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.
- 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