Two 23rd Annual M&A Advisor Awards teaser
December 19, 2023

Robinson+Cole Elects New Partners and Counsel

Robinson+Cole Elects New Partners and Counsel teaser
April 7, 2023

Curtis Crowther and Trevor Bradley Author Delaware Business Court Insider Article on Restrictive Covenant Enforcement

Delaware Business Court Insider

December 19, 2023

Robinson+Cole Elects New Partners and Counsel

Robinson+Cole Elects New Partners and Counsel teaser
April 7, 2023

Curtis Crowther and Trevor Bradley Author Delaware Business Court Insider Article on Restrictive Covenant Enforcement

Delaware Business Court Insider