Donna is a business reorganization and commercial litigation partner, with more than 20 years’ experience in state and federal court.
She represents a wide variety of corporate clients in bankruptcy and business litigation matters, and in administrative, regulatory and government proceedings, including unclaimed property (escheat) audits and voluntary disclosure agreements.
Donna’s bankruptcy litigation experience includes the representation of corporate debtors, creditors and litigation trusts in a variety of commercial disputes, including preference and fraudulent transfer litigation and contested claims matters. She also has substantial experience litigating contract and fiduciary duty claims in state and federal court and is actively involved in alternative dispute resolution, representing clients in arbitration and mediation proceedings.
In addition to her litigation practice, Donna regularly represents clients in state unclaimed property audits and with voluntary efforts to comply with unclaimed property laws through voluntary disclosure agreements.
An active member of the Delaware bar, Donna serves as co-chair of the Litigation Committee of the Bankruptcy Section of the Delaware State Bar Association and was appointed by the Delaware Supreme Court to serve on the Delaware State Board of Bar Examiners. Donna also serves as a member of the Morris Nichols Executive Committee.
Represented Security National Properties Funding II, LLC in litigation with secured lenders arising in Chapter 11 bankruptcy proceeding.
Represented Nortel Networks and affiliates in adversary proceedings related to Chapter 11 bankruptcy proceeding.
Counsel to various public utilities, including Comcast Communications, Public Service Electric & Gas Company and Windstream Communications in administrative and regulatory proceedings before the Delaware Public Service Commission.
Represented liquidating trustee of Inspirion Delivery Sciences LLC in connection with sale of company’s assets and wind down of business affairs
Represented Littlejohn Opportunities Master Fund in contractual indemnification litigation pending in Delaware Superior Court.
Counsel to the Safety-Kleen Creditor Trust in more than 400 avoidance actions filed in the Delaware Bankruptcy Court.
Counsel to Green Plains Renewable Energy, Inc. in defense of $48 million dollar fraudulent transfer action.
News & Insights
- Speaking Engagement, 05.06.2021
Morris Nichols partners Michael Houghton and Donna Culver will join members of Ernst & Young LLP’s Unclaimed Property and Escheat Services practice for a 60-minute webcast addressing the current unclaimed property landscape.
- Article, Bloomberg Law, 12.21.2020
This article discusses the bankruptcy discharge process and how prospective acquirors of bankrupt companies can identify and potentially avoid liability for legacy unclaimed property liabilities that may remain following confirmation of a plan of reorganization.
- Speaking Engagement, Webinar, 11.17.2020
Morris Nichols and Ryan LLC discuss the current unclaimed property litigation, audit, and voluntary compliance landscape and potential winds of change that will likely carry over into 2021 and beyond.
- Firm News, 08.20.2020
Thirty-one Morris Nichols attorneys were recognized in the 2021 edition of The Best Lawyers in America. The results are based on peer-review evaluations from more than 67,000 eligible attorneys.
- Speaking Engagement, Austin, Texas, 03.19.2017 Through 03.22.2017
- Webinar, Webinar, 09.29.2016
- Article, Tax Management Weekly State Tax Report, 07.01.2016
This article discuss the availability and specifics of these programs in seven states.
Honors & Recognitions
The Best Lawyers in America®, listed in Delaware bankruptcy and creditor debtor rights / insolvency and reorganization law, 2013-2021, and bankruptcy - litigation, 2018-2021
Professional & Civic
American Bankruptcy Institute
American Bar Association
Board of Bar Examiners of the State of Delaware (Member, 2007-2013; Associate Member, 2000-2006)
Delaware State Bar Association (Bankruptcy Section, Litigation Committee, Co-Chair)
Unclaimed Property Professionals Organization
Boston University School of Law, JD, cum laude, 1991
University of Delaware, BA, political science and criminal justice, magna cum laude, 1988
- Delaware, 1991
- US District Court for the District of Delaware, 1992
- US Court of Appeals for the Third Circuit, 2001