There are few attorneys who are equally comfortable shepherding a complex matter through Delaware Bankruptcy Court one day and arguing the finer points of Delaware Corporate law in Delaware Chancery Court the next day. For over 21 years, Brett D. Fallon has not only represented the full range of parties in bankruptcy proceedings, but his litigation experience extends to litigating the full range of complex commercial disputes in Chancery Court and Superior Court as well. Among the numerous matters Brett has litigated, over 65 of them have resulted in Court decisions published in the official reporters, Lexis or Westlaw. These matters include 2008 opinions from the United States Court of Appeals for the Third Circuit on a complex bankruptcy matter and from the Delaware Court of Chancery after a six day trial. In his bankruptcy and creditors rights practice, he 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. Brett's vast litigation experience is especially helpful in preference and fraudulent transfer litigation. Brett also has extensive experience in dissolutions and assignments for the benefit of creditors. Chambers USA 2011 reports that sources "praise Brett Fallon for his diligent manner and detailed knowledge of the functioning of the Delaware courts. Fallon is singled out for his skill in creditor-side representation but maintains a healthy stable of debtor clients."
In his litigation practice, he has recently represented (1) directors in a class and derivative action challenging a $300 million investment of preferred stock, (2) a company and director opposing dissolution of joint venture, (3) a professional in the landmark Delaware case refusing to recognize the elusive tort of deepening insolvency under Delaware law, (4) a stockholder seeking to compel an annual meeting and (5) target directors and the target company in a case establishing that appraisal is the sole remedy in a merger under section 253 of the DGCL.
Honors and Awards
· Chambers USA - America's Leading Lawyers for Business, Recognized for Bankruptcy/Restructuring, 2010, 2011
· Martindale Hubbell AV Rated
· Practical Law Company - Recommended Lawyers for Restructuring and Insolvency, 2007/08, 2009/10
· Advisory Board, American Bankruptcy Institute, Mid-Atlantic Bankruptcy Workshop
· Administrative Editor, Law & Contemporary Problems
· Phi Beta Kappa
Activities and Affiliations
· Delaware State Bar Association, Former Executive Committee Member
· American Bar Association, Former Business Law Section Fellow and Frequent Speaker
· American Bar Association, Subcommittee on Claims and Priorities of the Business Bankruptcy Committee, Chair
· American Bankruptcy Institute, Member and Frequent Speaker
· American Bankruptcy Inn of Court, Barrister
· Morris James, Executive Committee Member
· Wilmington Friends School, Board of Trustees
· Friends of Bob Valihura, State Representative for 10th Representative District, Treasurer
Experience
Trenwick America Litigation Trust v. Ernst & Young, L.L.P.
906 A.2d 168 (Del. Ch. 2006)
Landmark case refusing to recognize deepening insolvency under Delaware law.
Pre-Petition Committee of Select Asbestos Claimants v. Combustion Engineering
292 B.R. 515 (D. Del. Bankr. 2003)
Successful defense of trustee on motion for temporary restraining order.
Atlantic Marine, Inc. v. American Classic Voyages Co.
298 B.R. 222 (D. Del. 2003)
Obtained reversal of order denying arbitration.
Caliolo v. TKA Fabco Corp.
2003 WL 1818177, 41 Bank. Ct. Dec. 30 (D. Del. Bankr. 2003)
Obtained dismissal of preference action.
Duke Energy Royal LLP v. Pillowtex Corporation
349 F.3d 711 (3d Cir. 2003)
Representation of secured creditor.