Mark E. Felger

Co-Chair, Bankruptcy, Insolvency & Restructuring

Wilmington

(302) 295-2087

(302) 295-2013

Recent News:

31 Cozen O'Connor Attorneys Named Pennsylvania Super Lawyers and Rising Stars

Each candidate is evaluated on 12 indicators of peer recognition and professional achievement. Only 5 percent of attorneys are named Super Lawyers; only 2.5 percent of attorneys are listed as Rising Stars.

Mark is the co-chair of the firm's Bankruptcy, Insolvency & Restructuring Group, and he served as the office managing partner of the firm's Delaware office from its opening in 2000 through 2021. 

Mark has a broad commercial practice, focusing in the areas of Chapter 11 reorganization and general insolvency law for more than 30 years. He has represented all constituencies in corporate restructurings and insolvencies both in and out of Chapter 11, including debtors, unsecured creditors' committees, plan trustees, secured creditors, trade creditors, landlords, equipment lessors, reclamation creditors, insurance companies, and equity security holders, as well as acquirers of troubled businesses.

Mark’s practice includes, in large part: (i) counseling debtors through non-judicial restructurings and Chapter 11 proceedings; (ii) advising unsecured creditors’ committees in Chapter 11 proceedings; and (iii) representing trustees in complex Chapter 7 cases.

Mark is a certified mediator for the U.S. Bankruptcy Court for the District of Delaware and maintains an active mediation practice. He has been appointed to serve as mediator in several hundred proceedings over the past 15 years and has successfully mediated more than 150 matters, including WARN litigation, breach of fiduciary duty actions, avoidance litigation, and claim disputes.

Mark is a fellow of the American College of Bankruptcy and is certified by the American Board of Certification in business bankruptcy. He has been designated as a Super Lawyer in both Delaware and Pennsylvania and has been listed in Chambers and Partners USA as a leading bankruptcy lawyer in Delaware since 2005. Mark is a co-author and editor of Representing the Creditors’ Committee: A Guide for Practitioners, published by the American Bankruptcy Institute. Mark is on multiple committees for the American Bankruptcy Institute and the Advisory Board of its mid-Atlantic conference, and a past co-chair of the Unsecured Trade Creditors’ Committee. In addition, he is a past president and chairman of the Board for the Philadelphia/Wilmington Chapter of the Turnaround Management Association (TMA) and is a member of the Board of Trustees of TMA Global. Mark also serves on the Board of the American Board of Certification and its marketing committee. 

Mark graduated from Rochester Institute of Technology, with high honors in 1985, and received his J.D. in 1989 from Boston University. 

Experience

News

31 Cozen O'Connor Attorneys Named Pennsylvania Super Lawyers and Rising Stars

June 11, 2024

Each candidate is evaluated on 12 indicators of peer recognition and professional achievement. Only 5 percent of attorneys are named Super Lawyers; only 2.5 percent of attorneys are listed as Rising Stars.

Nearly 100 Cozen O’Connor Lawyers, 27 Practices Earn Top Recognition in Chambers USA 2024 Guide

June 10, 2024

Chambers USA rankings are based on an “assessment of a firm’s work and opinions from external market sources, with an emphasis on client feedback.” In order to be ranked in the guide, lawyers and firms must demonstrate “sustained excellence.”

Cozen O’Connor Announces New Group Chairs, Office Managing Partners, Other Promotions

February 15, 2024

The firm announced several new practice group chairs, office managing partners, and leaders of firm committees and initiatives

Mark Felger Named Fellow of the American College of Bankruptcy

November 07, 2023

WILMINGTON, November 7, 2023 – Mark Felger, co-chair of Cozen O’Connor’s Bankruptcy, Insolvency & Restructuring Practice, has been named a fellow of the American College of Bankruptcy. This distinction recognizes outstanding bankruptcy professionals for their achievements in the field, contributions to upholding justice, and dedication to public service.

