Mark E. Felger

Co-Chair, Bankruptcy, Insolvency & Restructuring

Wilmington

(302) 295-2087

(302) 295-2013

Recent Publication:

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

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.

Mark is the managing partner of the Wilmington office and co-chair of the firm's Bankruptcy, Insolvency & Restructuring Practice. 

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 100 matters, including WARN litigation, breach of fiduciary duty actions, avoidance litigation, and claim disputes.

Mark 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 & 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 recently served as the co-chair of the Unsecured Trade Creditors’ Committee. In addition, he is the immediate past president and chairman of the board for the Philadelphia/Wilmington Chapter of the Turnaround Management Association; and served as the co-chair of the TMA’s Mid-Atlantic Regional Symposium for 2017 and 2018. Mark also serves on the Delaware Bankruptcy Court’s Local Rules Committee and the Board of the American Board Certification. 

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

Experience

News

Cozen O’Connor’s Corporate Practice and Multiple Attorneys Recognized by IFLR 1000

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 IFLR 1000.

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.

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

August 20, 2020

Best Lawyers selected 201 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.

57 Cozen O’Connor Lawyers, 16 Practices Earn Top Recognition in Chambers USA 2019 Guide

April 25, 2019

Chambers USA, the leading annual guide to the top lawyers and law firms in the USA, has ranked 57 Cozen O’Connor lawyers as leaders in their respective fields in the Guide’s 2019 edition.

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

August 22, 2018

One hundred twenty-six Cozen O’Connor lawyers from 20 of the firm’s national offices have been selected for inclusion in the 2018 edition of The Best Lawyers in America.

100 Cozen O’Connor Lawyers Named to the Best Lawyers in America

August 23, 2017

Lawyers were selected for inclusion in the 2018 edition based on a rigorous peer-review that has been developed and defined for more than 30 years.

Cozen O'Connor Bankruptcy Attorneys Receive Court Approval for Sale of Unilife

July 19, 2017

Mark Felger, in conjunction with Erik Schmidt and Keith Kleinman, received court approval for three sale transactions for Unilife Corp., a company which makes wearable medication devices.

Cozen O’Connor Earns Client Recognition in 2017 Chambers USA Rankings

May 26, 2017

Chambers USA recognized 47 Cozen O’Connor lawyers as leaders in their respective fields; 14 attorneys were recognized nationally and 11 were ranked in the top band.

Cozen O’Connor Attorneys Named 2009 Pennsylvania Super Lawyers By Law & Politics

May 28, 2009

Cozen O’Connor is proud to announce that 52 attorneys from the firm’s Philadelphia and West Conshohocken offices have been named 2009 Pennsylvania Super Lawyers by Law & Politics, and will appear in the June 2009 issues of Philadelphia magazine and Pennsylvania Super Lawyers.

Cozen O’Connor Attorneys Named Pennsylvania Super Lawyers By Law & Politics

May 29, 2008

Cozen O’Connor is proud to announce that 42 attorneys from the firm’s Philadelphia and West Conshohocken offices have been named 2008 Pennsylvania Super Lawyers by Law & Politics, and will appear in the June 2008 issues of Philadelphia magazine and Pennsylvania Super Lawyers.

Publications

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.

Payment of Discretionary Bonus Not a Per Se Fraudulent Conveyance [Delaware Business Court Insider]

June 05, 2019

Barry Klayman and Mark Felger discuss a recent case from the Delaware Bankruptcy Court holding that the payments by debtors of discretionary bonuses, not tied to previously enunciated metrics and while the debtors were insolvent, were not per se fraudulent conveyances under the Bankruptcy Code in an article in the Delaware Business Court Insider.

Superior Court Holds Chancery Jurisdiction Does Not Extend to All Contracts Involving LLCs [Delaware Business Court Insider]

May 08, 2019

Barry Klayman and Mark Felger discuss a recent case from the Delaware Superior Court holding that the Delaware Limited Liability Company Act does not confer jurisdiction on the Court of Chancery over all contracts involving LLCs.

