Recent Publication:
Marla S. Benedek and Mark E. Felger discuss the role of mediation in bankruptcy cases filed under subchapter V of chapter 11 of the Bankruptcy Code.
Mark is the co-chair of the firm's Bankruptcy, Insolvency & Restructuring Group, and he served as the office managing partner of the firm's Delaware office from its opening in 2000 through 2021.
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. Chambers & Partners USA recently recounted one client who noted, "Mark is the epitome of a first chair; he takes control of situations and is very passionate about what he does. He is thorough and detail-orientated and is tireless in his efforts to provide the best possible counsel."
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 150 matters, including WARN litigation, breach of fiduciary duty actions, avoidance litigation, and claim disputes.
Mark is a fellow of the American College of Bankruptcy and 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 the Advisory Board of its mid-Atlantic conference, and a past co-chair of the Unsecured Trade Creditors’ Committee. In addition, he is a past president and chairman of the Board for the Philadelphia/Wilmington Chapter of the Turnaround Management Association (TMA) and is a member of the Board of Trustees of TMA Global. Mark also serves on the Board of the American Board of Certification and its marketing committee.
Mark graduated from Rochester Institute of Technology, with high honors in 1985, and received his J.D. in 1989 from Boston University.
News
February 15, 2024
The firm announced several new practice group chairs, office managing partners, and leaders of firm committees and initiatives
November 07, 2023
WILMINGTON, November 7, 2023 – Mark Felger, co-chair of Cozen O’Connor’s Bankruptcy, Insolvency & Restructuring Practice, has been named a fellow of the American College of Bankruptcy. This distinction recognizes outstanding bankruptcy professionals for their achievements in the field, contributions to upholding justice, and dedication to public service.
June 05, 2023
Of the 88 lawyers ranked, 17 lawyers have been recognized nationally, and eighteen were recognized in Band 1. Eight of the firm's practice areas have been recognized nationally, and nine were ranked Band 1.
May 24, 2023
Super Lawyers has selected 42 Cozen O'Connor attorneys to the 2023 Pennsylvania Super Lawyers and Rising Stars lists.
November 16, 2022
The team's representation of U.S. Tobacco successfully ended a 17-year class action battle for the largest tobacco cooperative in the United States.
October 24, 2022
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 IFLR1000 in its 2022 edition.
June 02, 2022
Chambers USA, the leading annual guide to the top lawyers and law firms in the United States, has ranked 86 Cozen O’Connor lawyers as leaders in their respective fields in the guide’s 2022 edition.
June 01, 2022
Super Lawyers has selected 49 Cozen O'Connor attorneys to the 2022 Pennsylvania Super Lawyers and Rising Stars lists.
May 31, 2022
Super Lawyers has selected two Cozen O'Connor attorneys to the 2022 Delaware Super Lawyers and Rising Stars lists.
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 IFLR1000.
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.
May 28, 2021
Super Lawyers has selected 47 Cozen O'Connor attorneys to the 2021 Pennsylvania Super Lawyers and Rising Stars lists.
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.
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.
March 11, 2021
Mark Felger discusses the impact the COVID-19 pandemic has had on the practice of bankruptcy law in Law360.
August 20, 2020
Best Lawyers selected 200 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).
June 05, 2020
Super Lawyers has selected 58 Cozen O'Connor attorneys to the 2020 Pennsylvania Super Lawyers and Rising Stars lists.
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.
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.
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.
May 21, 2019
Super Lawyers has selected 64 Cozen O'Connor attorneys to the 2019 Pennsylvania Super Lawyers and Rising Stars lists.
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.
Publications
April 01, 2024
Marla S. Benedek and Mark E. Felger discuss the role of mediation in bankruptcy cases filed under subchapter V of chapter 11 of the Bankruptcy Code.
March 06, 2024
Kaan Ekiner and Mark Felger, writing in the Delaware Business Court Insider, discuss a recent Delaware Court of Chancery decision considering jurisdictional challenges to non-resident managers in the context of contract and tort claims associated with an alleged dilution of equity interests in connection with a transfer of holdings to a Delaware LLC.
