Cross & Simon, LLC : Attorneys

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Christopher P. Simon focuses his practice in bankruptcy law and commercial litigation in the United States District Court for the District of Delaware and the United States Bankruptcy Court for the District of Delaware. Prior to joining founding member Richard H. Cross, Jr., Mr. Simon worked at The Bayard Firm (now Bayard, P.A.) in Wilmington, Delaware. He began his career as a trial attorney with the Office of the Public Defender for the State of Delaware.

Mr. Simon has represented a wide variety of parties and interests in federal court, and in chapter 11 and chapter 7 corporate bankruptcy cases, including debtors, trustees, official committees of unsecured creditors, landlords, equity holders and creditors. He regularly appears as lead counsel in all aspects of litigation (including contested matters and adversary proceedings) in the United States Bankruptcy Court for the District of Delaware and the United States District Court for the District of Delaware, and has argued on appeal in the United States Court of Appeals for the Third Circuit.

In addition to bankruptcy law and litigation, Mr. Simon also has experience litigating (and settling) consumer class action matters. In December 2009, the United States District Court for the District of Delaware certified a consumer class action case filed by Mr. Simon and his partner, Richard H. Cross, Jr., captioned, Johnson, et al. v. Government Employees Insurance Co., et al., D. Del. C.A. No. 1:06-cv-408. Cross & Simon, LLC is lead counsel in the Johnson case, as well as other consumer class action cases filed in Delaware.

Mr. Simon graduated from Washington & Lee University in Lexington, Virginia in 1992 with a Bachelor of Arts degree and received his Juris Doctorate from Widener University School of Law in Wilmington, Delaware. At Widener, he served on the law review for the Delaware Journal of Corporate Law.

Before beginning his legal career, Mr. Simon worked as a journalist. His articles have appeared in The News Journal, The Baltimore Sun and The Wall Street Journal, where he worked as an intern staff reporter. Mr. Simon is a member of the Board of Trustees for Christ Church Episcopal Preschool, and a volunteer guardian ad litem for the Office of the Child Advocate. From 2002 to 2011, he served as a Commissioner for the Wilmington Housing Authority. He is a member of the Delaware State Bar Association, the Delaware Trial Lawyers Association, the American Bankruptcy Institute, and the American Bar Association.

Mr. Simon lives in Wilmington with his wife Laura, sons Christopher and Hudson, and daughter Alexandra.

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Tara M. DiRocco joined Cross & Simon, LLC in August 2007. Tara concentrates her practice on commercial litigation matters, regularly litigating disputes before the Delaware State Courts. Tara has litigated cases in the Superior Court Complex Commercial Litigation Division which was established in May 2010 to handle cases where the amount in controversy is in excess of $1 million. She has experience in all aspects of civil trial practice, including alternative dispute resolution such as mediation and arbitration.

Tara represents clients in a variety of areas of commercial litigation, including real estate litigation, foreclosures, mechanics’ liens, and breach of contract actions. In addition, Tara has extensive experience with commercial and residential landlord/tenant law, representing landlords and tenants with regard to lease review and negotiations, as well as breach of lease actions, including evictions.

Education

Widener University School of Law (J.D., 2005)
Honors: cum laude
University of Delaware (B.A., 2002)
Major: Psychology
Major: Criminal Justice
Honors: magna cum laude

Bar Admissions

Delaware, 2005
United States District Court District of Delaware, 2006

Professional Associations

American Bar Association (Member)
Delaware State Bar Association (Member)

Richard H. Cross, Jr. is the founder and managing member of the firm. Before establishing Cross & Simon in 2002 he was a commercial and bankruptcy litigator with Young, Conaway, Stargatt & Taylor, a leading general litigation and bankruptcy firm in Wilmington. Prior to that, he was a litigation attorney with Morris, Nichols, Arsht & Tunnell. Mr. Cross began his legal career as law clerk for the Honorable Jerome O. Herlihy of the Superior Court of the State of Delaware.

Mr. Cross received his Bachelor of Arts degree from Binghamton University in Binghamton, New York in 1988 and his J.D. from the Law School at the college of William & Mary in Williamsburg, Virginia in 1996. Between college and law school, he served as an officer in the United States Navy where his primary responsibility was as a navigator on the F-14 Tomcat. Among other accomplishments, Mr. Cross earned two strike-flight air medals for his participation in Desert Shield and Desert Storm where he flew more than 40 combat missions over Iraq.

Mr. Cross is a regular lecturer on continuing legal education topics relating to commercial and civil litigation. Most recently, he was a speaker for classes on Delaware Creditor’s Rights and Commercial Landlord/Tenant Law. He lives in Wilmington with his sons, Will, Henry and George.

Amy E. Evans currently focuses her practice on commercial litigation, estate & trust litigation and guardianship matters. Ms. Evans holds a Bachelor of Arts degree from Temple University and earned her Juris Doctor from Widener University School of Law where she received top honors for course work in International Corporate Finance and Constitutional Law. She is a member of the Delaware Bar, the New York State Bar, the United States District Court for the District of Delaware, the United States District Court for the Southern District of New York and the United States Court of Appeals for the Third Circuit.

