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Chambers USA praises Brett for “his diligent manner and detailed knowledge of the functioning of the Delaware Courts.” Brett is “attuned to what the judge is concerned about."

Brett D. Fallon

Partner

Overview

Brett D. Fallon has guided clients through the Delaware Courts for over 30 years which makes him an extraordinary repository of knowledge about the Delaware practice, its judges and lawyers.   Brett has developed a reputation as a masterful strategist.  As Chambers has previously noted, he is “extremely intelligent”, “takes an unflappable approach”, “analyzes things in a very calm, collected manner” and is “a very smart lawyer who provides great advice.”  

In his bankruptcy practice, Brett has represented creditors of all types, particularly large dollar secured and unsecured creditors, creditor committees and both plaintiffs and defendants in post-confirmation actions brought by litigation and liquidation trustees.    Fortune 500 Company Quest Diagnostics uses his services as national bankruptcy counsel, and Meredith Corporation utilizes his services on a nationwide basis.  In addition to his well-established creditor-side practice, Brett has represented and counseled debtors as both lead and Delaware counsel.  

In his corporate litigation practice, he represents all parties in corporate, limited partnership and limited liability company disputes in the Delaware Court of Chancery.  In his commercial litigation practice, he represents a wide variety of parties in commercial and contractual disputes in the Superior Court and the United States District Court.

Experience

  • Representation of Director in class and derivative action challenging a $300 million investment of preferred stock
  • Representation of corporate asbestos defendants in bankruptcy cases
  • Representation of a parties regarding  dissolution of joint venture
  • Representation of a professional in the landmark Delaware case refusing to recognize the elusive tort of deepening insolvency under Delaware law
  • Representation of a stockholder seeking to compel an annual meeting

Professional Affiliations

Delaware State Bar Association, Former Executive Committee Member
American Bar Association, Former Business Law Section Fellow and Frequent Speaker
American Bar Association, Newsletter Subcommittee, Editor In Chief 
American Bankruptcy Institute, Member 
American Bankruptcy Inn of Court, Barrister
American Bankruptcy Institute Mid – Atlantic Bankruptcy Conference Advisory Board

Sample Matters

TMIP Participants v. DSW Group Holdings LLC, Medtronic Vascular, Inc.
Obtained court orders to compel mandatory arbitration

Gellert v. Coltec Industries
Obtained dismissal of preference action

Ia re FKF Madison Partners 
Obtained TRO regarding unauthorized Chapter 11 filing

Green v. Locate Plus Holdings Corp.
Obtained dismissal of shareholder action

Trenwick America Litigation Trust v. Ernst & Young, L.L.P.
Landmark case refusing to recognize deepening insolvency under Delaware law

Pre-Petition Committee of Select Asbestos Claimants v. Combustion Engineering
Successful defense of trustee on motion for temporary restraining order

Atlantic Marine, Inc. v. American Classic Voyages Co.
Obtained reversal of order denying arbitration

Publications

Articles & Publications

News & Events

News & Events

Recognition

Honors

Best Lawyers® 2017-2019

Chambers USA - Bankruptcy/Restructuring, 2010-2018

Delaware Today®, Top Lawyers, 2017

Martindale-Hubbell®, AV Rating

Law & Contemporary Problems, Administrative Editor

T 302.888.6888
F 302.571.1750

Admissions

Delaware, 1986

Pennsylvania, 1992

U.S. Bankruptcy Court, District of Delaware

U.S. District Court, District of Delaware

U.S. Court of Appeals, Third Circuit

U.S. District Court for the Eastern District of Pennsylvania

Education

Duke University Law School, J.D., With Honors, 1986

Duke University, B.A., summa cum laude, Phi Beta Kappa, 1983

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