Eighty-eight Cozen O’Connor Lawyers, 23 Practices Earn Top Recognition in Chambers USA 2023 Guide

June 05, 2023

Of the 88 lawyers ranked, 17 lawyers have been recognized nationally, and eighteen were recognized in Band 1. Eight of the firm's practice areas have been recognized nationally, and nine were ranked Band 1.

42 Cozen O'Connor Attorneys Named Pennsylvania Super Lawyers & Rising Stars

May 24, 2023

Super Lawyers has selected 42 Cozen O'Connor attorneys to the 2023 Pennsylvania Super Lawyers and Rising Stars lists.

U.S. Tobacco Deal Wins M&A Advisor Award

November 16, 2022

The team's representation of U.S. Tobacco successfully ended a 17-year class action battle for the largest tobacco cooperative in the United States.

Cozen O’Connor’s Corporate Practice and Multiple Attorneys Recognized in IFLR1000 2022 Edition

October 24, 2022

Cozen O’Connor is pleased to announce that the firm’s Corporate Practice and multiple attorneys in the firm’s Corporate and Bankruptcy, Insolvency & Restructuring practices have been recognized by IFLR1000 in its 2022 edition.

Chambers Ranks 86 Cozen O’Connor Lawyers, 22 Practice Areas in Chambers USA 2022 Guide

June 02, 2022

Chambers USA, the leading annual guide to the top lawyers and law firms in the United States, has ranked 86 Cozen O’Connor lawyers as leaders in their respective fields in the guide’s 2022 edition.

49 Cozen O'Connor Attorneys Named Pennsylvania Super Lawyers and Rising Stars

June 01, 2022

Super Lawyers has selected 49 Cozen O'Connor attorneys to the 2022 Pennsylvania Super Lawyers and Rising Stars lists.

Two Cozen O'Connor Attorneys Named Delaware Super Lawyers and Rising Stars

May 31, 2022

Super Lawyers has selected two Cozen O'Connor attorneys to the 2022 Delaware Super Lawyers and Rising Stars lists.

Cozen O’Connor’s Corporate Practice and Multiple Attorneys Recognized by IFLR1000

September 16, 2021

Cozen O’Connor is pleased to announce that the firm’s Corporate Practice and multiple attorneys in the firm’s Corporate and Bankruptcy, Insolvency & Restructuring practices have been recognized by IFLR1000.

More Than 205 Cozen O’Connor Attorneys Named Best Lawyers and Ones to Watch By The Best Lawyers In America

August 19, 2021

Best Lawyers selected 210 Cozen O’Connor lawyers from 23 of the firm’s nationwide offices for inclusion in the 2022 edition of The Best Lawyers in America.

47 Cozen O'Connor Attorneys Named Pennsylvania Super Lawyers and Rising Stars

May 28, 2021

Super Lawyers has selected 47 Cozen O'Connor attorneys to the 2021 Pennsylvania Super Lawyers and Rising Stars lists.

Mark Felger Named a 2021 Delaware Super Lawyer

May 26, 2021

Cozen O’Connor is pleased to announce that Mark Felger, co-chair of the firm’s Bankruptcy, Insolvency & Restructuring Group, has been named to Super Lawyers 2021 list of top practitioners in Delaware.

82 Cozen O’Connor Lawyers, 19 Practices Earn Top Recognition in Chambers USA 2021 Guide

May 26, 2021

Chambers USA, the leading annual guide to the top lawyers and law firms in the United States, has ranked 82 Cozen O’Connor lawyers as leaders in their respective fields in the guide’s 2021 edition; of those, 15 lawyers have been recognized nationally.

Bankruptcy Practice's Human Element Also Fell To COVID-19

March 11, 2021

Mark Felger discusses the impact the COVID-19 pandemic has had on the practice of bankruptcy law in Law360.

200 Cozen O’Connor Attorneys Named Best Lawyers and Ones to Watch By The Best Lawyers In America

August 20, 2020

Best Lawyers selected 200 Cozen O’Connor lawyers from 23 of the firm’s nationwide offices for inclusion in the 2021 edition of The Best Lawyers in America© (Copyright 2020 by Woodward/White, Inc., of Aiken, SC).