Serving Process on a Dissolved LLC [Delaware Business Court Insider]

April 03, 2019

Barry Klayman and Mark Felger discuss a recent case from the Delaware Court of Chancery explaining the requirements for serving process on a dissolved limited liability company, in order for the plaintiff creditors to recover funds allegedly owed them by the defunct company.

Chancery Applies Flexible Approach to 'Line of Business' Test in Corporate Opportunities [Delaware Business Court Insider]

March 13, 2019

Barry Klayman and Mark Felger authored an article in the Delaware Business Court Insider, discussing a recent case from the Delaware Court of Chancery explaining the contours of the “line of business” test for purposes of the corporate opportunities doctrine.

Master in Chancery Finds an Enforceable Equitable Mortgage Despite Defects in Execution

February 20, 2019

Barry Klayman and Mark Felger authored an article in the Delaware Business Court Insider discussing a recent final report submitted by a Master in Chancery in Delaware, finding that an equitable mortgage was enforceable despite defects in the execution of the mortgage.

Chancery Finds 'Mutual General Release' to Be Not All Encompassing

January 17, 2019

Barry Klayman and Mark Felger co-authored an article in the Delaware Business Court Insider discussing a recent decision by the Delaware Court of Chancery regarding a mutual general release.

Chancery Refuses TRO That Would Act as Prior Restraint on Speech

December 19, 2018

Barry Klayman and Mark Felger co-authored an article in the Delaware Business Court Insider discussing a recent decision by the Delaware Court of Chancery refusing to grant a TRO in a business dispute.

Adviser-Consultants Held Not 'Other Professionals' for Purposes of Section 327(a) of the Bankruptcy Code

November 07, 2018

Barry Klayman and Mark Felger co-authored an article in the Delaware Business Court Insider discussing a pair of decisions from the Delaware Bankruptcy Court that address whether persons providing services to debtors relating to the disposition and monetization of real estate, intellectual property, and other estate assets are “professionals.”

Decisions to Clarify Time to Seek Attorney Fees for Frivolous Appeal

October 10, 2018

Barry Klayman and Mark Felger co-authored an article in the Delaware Business Court Insider discussing a pair of decisions from the Court of Chancery and the Delaware Supreme Court.

Bankruptcy Court Enforces Anti-Assignment Clause and Rejects Assignee’s Proof of Claim

September 05, 2018

Barry Klayman and Mark Felger co-authored an article in the Delaware Business Court Insider discussing a recent case from the Delaware Bankruptcy Court holding that an anti-assignment clause in a promissory note was enforceable under Delaware law.

Court Denies Public Access to Unfiled Discovery Materials

August 06, 2018

Barry Klayman and Mark Felger co-authored an article in the Delaware Business Court Insider, discussing a recent case from the Delaware Court of Chancery holding that materials developed during the pretrial discovery process and not filed with the court are not part of the public record.

Creditors Committee Dissolves Upon Conversion of Chapter 11 Cases [Delaware Business Court Insider]

June 27, 2018

Barry Klayman, a member of Cozen O’Connor’s Commercial Litigation and Bankruptcy, Insolvency & Restructuring Practice Groups, and Mark Felger, co-chair of the Bankruptcy, Insolvency & Restructuring Practice Group, co-authored an article in the Delaware Business Court Insider discussing a recent case from the District of Delaware holding that a creditors committee automatically dissolved when a Chapter 11 case was converted to Chapter 7.

Former Client Entitled to Attorney’s Entire Litigation File Including Internal Work Product [Delaware Business Court Insider]

June 07, 2018

Barry Klayman and Mark Felger co-authored an article in the Delaware Business Court Insider, discussing a recent Delaware Court of Chancery case.

Bankruptcy Court Enjoins Creditor From Pursuing Claims in Chancery in Chapter 11 Trust Liquidation [Delaware Business Court Insider]

May 09, 2018

Barry Klayman, a member of Cozen O’Connor’s Commercial Litigation and Bankruptcy, Insolvency & Restructuring Practice Groups, and Mark Felger, co-chair of the Bankruptcy, Insolvency & Restructuring Practice Group, co-authored an article in the Delaware Business Court Insider, discuss a recent Delaware Bankruptcy Court case enjoining a creditor from pursuing breach of fiduciary duty claims and other claims against a debtor’s former officers and early round investors in the Court of Chancery based on provisions of the debtor’s Chapter 11 plan of liquidation.

