Kate Roggio Buck | McCarter & English, LLP

Kate helps clients creatively solve problems and protect or advance their business interests in litigation and investigations or through developing important internal policies.

Kate Roggio Buck represents clients in an array of commercial, bankruptcy-related, and appellate litigation as well as collegiate sports compliance investigations. Clients seek out her deep understanding of the Delaware trial and appellate courts in retaining her as lead or local counsel in those courts. Her experience extends to matters involving construction, real estate, products liability, directors and officers policies, compliance, creditors’ rights, environmental issues, and financial fraud.

Her bankruptcy work includes representing equipment lessors, landlords, utility providers, railways, vendors, banks, and other parties with interests in complex business reorganizations and liquidations. Kate works closely with clients to develop dispute resolution and litigation strategies tailored to help them achieve their business objectives.

In the NCAA sports compliance space, Kate advises individuals, institutions, and other organizations on compliance with the ever evolving NCAA and state regulations governing collegiate sports (including involving name, image, and likeness (NIL) policies and intercollege Transfer Portal policies), including helping them develop internal policies concerning these regulations or conducting or responding to internal or other compliance investigations.

An active member of McCarter’s Pro Bono Committee, Kate supervises the firms’ collaboration with the Pennsylvania Innocence Project. Her other pro bono work includes representing individuals, including children, in child welfare cases, immigration matters, and in animal welfare matters. Kate’s pro bono efforts earned her the McCarter & English “Changing Lives Award” and contributed to McCarter’s Delaware office receiving a Pro Bono Leadership Award from the Delaware State Bar Association.

Advising a student-athlete in responding to an investigation involving compliance with NCAA regulations.

Represent the equipment financing division of a major national bank in defaulted equipment leasing and financing matters. These matters have involved equipment such as standard office equipment or automated guided vehicles securing tens of millions of dollars in financing.

Represent banks and other note holders in actions to enforce creditors’ rights in equipment and other collateral securing defaulted loans and mortgaged real property as well as in replevin actions and concerning disposition of collateral pursuant to Article 9 of the Uniform Commercial Code.

Represented equipment lessors in bankruptcy cases in various jurisdictions, Comcar Industries (Bankr. D. Del.), OSG Holdings (Bankr. D. Del.), and Sun Edison (Bankr. SDNY).

Obtained a dismissal of an action brought against our clients, a Canadian rail company and an American rail company, in New Jersey bankruptcy court on grounds that jurisdiction was lacking under the Carmack Amendment.

Represented the Chapter 7 Trustee in litigation to prevent the Debtor’s discharge on the basis of fraudulent conduct. After briefing and arguing the issues on Summary Judgment, the Court issued a detailed decision ruling in our favor (published as Stanziale v. Boyajian (In re Boyajian), 486 B.R. 306 (Bankr. N.J., 2013)).

Regularly defend Fortune 500 Companies in bankruptcy avoidance actions including fraudulent transfer actions with tens of millions of dollars at issue. In addition to raising typical defenses, we have successfully argued defenses that involved issues of first impression, including issues posing a threat to the core business operations of our clients.

Obtained a dismissal for the Navajo Times in a bankruptcy adversary action on the basis of a Sovereign Immunity defense. The court’s well-reasoned decision is published as Subranni v. Navajo Times Publishing Company, Inc. (In Re Star Group Communications, Inc.), 2016 Bankr. LEXIS 1893 (Bankr. N.J. April 29, 2016).

Successfully litigated a dispute against the assignee of a contract and received an award of all litigation fees in connection with the proceedings in the Bankruptcy Court and the appeals to the District Court and, ultimately, the 3^rd Circuit Court of Appeals. The Third Circuit Decision is published as Regis Corporation (Appellant) v. Southern El Dorado Corporation (Appellee) (In re Trade Secret, Inc.), 609 Fed. Appx. 98 (3d Cir. June 10, 2015) (Appeal from Bankruptcy Court Judgment).

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