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Chambers USA praises Brett for “his diligent manner and detailed knowledge of the functioning of the Delaware Courts. Brett is singled out for his skill in creditor-side representation but maintains a healthy stable of debtor clients."

Brett D. Fallon

Partner

Overview

Brett D. Fallon has over 30 years of litigation experience in all Delaware Courts. His record includes a list of almost 100 published court decisions indexed by Lexis or Westlaw, including many seminal issues in bankruptcy and corporate law.

Brett represents the full range of parties in bankruptcy proceedings and litigates complex commercial disputes in the Court of Chancery, Superior Court, and the United States District Court. In his bankruptcy and creditors’ rights practice, Brett represents debtors, creditors’ committees, debtor-in-possession lenders, debtor officers and directors, vendors (including extensive reclamation and 503(b)(9) experience), landlords, tenants, equipment lessors, insurance companies, and parties purchasing assets out of bankruptcy. He has deep experience with preference and fraudulent transfer litigation matters, as well as receiverships. 

In his corporate and commercial litigation practice, he represents directors, shareholders and financial advisors in class and derivative actions, joint venturers, stockholders seeking stock lists and information, and a wide variety of parties in commercial disputes. 

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

Recognition

Honors

Chambers USA -  Recognized for Bankruptcy/Restructuring, 2010-2017

Fellow of the American Bar Foundation

Martindale-Hubbell®, AV Rating

Best Lawyers® 2017-2018

Administrative Editor, Law & Contemporary Problems

Phi Beta Kappa

T 302.888.6888
F 302.571.1750

Admissions

Delaware, 1986

Pennsylvania, 1992

U.S. Bankruptcy Court for the District of Delaware

U.S. Court of Appeals, Third Circuit

U.S. District Court for the District of Delaware

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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