Richmond L. Williams, Esq.
Attorney
Wilmington, Delaware
- Brownfield Redevelopment
- Commercial Real Estate
- Mergers & Acquisitions
- Environmental/Energy Law
- Corporate Governance
Highly experienced counsel with broad background in resolving complex commercial and environmental issues and in reaching agreement in contracts relating to mergers and acquisitions, construction projects, engineering, alternative energy projects, environmental remediation, transportation (logistics) and real estate matters, including through mediation and arbitration. Extensive experience in multi-party environmental litigation, regulatory enforcement actions, multi-party allocation proceedings, regulatory counseling and compliance, mergers and acquisitions and complex real estate transactions involving contaminated properties.
RLWilliamsADR, LLC - Proprietor
Attorney
Proprietor, RLWilliamsADR, LLC, 2024 - Present; Senior Counsel, Manko Gold Katcher Fox, LLP, 2023-2024; Chief Counsel Env. & RE, Ashland Inc., 2009-2022; Chief Counsel SHERA, Hercules Incorporated, 1990-2009; Senior Associate, Duane, Morris & Hecksher, 1988-1990; Deputy Attorney General, State of Delaware, Department of Justice, 1984-1988; Associate, Sawyer and Akin, 1982-1984.
Oversight of litigation involving interpretation of agreements for purchase and sale of businesses and stand-alone real estate. Issues primarily involved provisions relating to assumption/retention of liabilities. Litigation has involved claims for restoration of former oil fields and other infrastructure related to oil refining and distribution. Oversight of cost recovery litigation for both claimant and defense.<br/><br/>Mergers and acquisitions and business transactions: negotiation of contracts in transactions involving sale of businesses, reorganizations relating to the sale, addressing pre-sale due diligence issues and addressing post closing issues. Negotiation of contracts for the sale and acquisition of real estate, including redevelopment of real estate with complex environmental histories. Counseling clients regarding such transactions. Negotiation of professional services agreements regarding engineering, construction, environmental assessment and remediation and other similar services. Negotiation of complex agreements for alternative energy projects.<br/><br/>Corporate law issues including consulting with corporate secretary, finance and treasury groups regarding entity management, SEC reporting obligations and P&L and cash flow impacts of the matters above. Evaluation of successor liability issues in multiple transactions and claims against alleged successor (on behalf of claimants and alleged successors). <br/><br/>Counseling clients regarding environmental, health and safety compliance and responses to enforcement actions in these areas. Counseling regarding remediation issues in the context of single party and multi-party remediation sites, including establishment and operation of multi-party remediation groups. <br/><br/>Served as Special Disciplinary Counsel to prosecute confidential attorney disciplinary cases through appointment by Delaware Supreme Court.
Certified Delaware Superior Court Mediator since 2007.<br/><br/>Although not serving as the neutral, has served as advocate in many ADR proceedings over 32 year career as inhouse counsel, including contractually mandated and court ordered ADR. Most ADR proceedings have been mediations. Most environmental liability allocation mediations were multi-party mediations.<br/><br/>Served as quasi-judicial officer as member of Delaware’s Board on Professional Responsibility for three terms (9 years). Members are appointed by the Delaware Supreme Court and issue reports and recommendations to the Supreme Court following full adversary proceedings.<br/>Served as Delaware Superior Court appointed arbitrator in Rule 16 mandatory arbitrations.<br/><br/>Counsel to Delaware State Administrative Boards, while Deputy Attorney General.
Although not serving as the neutral, has served as advocate in many ADR proceedings during 32 year career as inhouse counsel. Many of which, particularly environmental liability allocation mediations, were multi-party mediations. <br/>Issues have included allocation of environmental liabilities for remediation among potentially responsible parties, provisions regarding retention or assumption of liabilities in M&A transactions and other commercial contracts (particularly engineering, construction and environmental services agreements), escrow provisions in contracts for sale of real estate, requirements under real estate license agreements.
Mediation is a facilitated negotiation. The parties retain ultimate control over whether they enter into an agreement or not. I prefer a facilitative approach; I would not provide my views of parties’ positions, except as a last resort and as requested by the parties.<br/><br/>The mediator’s role is multifaceted: (1) assist the parties to refine their understanding of the legal, factual and business issues in the dispute and how they may affect the potential upside and downside of an adjudicated outcome; (2) assist the parties to frame and communicate proposals; (3) assist the parties to evaluate and respond to proposals; (4) facilitating communications between parties; and, (5) assist the parties to memorialize any agreements reached.<br/><br/>As inhouse counsel responsible for resolving disputes on a wide range of issues, it was necessary to be sensitive to how the dispute might impact my employer from a variety of perspectives. My role included prosecuting claims as well as responding to them, so I have been involved in both sides of many issues.<br/><br/>My preference is to work with the parties to determine the most effective process, what information I need to understand the nature and context of the dispute and the specific issues that are important to its resolution. This would normally involve a brief pre-mediation conference and establishing a schedule for mediation statements and other information on a confidential basis prior to the mediation. Information obtained from these submissions would only be shared with the adverse party when requested by the submitting party. I respect party autonomy in mediation and only share my views of the parties’ respective positions if they request it. If the dispute settles, I assist in memorializing that agreement.
Familiar with various online platforms (Teams, Zoom, Webex, etc.) and willing to conduct arbitrations virtually. <br/><br/>Comfortable with Microsoft Office Suite<br/><br/>Preference for sharing electronic documents throughout the matter. Hard copies of exhibits are not encouraged at the evidentiary hearing.
Dickinson School of Law (J.D.-1982); Williams College (B.A, Economics, cum laude-1979).
Admitted to the Bar: Delaware (1982); U.S. District Court: District of Delaware (1983); U.S. Court of Appeals: Third Circuit (1984).
Delaware State Bar Association (Alternative Dispute Resolution Section, Corporate Counsel Section, Environmental Law Section, Real Estate Section); American Bar Association.
“Asset Purchasers Can Take Reasonable Steps to Mitigate Risks of Successor Liability” (with Dylan LaMorte), Legal Intelligencer, November, 2023; Podcast, Drafting ADR Clauses, August 2023; "Understanding the Mediator Toolbox", Small Firms & Solo Practitioners and ADR Conference 2024, Delaware State Bar Association, May 17, 2024.
Delaware and Greater Philadelphia Metropolitan Area; Charlotte, NC and surrounding areas.
$700 Per Hour
English
United States of America
Wilmington, DE
The AAA’s Rules provide the AAA with the authority to administer a mediation including, mediator appointment, general oversight and billing. Accordingly, mediations that proceed without AAA administration are not considered AAA mediations, even when the parties select an mediator who is on the AAA’s Roster.
The information contained in this resume has been supplied solely by the individual mediator and may, or may not, be a complete recitation of their experience. The AAA assumes no responsibility for the content, completeness, accuracy, or reliability of the information contained in a mediator’s resume. If you have any questions about a mediator’s experience or background, you are encouraged to contact your case manager.
Mediators on the AAA Roster are not employees or agents of the AAA.
The information contained in this resume has been supplied solely by the individual mediator and may, or may not, be a complete recitation of their experience. The AAA assumes no responsibility for the content, completeness, accuracy, or reliability of the information contained in a mediator’s resume. If you have any questions about a mediator’s experience or background, you are encouraged to contact your case manager.
Mediators on the AAA Roster are not employees or agents of the AAA.