Fifty-Eight Cozen O'Connor Attorneys Named Pennsylvania Super Lawyers and Rising Stars

June 05, 2020

Super Lawyers has selected 58 Cozen O'Connor attorneys to the 2020 Pennsylvania Super Lawyers and Rising Stars lists.

63 Cozen O’Connor Lawyers, 16 Practices Earn Top Recognition in Chambers USA 2020 Guide

May 14, 2020

Chambers USA, the leading annual guide to the top lawyers and law firms in the United States, has ranked 63 Cozen O’Connor lawyers as leaders in their respective fields in the guide’s 2020 edition.

Felger Named President of the Philadelphia/Wilmington Chapter of the Turnaround Management Association

January 01, 2020

Mark Felger has been elected president of the Philadelphia/Wilmington chapter of the Turnaround Management Association (TMA). Mark, who is the office managing partner of the Wilmington office and co-chair of the firm's Bankruptcy, Insolvency & Restructuring Practice, will serve a one-year term as president.

138 Cozen O’Connor Attorneys Named to the Best Lawyers in America

August 28, 2019

Best Lawyers selected 138 Cozen O’Connor lawyers from 21 of the firm’s national offices for inclusion in the 2020 edition of The Best Lawyers in America.

64 Cozen O'Connor Attorneys Named Pennsylvania Super Lawyers and Rising Stars

May 21, 2019

Super Lawyers has selected 64 Cozen O'Connor attorneys to the 2019 Pennsylvania Super Lawyers and Rising Stars lists.

Publications

Chancery Court Emphasizes Nexus Between Unclean Hands Defense and Asserted Claims

May 01, 2024

Mark E. Felger and Kaan Ekiner discuss Vice Chancellor Morgan T. Zurn’s motion to strike the defenses of unclean hands and in pari delicto in Pilot v. Greg Abel in the Delaware Business Court Insider.

The Quirks of Mediation in Sub V

April 01, 2024

Marla S. Benedek and Mark E. Felger discuss the role of mediation in bankruptcy cases filed under subchapter V of chapter 11 of the Bankruptcy Code.

Chancery Declines Jurisdiction Over Contract and Tort Claims Not Arising Out of LLC Agreement [Delaware Business Court Insider]

March 06, 2024

Kaan Ekiner and Mark Felger, writing in the Delaware Business Court Insider, discuss a recent Delaware Court of Chancery decision considering jurisdictional challenges to non-resident managers in the context of contract and tort claims associated with an alleged dilution of equity interests in connection with a transfer of holdings to a Delaware LLC.

Del. Bankruptcy Court Decision Serves as Warning of Consequences of Violating the Automatic Stay [Delaware Business Court Insider]

January 17, 2024

Mark E. Felger and Simon E. Fraser caution parties about damages that can be incurred by violating the automatic stay of Section 362 of the bankruptcy code, even in situations where the debtor does not suffer any actual damages, in Delaware Business Court Insider.

Chancery Permits Limited Stockholder Inspection of Nonpublic Books and Records for Better Valuation of Shares

January 02, 2024

Kaan Ekiner and Mark Felger, writing in the Delaware Business Court Insider, discuss a recent Delaware Court of Chancery decision that permits a stockholder of a publicly traded company to inspect the books and records of the public company’s nonpublic subsidiary to “more accurately” value the public corporation’s publicly traded shares.

Court of Chancery Describes Limitations for Vacating Arbitration Awards

November 03, 2023

Kaan Ekiner and Mark Felger, writing in the Delaware Business Court Insider, discuss a recent Delaware Court of Chancery decision that demonstrates the court’s reluctance to vacate an arbitration award even where the arbitration proceeding and the resulting award might be flawed.

Court of Chancery Examines Director's Personal Relationship in Dismissing Duty of Loyalty Claim

September 11, 2023

Kaan Ekiner and Mark Felger, writing in the Delaware Business Court Insider, discuss Vice Chancellor Sam Glasscock III’s decision In re Orbit/FR Shareholders Litigation.