Prior to becoming associated with the firm, Ms. Evans served as a judicial law clerk for the Honorable Susan C. Del Pesco of the Superior Court of the State of Delaware, and as an Assistant City Solicitor for the City of Wilmington.

Ms. Evans is a member of the Wilmington Rowing Center and is active in the sport of rowing.

Ryan M. Ernst joined the firm in 2008 and focuses his civil litigation practice on commercial and corporate matters. He has experience in construction litigation, real estate litigation, landlord/tenant matters, securities litigation including shareholder class action and derivative suits, products liability litigation, personal injury, environmental litigation, collections, commercial transactions, and business planning. Prior to joining the firm, Ryan worked in the Wilmington offices of two regional firms focusing on civil and construction litigation.

Ryan obtained a Bachelor of Science degree in Finance from the University of Delaware, and an M.B.A. and J.D. from Temple University, where he also received the Arthur Burns Memorial Prize in Real Estate Law.

Ryan is admitted to practice in Delaware, Pennsylvania, New Jersey, the United States District Court for the District of Delaware, the United States District Court for the Eastern District of Pennsylvania, and the United States Court of Appeals for the Third Circuit. He is also a member of the Delaware State Bar Association and the American Bar Association.

Sean T. O'Kelly is a member of the firm and practices in all areas of litigation, including patent and commercial litigation, contract breach actions, and personal injury matters. Before joining Cross & Simon, Sean was an attorney with Morris, Nichols, Arsht & Tunnell, practicing primarily in the Intellectual Property Litigation Group. Prior to that, Sean was a Lead Structural Engineer at Boeing, working on such programs as the Apache AH-64, 757, 767, and 777 commercial jet aircraft.

Sean received B.S.Eng. and B.A. degrees from the University of Connecticut, an M.S. degree in Mechanical Engineering from Rensselaer Polytechnic Institute, and a J.D. degree, magna cum laude, from Temple University Beasley School of Law, where he received the Raynes, McCarty Prize for scholarly achievement in the law, and the Kozart Prize for excellence in products liability.

Since joining Cross & Simon, Sean has represented clients in a variety of matters. He appears routinely in all courts in Delaware. Represented clients of Sean’s include:

Astroworld, L.P.
Brooks Pharmacy, Inc.
Busch Entertainment Corp.
Cedar Fair
Cedar Fair LP
CVS Corporation
Darien Lake Theme Park and Camping Resort, Inc.
Diagnostic Devices, Inc.
Eckerd Corporation
Fifth Market, Inc.
Fujinon Corporation
Hertz Equipment Rental Corporation
Hewlett-Packard Company
Hy-Tech Thermal Solutions, LLC
Intamin, Ltd.
Intermec Technologies Corp.
Kings Island Company
Knott's Berry Farm
Kone Corporation

La-Z-Boy Furniture Galleries
Magic Mountain LLC
Maxi Drug, Inc.
Microsoft Corp.
Murphy Marine Service, Inc.
Paramount Parks, Inc.
PDM, Inc.
Planmeca U.S.A., Inc.
Presidio, Inc.
Rite Aid Corp.
Riverside Park Enterprises, Inc.
Six Flags Theme Parks Inc.
Sony Corporation
Telecommunications of Nevada, LLC
The Home Depot, Inc.
The Jean Coutu Group (PJC) USA, Inc.
Tierco Maryland, Inc.
Tropicana Entertainment, LLC

Michael J. Joyce is an experienced business attorney focusing his practice in the areas of corporate bankruptcy and commercial and corporate litigation. Mike has significant experience representing non-debtor and debtor corporations in bankruptcy and restructuring matters, including work on behalf of lenders, secured creditors, unsecured creditors, vendors, asset purchasers, trade creditors, equipment lessors, and landlords. Mike also represents clients in connection with out-of-court restructurings and debt workouts.

Recent representative matters of Mike’s include involvement in:

In re: SemCrude, L.P., Case No. 08-11525
Tempur-Pedic International v. Landvik; Fagerdala R&D, C.A. No. 06C-08-134
In re: Washington Mutual, Inc., Case No. 08-12229
In re: Anchor Blue Retail Group, Inc., Case No. 09-11770
In re: Hoop Holdings, LLC, Case No. 08-10544
Mehmel v. Luchs; Dominion Ventures, et al. C.A. No. 3408-VCN
In re: Tribune Company, Case No. 08-13141
In re: Abitibibowater Inc., Case No. 09-11296

Michael received his Bachelor of Arts degree, with honors, from the University of Delaware. He received his Juris Doctorate from Widener University School of Law. Michael is admitted to practice before the Delaware Supreme Court, the United States District Court for the District of Delaware, the Supreme Court of Pennsylvania, and the United States Court of Appeals for the Third Circuit. He is a member of the Delaware State Bar Association and the Pennsylvania Bar Association. Michael lives in Newark, Delaware with his wife Jennifer, daughter Kelsey and son Caelan.