Chancery Addresses Subrogation Rights in the Context of Claims for Indemnification [Delaware Business Court Insider]

April 04, 2018

Barry Klayman, a member of Cozen O’Connor’s Commercial Litigation and Bankruptcy, Insolvency & Restructuring Practice Groups, and Mark Felger, co-chair of the Bankruptcy, Insolvency & Restructuring Practice Group, co-authored an article in Delaware Business Court Insider on a recent Court of Chancery case dealing with the rights of a putative subrogee in the context of a claim for indemnification of defense costs.

Financial Distress Is a Prerequisite to Good-Faith Bankruptcy Filing [Delaware Business Court Insider]

March 07, 2018

Mark Felger, co-chair, and Barry Klayman, a member of Cozen O'Connor's Bankruptcy, Insolvency & Restructuring Practice Group, co-wrote an article in Delaware Business Court Insider about the In re Rent-A-Wreck of America, Case that was dismissed by the district of Delaware.

Stockholders Agreement Interpreted to Not Run Afoul of DGCL [Delaware Business Court Insider]

February 14, 2018

Barry Klayman and Mark Felger, members of Cozen O'Connor's Commercial Litigation and Bankruptcy, Insolvency & Restructuring Practice Groups, discuss a recent Delaware Court of Chancery case, Schroeder v.Buhannic in the Delaware Business Court Insider.

Bankruptcy Judge Applies Anti-Forfeiture Statute to Save Debtor's Exercise of Option to Renew Lease [Delaware Business Court Insider]

January 17, 2018

Barry Klayman and Mark Felger, members of Cozen O'Connor's Commercial Litigation and Bankruptcy, Insolvency & Restructuring Practice Groups, discuss a recent Delaware bankruptcy case, In re Fresh-G Restaurant Intermediate Holding, in Delaware Business Court Insider.

Receiver's Disallowance of Creditor's Claim Subject to De Novo Review [Business Court Insider]

December 06, 2017

Barry Klayman and Mark Felger, members of Cozen O’Connor’s Bankruptcy, Insolvency & Restructuring Practice Group, discuss case B.E. Capital Management Fund v. Fund.com in Delaware Business Court Insider.

Bankruptcy Court Affirms Authority to Approve Nonconsensual Third-Party Releases [Delaware Business Court Insider]

November 08, 2017

Barry Klayman and Mark Felger, members of Cozen O’Connor’s Bankruptcy, Insolvency & Restructuring Practice Group, discuss the significant decision reached in In re Millennium Lab Holdings II, in Delaware Business Court Insider.

Corporation Is Not Precluded From Contradicting Its Own 30(b)(6) Witness [Delaware Business Court Insider]

October 11, 2017

Barry Klayman and Mark Felger, members of Cozen O’Connor’s Bankruptcy, Insolvency, & Restructuring Practice Group, discuss, in the Delaware Business Court Insider, a recent case in which the Delaware Court of Chancery refused to preclude a defendant corporation from offering evidence at trial that contradicted or was otherwise inconsistent with the deposition testimony of its Rule 30(b)(6) witness, although the plaintiffs would be able to rely on the earlier 30(b)(6) testimony and use it for impeachment.

Bankruptcy Court Predicts Del. Will Recognize Existence of De Facto LLCs [Delaware Business Court Insider]

September 06, 2017

Barry Klayman and Mark Felger, members of Cozen O’Connor’s Bankruptcy, Insolvency & Restructuring Practice, discuss a recent case in which the Bankruptcy Court for the District of Delaware predicted that the state’s courts would recognize the existence of de facto limited liability companies, just as they recognize de facto corporations, in Delaware Business Court Insider.