Court of Chancery Address Scope of Privilege Concerning Third-Parties

July 06, 2023

Kaan Ekiner and Mark Felger, writing in the Delaware Business Court Insider, discuss Chancellor Kathleen St. Jude McCormick’s decision in The Police and Fire Retirement System of the City of Detroit v. Elon Musk.

Delaware Supreme Court Addresses Forum Selection Disputes

June 09, 2023

Kaan Ekiner and Mark Felger, writing in the Delaware Business Court Insider, discuss West v. Access Control Related Enterprises, which addressed several issues that arise in cases involving forum selection disputes.

Court of Chancery Allows 30(B)(6) Depositions as a Tool in Section 220 Discovery

April 05, 2023

Kaan Ekiner and Mark Felger, writing in the Delaware Business Court Insider, discuss a recent Delaware Court of Chancery decision addressing the use and appropriate parameters for a Rule 30(b)(6) deposition as a discovery tool in connection with Delaware books and records actions under Section 220.

Court Issues Reminder of Potentially Harsh Consequences for Failure to Preserve Evidence in Anticipation of Litigation

March 08, 2023

Mark Felger and Simon Fraser discuss a Delaware Superior Court opinion that demonstrates the importance of preserving evidence leading up to litigation in a Delaware Business Court Insider article.

Chancery Court Sustains M&A Fraud Claims Based on Near-Term Financial Projections

February 02, 2023

Kaan Ekiner and Mark Felger, writing in the Delaware Business Court Insider, discuss a recent Delaware Court of Chancery decision addressing several issues that often arise in motion practice at the pleading stage of cases involving allegations of M&A fraud based on near-term financial projections.

Del. Bankruptcy Court Discusses Whether It Can Amend Bankruptcy Petition to 'De-Designate' a Subchapter V Case

January 04, 2023

Mark Felger and Simon Fraser discuss if a bankruptcy court has the authority to de-designate a subchapter V case to a regular Chapter 11 case in the Delaware Business Court Insider. In the article, Mark and Simon analyze In re ComedyMX, a subchapter V case where a debtor is unfit to serve as a fiduciary to the bankruptcy estate and how the decision raises uncertainty in the ability to obtain an order from the bankruptcy court de-designating a subchapter V case.

Chancery Court Addresses the Requirements for Issuing Letters of Request Under the Hague Convention

December 08, 2022

Barry Klayman and Mark Felger (Wilmington), writing in the Delaware Business Court Insider, discuss a recent Delaware Court of Chancery opinion that addressed the requirements for issuance of letters of request under the Hague Convention.

The Requirements of Equitable Fraud as a Basis for Chancery Court Jurisdiction

November 10, 2022

Barry Klayman & Mark Felger (Wilmington), writing in the Delaware Business Court Insider, discuss the requirements of equitable fraud as a basis for jurisdiction in the Court of Chancery in Delaware.

Court Upholds Garnishment of Beneficiary's Interest in Distributions From a Del. Statutory Trust

October 13, 2022

Barry Klayman and Mark Felger (Wilmington), writing in the Delaware Business Court Insider, discuss a recent decision by the Delaware Supreme Court upholding the garnishment of a beneficiary’s interest in distributions from a Delaware Statutory Trust.

Bankruptcy Code Preempts LLC Act's Statute of Repose for Recovery of Distributions

September 01, 2022

Barry Klayman and Mark Felger, writing in the Delaware Business Court Insider, discuss a recent decision by a judge in the Bankruptcy Court for the District of Delaware holding that Section 546 of the Bankruptcy Code preempts Delaware’s three-year statute of repose on the liability of a member for distributions from a limited liability company.

Chancery Lacks Jurisdiction to Award Damages for an Improvidently Entered Injunction in the Absence of a Bond

August 05, 2022

Barry Klayman and Mark Felger, writing in the Delaware Business Court Insider, discuss a recent decision in the Court of Chancery holding that the court lacks subject matter jurisdiction to award damages for an improvidently granted injunction in the absence of a bond or other security.