Kevin S. Mann joined Cross & Simon, LLC in 2006, practicing primarily in the areas of commercial litigation and bankruptcy, representing corporate debtors, creditors, creditor committees and landlords in all aspects of Chapter 7 and Chapter 11 bankruptcies. Kevin also has experience in business planning and estate planning.

Kevin received his Bachelor of Arts degree from the University of Delaware, where he studied English. He received his J.D. degree from Rutgers University School of Law. Before law school, Kevin worked as a computer records specialist for Corporation Service Company and the University of Delaware.

Kevin is admitted to practice before the Delaware Supreme Court, the United States District Court for the District of Delaware, the Supreme Court of New Jersey, and the United States District Court for the District of New Jersey. He is a member of the Delaware State Bar Association and a volunteer attorney guardian ad litem for the Office of the Child Advocate. Kevin lives in Bear, Delaware with his wife, Amy, daughter, Annabelle, son, Archie, and their miniature dachshund, Penny.

Patrick M. Brannigan joined Cross & Simon, LLC in May of 2009. Prior to joining the firm, Patrick worked as a Deputy Attorney General for the State of Delaware for nearly four years, where he practiced as a trial attorney in the Criminal Division. Patrick has handled hundreds of trials, including misdemeanor and felony trials and is intimately familiar with the workings of the Superior Court for the State of Delaware. He has handled numerous jury trials. At his last post, Patrick worked in the Felony Trial Unit handling a variety of felony cases in the Major Crimes section of the unit.

Patrick was admitted to the Delaware Bar in 2006.

Patrick obtained his Bachelor of Science degree in Criminal Justice from Saint Joseph’s University, and received his Juris Doctorate, with honors, from Widener University School of Law. At Widener, Patrick participated in the Harrisburg Civil Law Clinic where he represented indigent clients on a variety of matters including bankruptcies, simple divorces and other financial matters.

Joseph Grey's practice primarily focuses on Bankruptcy law but he also has significant experience in other types of civil litigation in Delaware's state and federal courts. Joe has represented debtors, creditors, vendors, and entities seeking to acquire assets in bankruptcy cases. His clients have included parties in suits before the Court of Chancery, the Delaware Superior Court, and the United States District Court for the District of Delaware. In addition, Joe has assisted both claimants and employers in administrative proceedings pending before the Delaware Department of Labor and the US Equal Employment Opportunity Commission.

Besides his work in court, Joe has also advised and represented a number of clients in connection with debtor/creditor workouts, planning for the protection of assets, corporate dissolutions, and employment matters.

Before coming to Cross & Simon, Joe was a shareholder with Stevens & Lee from 1999 until 2009. Before that, a Director with Prickett Jones Elliott Kristol & Schnee (now Prickett Jones & Elliott) in Wilmington, Delaware. Joe started his legal career as a law clerk in the Court of Chancery, where he served under then Justice Joseph T. Walsh, then Vice Chancellor Jack B. Jacobs, and the late then Vice Chancellor Maurice T. Hartnett.

Joe attended college at the University of Virginia, graduating with a Bachelor of Arts with distinction in History in 1980. He received a Juris Doctorate from the University of Virginia School of Law in 1985. In March 2007, Joe was certified as a mediator by the Delaware Superior Court after successfully completing a course sponsored by that Court.

Joe is admitted to practice before the Delaware Supreme Court (since 1985), the United States District Court for the District of Delaware (1986), the United States Court of Appeals for the Third Circuit (1991), and the United States Supreme Court (1992). He is a member of the Delaware State Bar Association, the American Bar Association, and the American Bankruptcy Institute.

Joe currently serves as a Director of the 8th District Planning Council in Wilmington. In the past, he was a Director and President of the Board of Director's of St. Mark's High School, a member of the Diocesan Selection Committee tasked to assist in finding a principal for St. Marks High, and Joe was one of the "Blue Ribbon Panel" attorneys who represented indigent criminal defendants under the Criminal Justice Act. For the last ten years or so, Joe has also been pleased to serve as an attorney advisor/coach for the St. Marks High Mock Trial Team, which has won two state titles during that time.

Joe lives in Wilmington with his wife Kassie, where they try to keep tabs on their three adult children, Erin, Patrick and David.

David Holmes joined Cross & Simon, LLC in 2010, and he focuses his practice in the areas of corporate and commercial litigation, bankruptcy litigation and business transactions. Before joining Cross & Simon, David was an attorney at Morris, Nichols, Arsht & Tunnell LLP, practicing primarily in their corporate counseling group, where he specialized in the fiduciary duties of corporate directors and the Delaware corporate code.

David received his B.A. degree in History, cum laude, from the University of Delaware and his M.A. degree in History from the University of Wisconsin. He obtained his J.D. degree, cum laude, from the University of Pennsylvania Law School, where he was a James Wilson Fellow in Corporate Law and served on the Law Review.

David is admitted to practice before the Delaware Supreme Court and the United States District Court for the District of Delaware. He is a member of the Delaware State Bar Association and the American Bar Association. David has published a book and an article on Irish history. He lives in West Chester, Pennsylvania with his wife Laura and their three children.