Drop Shipped Goods Failed to Qualify for Administrative Expense Priority in Bankruptcy [Delaware Business Court Insider]

August 09, 2017

Barry Klayman and Mark Felger, members of the Cozen O’Connor Bankruptcy, Insolvency & Restructuring Practice Group, discuss in the Delaware Business Court Insider a recent case in which the Bankruptcy Court for the District of Delaware held that goods delivered directly to the debtor's customers within 20 days prior to the bankruptcy petition, even though at the debtor's direction and utilizing the debtor's account with the shipper, will not qualify for administrative priority treatment under section 503(b)(9) of the Bankruptcy Code because the debtor never had physical possession of the goods.

Standing in Foreclosure Actions Requires Holding Both Mortgage and Note [Delaware Business Court Insider]

July 05, 2017

Barry Klayman and Mark Felger, members of Cozen O'Connor's Bankruptcy, Insolvency & Restructuring Practice, discuss in the Delaware Business Court Insider a recent case in which a divided Delaware Supreme Court held that a mortgage assignee must be entitled to enforce the underlying obligation that the mortgage secures in order to foreclose.

Court Lacks Personal Jurisdiction Over Nonresident Blogger, Website Host [Delaware Business Court Insider]

June 07, 2017

Barry Klayman and Mark Felger discuss a case from the Delaware Superior Court dealing with the issue of an allegedly defamatory article that caused injury to a Delaware corporation hosted on a website outside of Delaware.

Tribal Sovereign Immunity of Casinos in Preference Actions [Delaware Business Court Insider]

May 10, 2017

Mark Felger and Barry Klayman discuss a recent case from the Delaware Bankruptcy Court in The Delaware Business Court Insider.

Delaware’s Anti-SLAPP Statute Limited to Land Use Disputes [Delaware Business Court Insider]

April 05, 2017

Mark Felger and Barry Klayman discuss a recent case from the Delaware Court of Chancery in The Delaware Business Court Insider.

U.S. Supreme Court Significantly Limits Structured Dismissals [Bankruptcy, Insolvency & Restructuring Alert]

March 27, 2017

Mark E. Felger and Gregory F. Fischer discuss the U.S. Supreme Court’s recent decision in Czyzewski v. Jevic Holding Corp., that structured dismissals must now either comply with the Bankruptcy Code’s basic priority scheme or have the consent of creditors that the structured dismissal seeks to avoid.

Dollar Cap on Committee Professional Fees Under Confirmed Plan [Delaware Business Court Insider]

March 08, 2017

Mark Felger and Barry Klayman discuss a case involving the effect of a DIP financing order cap on professional fees after a Chapter 11 plan is confirmed in the Delaware Business Court Insider. .

Directors Are Public Figures for Election-Related Communications Among Investors [Delaware Business Court Insider]

February 08, 2017

Mark Felger and Barry Klayman discuss a case of first impression from the Court of Chancery in The Delaware Business Court Insider.

Post-Confirmation Examinations Pursuant to Bankruptcy Rule 2004 [Delaware Business Court Insider]

January 18, 2017

Mark Felger and Barry Klayman discuss a recent bankruptcy court decision in The Delaware Business Court Insider.

Ninth Circuit Clarifies Which Landlord Claims are Subject to Section 502(b)(6) Cap [Bankruptcy, Insolvency & Restructuring Alert]

January 12, 2017

Mark E. Felger and Simon E. Fraser discuss a recent opinion from the Ninth Circuit that sets out a clear and seemingly easy to follow test to determine whether a given claim held by a landlord is subject to the cap section 502(b)(6) of the Bankruptcy Code imposes.

Turnover Order Cannot Trump Prohibition on Disclosure of ESI by Email Service Provider [Delaware Business Court Insider]

December 21, 2016

Mark Felger and Barry Klayman discuss a recent Delaware bankruptcy court decision regarding the federal Stored Communications Act.

Education

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

Awards & Honors

Selected to Chambers & Partners USA. This award is conferred by Chambers & 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.

Selected to Super Lawyers (DE and PA). 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. 

IFLR 1000 (Restructuring and Insolvency)

  • 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 Bankruptcy Institute
  • Turnaround Management Association
  • The American Board Certification