Equity May Allow a Pro Rata Recovery in a Derivative Action [Delaware Business Court Insider]

July 06, 2022

Barry Klayman and Mark Felger, writing in the Delaware Business Court Insider, review a recent decision by the Court of Chancery in which Vice Chancellor Laster discussed the circumstances under which the court might allow a pro rata recovery in the context of a derivative action.

Director's Access to Company's Privileged Information Upheld Despite Proxy Contest

June 01, 2022

Barry Klayman & Mark Felger (Wilmington), writing in the Delaware Business Court Insider, review a recent decision by the Court of Chancery in Delaware holding that where two halves of a deadlocked board are competing in a proxy contest, neither side could benefit from the company’s resources, including its privilege, to the exclusion of the other.

Stark Upholds Granting of Nunc Pro Tunc Retentions by Bankruptcy Court

May 04, 2022

Mark Felger and Barry Klayman co-authored an article on Law.com that analyzes U.S. District Court Judge Leonard P. Stark’s decision in City of Rockford v. Mallinckrodt (In re Mallinckrodt), 2022 WL 906451 (D. Del. Mar. 28, 2022).

Slights Addresses Third-Party Direct Actions by Judgment Holders Against an Insurer

March 31, 2022

Barry Klayman and Mark Felger, writing in the Delaware Business Court Insider, review a recent decision in the Superior Court of Delaware that addresses whether a third party may bring a direct action against an insurer for coverage on a theory of subrogation when equitable subrogation does not apply and the right cannot be traced to a statute or contract.

Court Refuses Appointment of a Custodian Under DGCL Section 226(a)(3) to Continue Defunct Corporation

March 02, 2022

Barry Klayman and Mark Felger, writing in the Delaware Business Court Insider, discuss a recent decision in the Delaware Court of Chancery refusing to appoint a custodian pursuant to Delaware General Corporation Law Section 226(a)(3) to continue the business of a defunct corporation.

The Common Law Insolvency Exception for the Sale of a Corporation's Assets Without Stockholder OK [Delaware Business Court Insider]

February 02, 2022

Barry Klayman and Mark Felger, writing in the Delaware Business Court Insider, discuss a recent decision in the Delaware Court of Chancery reaffirming the continuing validity of the common law insolvency exception for the sale of all or substantially all of the assets of an insolvent or failing corporation without the requirement for stockholder approval.

Timely Appeal of Order of Dismissal Warrants Substitution and Further Proceedings by Chapter 7 Trustee

January 13, 2022

Barry Klayman and Mark Felger, writing in the Delaware Business Court Insider, discuss a recent decision by the Delaware Supreme Court directing the Court of Chancery to substitute a Chapter 7 trustee for the nominal defendant and realign it as plaintiff in a shareholder action that had been dismissed for failure to make a demand on the company’s board of directors, where the case was pending on appeal when the bankruptcy case was filed.

VC Glasscock on the Evolution of the Vested Rights Doctrine in Delaware

December 09, 2021

Barry Klayman & Mark Felger, writing in the Delaware Business Court Insider, discuss a recent decision by Vice Chancellor Glasscock of the Delaware Court of Chancery reviewing the evolution of the vested rights doctrine in Delaware and synthesizing from prior case law a simplified test for its application.

Delaware Court Is Proper Forum to Address Issues Raised by Foreign Letters Rogatory

November 03, 2021

Barry Klayman and Mark Felger, writing in the Delaware Business Court Insider, discuss a recent decision by Judge Paul R. Wallace of the Delaware Superior Court holding that the Delaware courts are the proper forum for resolving issues raised by a subpoena issued pursuant to foreign letters rogatory, including the propriety and scope of the subpoena and whether the expenses of complying should be shifted from the non-party target to the requesting party.

Board's Delayed Response to Misconduct in Light of Enforcement Actions Defeats 'Caremark' Claim

October 07, 2021

Barry Klayman and Mark Felger, writing in the Delaware Business Court Insider, review a recent decision by Vice Chancellor Slights of the Court of Chancery dismissing a claim that defendants violated their Caremark duties because plaintiff failed to adequately plead demand futility.

Chancery Holds Section 3104(d)(4) Provides Standalone Authority for Alternative Means for Service of Process

September 02, 2021

Barry Klayman & Mark Felger, writing in the Delaware Business Court Insider, review a recent decision by Vice Chancellor Slights of the Court of Chancery of Delaware holding that section 3104(d)(4) of the Delaware Long Arm Statute provides standalone authority for alternative means for service of process, and approving international service of a summons and complaint by email and posting at the defendants’ residences.

Sontchi Rejects Majority View on Test to Determine Whether a Business Trust Is an Eligible Debtor

July 01, 2021

Barry Klayman and Mark Felger, writing in the Delaware Business Court Insider, review a recent decision from Chief Judge Sontchi of the Bankruptcy Court for the District of Delaware holding that the law of the jurisdiction in which a trust is organized governs whether it is a “business trust” that can be an eligible debtor under the Bankruptcy Code.

High Court Affirms Bankruptcy Ends LLC Membership but Not Member's Economic Interest

June 03, 2021

Barry Klayman and Mark Felger, writing in the Delaware Business Court Insider, review a recent decision from the Supreme Court of Delaware affirming that the Bankruptcy Code does not preempt the Delaware Limited Liability Company Act to the extent that it divests members of an LLC who file for bankruptcy of the right to participate in the management of the company, but not their economic interest.

What Constitutes a Consumer Deposit for Priority Treatment Under the Bankruptcy Code

May 05, 2021

Barry Klayman and Mark Felger, writing in the Delaware Business Court Insider, review a recent decision from the Bankruptcy Court for the District of Delaware discussing what is a consumer deposit for purposes of priority treatment under section 507(a)(7) of the Bankruptcy Code and holding that prepayments to a flight service company for future airplane flights were deposits within the meaning of the statute.

Motions for Partial Dismissal Toll the Period for Answering the Entire Complaint for Del.'s Note Action Statute

March 31, 2021

Barry Klayman & Mark Felger, writing in the Delaware Business Court Insider, discuss a recent decision from the Superior Court of Delaware holding that partial motions to dismiss toll the period for answering the entire complaint under Delaware’s Note Action Statute moving for partial dismissal before answering is not a procedural error necessitating a default or other repercussions.

The Doctrine of Unclean Hands as Guardian of Equity

March 03, 2021

Barry Klayman and Mark Felger, writing in the Delaware Business Court Insider, discuss a recent decision from the Court of Chancery of Delaware that discusses the doctrine of unclean hands and explains how it serves as the guardian of equity and a vehicle for protection of the reputation of the court itself.

The Affiliate Privilege Doctrine Explained

February 03, 2021

Barry Klayman and Mark Felger, writing in the Delaware Business Court Insider, discuss a recent decision from the Delaware Superior Court that serves as a primer on the affiliate privilege doctrine.

A Primer and a Warning for Section 220 Proceedings

January 14, 2021

Barry Klayman & Mark Felger, writing in the Delaware Business Court Insider, discuss a recent decision from the Court of Chancery in Delaware that serves as a primer on increasingly common defenses to stockholder books and records inspection demands and a cautionary tale for defendants in Section 220 proceedings who opt to pursue overly aggressive defense strategies that seek to place obstacles to the use of Section 220 as a quick and easy pre-filing discovery tool.

Chancery Holds First-Party Claims Covered by Standard Indemnity Provision in LLC Agreement Absent Express Contrary Intent

December 09, 2020

Barry Klayman and Mark Felger, writing in the Delaware Business Court Insider, discuss a recent decision by the Court of Chancery in Delaware holding that first-party claims are covered by a standard indemnity provision in a limited liability company agreement absent an express intent to the contrary, rejecting application of the presumption in a line of cases involving bilateral commercial contracts against fee-shifting with respect to claims between the contracting parties absent a clear statement allowing it.

Waiver of Partition Right Held Unenforceable Where Unlimited in Duration

November 04, 2020

Barry Klayman and Mark Felger, writing in the Delaware Business Court Insider, discuss a recent decision by the Court of Chancery in Delaware holding that a waiver of partition rights by co-tenants of real property was unenforceable because it was unlimited in duration.

Anti-Assignment Clause Prohibiting Assignment by Operation of Law Applies to Subsequent Merger

October 07, 2020

Barry Klayman and Mark Felger writing in the Delaware Business Court Insider, discuss a recent decision by the Superior Court of Delaware holding that an anti-assignment clause prohibiting an assignment “by operation of law” without the other party’s consent applied to a subsequent merger in which the contracting party was not the surviving entity.

Chapter 7 Trustee Can Abandon Looting Claims Back to Creditors Who Had Them Before the Bankruptcy

September 02, 2020

Barry Klayman and Mark Felger contributed an article to the Delaware Business Court Insider.

Seller's Privilege Claims Remain With Seller Unless Buyer Contracts for Waiver or Waiver Right

August 05, 2020

Barry Klayman and Mark Felger, writing in the Delaware Business Court Insider, discuss a recent decision by the Delaware Court of Chancery holding that, unlike the rule in merger cases, the privilege for communications regarding an asset purchase agreement and associated negotiations does not pass to the purchaser by default operation of law, but remains with the seller unless the buyer contracts for something different.

Chancery Decision Seeks to Further Clarify Operation of Del. Borrowing Statute

July 01, 2020

Barry Klayman & Mark Felger, writing in the Delaware Business Court Insider, discuss a recent decision by the Delaware Court of Chancery interpreting the state’s borrowing statute, which provides that a suit to enforce a cause of action arising outside of Delaware cannot be brought in a Delaware court after the expiration of the applicable Delaware statute of limitations or the statute of limitations of the state or country where the cause of action arose, whichever is shorter.

Chancery Upholds Shareholder Representative Structure and Refuses to Treat Sellers as Real Parties in Interest

June 10, 2020

Barry Klayman and Mark Felger published an article in the Delaware Business Court Insider.

Cause of Action for Professional Negligence Accrues at the Time of Injury, Not When Damages Occur [Delaware Business Court Insider]

May 06, 2020

Barry Klayman and Mark Felger authored an article in the Delaware Business Court Insider discussing a recent decision of the Delaware Supreme Court holding that for tort claims, such as legal malpractice actions, the wrongful act occurs at the time of injury.

Bankruptcy Court Lacks Jurisdiction to Decide Motion to Stay Pending Appeal [Delaware Business Court Insider]

April 01, 2020

Barry Klayman and Mark Felger discuss a recent decision of the U.S. Bankruptcy Court for the District of Delaware refusing to grant a motion to stay the bankruptcy proceedings pending an appeal to the district court.

Recommendations for Making and Responding to Requests for Credit Accommodations [Alert]

March 23, 2020

John T. Carroll and Mark E. Felger discuss how to request credit accommodations from your creditors and considerations before doing so.

Chancery Reaffirms Fiduciary Exception to Attorney-Client Privilege [Delaware Business Court Insider]

March 04, 2020

Barry Klayman and Mark Felger authored an article in the Delaware Business Court Insider, discussing a recent decision of the Delaware Court of Chancery reaffirming the fiduciary exception to the attorney-client privilege in the face of a challenge based on an amendment to the Decedents’ Estates and Fiduciary Relations law.

Superior Court Holds Jurisdiction Over Enforcement of Charging Order Vests in Chancery Court [Delaware Business Court Insider]

February 05, 2020

Barry Klayman and Mark Felger authored an article in the Delaware Business Court Insider explaining a recent decision in the Delaware Superior Court, which held that the Court of Chancery was the appropriate forum for enforcement of a charging order where the validity of conveyances between a limited liability company and its members was at issue.

Chancery Modifies Order After Finding Amendment, Representations Changed Litigation [Delaware Business Court Insider]

January 15, 2020

Barry Klayman and Mark Felger authored an article in the Delaware Business Court Insider discussing a recent decision in the Court of Chancery of Delaware granting a corporation’s motion to modify an earlier advancement order where the corporation subsequently amended its claims against a former officer and director in order to eliminate the grounds for advancement.

Chancery Applies 'Statutory Override' to Uphold Privilege for Emails Hosted on Adversary's Server [Delaware Business Court Insider]

December 11, 2019

Barry Klayman and Mark Felger authored an article in the Delaware Business Court Insider, discussing a recent decision in the Court of Chancery of Delaware concerning the applicability of the attorney-client privilege to emails between a party and his attorneys.

In Pari Delicto: Neither Fish Nor Fowl [Delaware Business Court Insider]

November 06, 2019

Barry Klayman and Mark Felger authored an article in the Delaware Business Court Insider, discussing a recent decision of the Court of Chancery of Delaware holding that the defense of in pari delicto is not limited either to actions in equity or at law, and may be asserted as a defense by the Receiver of an insurance company to a legal claim brought in a statutory liquidation proceeding pending in the Court of Chancery.

After Reargument, Chancery Affirms There Is No Bar to an Advance Waiver of Appraisal Rights [Delaware Business Court Insider]

October 09, 2019

Barry Klayman and Mark Felger authored an article in the Delaware Business Court Insider, discussing a recent decision of the Court of Chancery of Delaware holding that the Delaware General Corporation Law does not prohibit sophisticated owners of a corporation from including provisions in a merger agreement that bind them to a future sale of the resulting entity and the waiver in advance of their statutory appraisal rights.

Court: Liability Limitation Is Ambiguous Where Its Application Would Lead to Absurd Results [Delaware Business Court Insider]

September 04, 2019

Barry Klayman and Mark Felger authored an article in the Delaware Business Court Insider discussing a recent decision in the Delaware Superior Court, holding that a liability limitation in an agreement is ambiguous where its application would result in an absurd result.

Liquidating Trustee Succeeds to Privileges of Former Audit Committee [Delaware Business Court Insider]

August 07, 2019

Barry Klayman and Mark Felger discuss a recent decision of the Delaware Bankruptcy Court holding that a liquidating trustee succeeds to the privileges held by the debtor’s former audit committee.

Chancery Enforces Contractual Protections for Privileged Pre-Merger Communications [Delaware Business Court Insider]

July 03, 2019

Barry Klayman and Mark Felger discuss a recent case from the Delaware Court of Chancery upholding the use by the seller of a business of contractual provisions in a merger agreement to protect pre-merger, privileged communications between the seller and its counsel in negotiating the merger and prevent their use by the buyer in subsequent litigation with the seller.

Education

  • Boston University School of Law, J.D., 1989
  • Rochester Inst. of Technology, B.A., 1985

Awards & Honors

Chambers and Partners USA, 2005-2024
* This award is conferred by Chambers and Partners. A description of the selection methodology can be found here. No aspect of this advertisement has been approved by the Supreme Court of New Jersey.

Super Lawyers (DE: 2007 - 2008, 2011 - 2024, PA: 2005 - 2006, 2008 - 2024)
* This award is conferred by Super Lawyers. A description of the selection methodology can be found here. No aspect of this advertisement has been approved by the Supreme Court of New Jersey. 

IFLR1000 (Restructuring and Insolvency)

Lawdragon Leading Global Bankruptcy and Restructuring Lawyers, 2024

  • Delaware
  • New Jersey
  • New York
  • Pennsylvania
  • New York Supreme Court
  • U.S. Court of Appeals for the Third Circuit
  • U.S. District Court -- Delaware
  • U.S. District Court -- Eastern District of New York
  • U.S. District Court -- Eastern District of Pennsylvania
  • U.S. District Court -- New Jersey
  • U.S. District Court -- Northern District of New York
  • U.S. District Court -- Southern District of New York
  • American College of Bankruptcy
  • American Bankruptcy Institute
  • Turnaround Management Association
  • The American Board of Certification