January 17, 2024
Mark E. Felger and Simon E. Fraser caution parties about damages that can be incurred by violating the automatic stay of Section 362 of the bankruptcy code, even in situations where the debtor does not suffer any actual damages, in Delaware Business Court Insider.
January 02, 2024
Kaan Ekiner and Mark Felger, writing in the Delaware Business Court Insider, discuss a recent Delaware Court of Chancery decision that permits a stockholder of a publicly traded company to inspect the books and records of the public company’s nonpublic subsidiary to “more accurately” value the public corporation’s publicly traded shares.
November 03, 2023
Kaan Ekiner and Mark Felger, writing in the Delaware Business Court Insider, discuss a recent Delaware Court of Chancery decision that demonstrates the court’s reluctance to vacate an arbitration award even where the arbitration proceeding and the resulting award might be flawed.
September 11, 2023
Kaan Ekiner and Mark Felger, writing in the Delaware Business Court Insider, discuss Vice Chancellor Sam Glasscock III’s decision In re Orbit/FR Shareholders Litigation.
July 06, 2023
Kaan Ekiner and Mark Felger, writing in the Delaware Business Court Insider, discuss Chancellor Kathleen St. Jude McCormick’s decision in The Police and Fire Retirement System of the City of Detroit v. Elon Musk.
June 09, 2023
Kaan Ekiner and Mark Felger, writing in the Delaware Business Court Insider, discuss West v. Access Control Related Enterprises, which addressed several issues that arise in cases involving forum selection disputes.
April 05, 2023
Kaan Ekiner and Mark Felger, writing in the Delaware Business Court Insider, discuss a recent Delaware Court of Chancery decision addressing the use and appropriate parameters for a Rule 30(b)(6) deposition as a discovery tool in connection with Delaware books and records actions under Section 220.
March 08, 2023
Mark Felger and Simon Fraser discuss a Delaware Superior Court opinion that demonstrates the importance of preserving evidence leading up to litigation in a Delaware Business Court Insider article.
February 02, 2023
Kaan Ekiner and Mark Felger, writing in the Delaware Business Court Insider, discuss a recent Delaware Court of Chancery decision addressing several issues that often arise in motion practice at the pleading stage of cases involving allegations of M&A fraud based on near-term financial projections.
January 04, 2023
Mark Felger and Simon Fraser discuss if a bankruptcy court has the authority to de-designate a subchapter V case to a regular Chapter 11 case in the Delaware Business Court Insider. In the article, Mark and Simon analyze In re ComedyMX, a subchapter V case where a debtor is unfit to serve as a fiduciary to the bankruptcy estate and how the decision raises uncertainty in the ability to obtain an order from the bankruptcy court de-designating a subchapter V case.
December 08, 2022
Barry Klayman and Mark Felger (Wilmington), writing in the Delaware Business Court Insider, discuss a recent Delaware Court of Chancery opinion that addressed the requirements for issuance of letters of request under the Hague Convention.
November 10, 2022
Barry Klayman & Mark Felger (Wilmington), writing in the Delaware Business Court Insider, discuss the requirements of equitable fraud as a basis for jurisdiction in the Court of Chancery in Delaware.
October 13, 2022
Barry Klayman and Mark Felger (Wilmington), writing in the Delaware Business Court Insider, discuss a recent decision by the Delaware Supreme Court upholding the garnishment of a beneficiary’s interest in distributions from a Delaware Statutory Trust.
September 01, 2022
Barry Klayman and Mark Felger, writing in the Delaware Business Court Insider, discuss a recent decision by a judge in the Bankruptcy Court for the District of Delaware holding that Section 546 of the Bankruptcy Code preempts Delaware’s three-year statute of repose on the liability of a member for distributions from a limited liability company.
August 05, 2022
Barry Klayman and Mark Felger, writing in the Delaware Business Court Insider, discuss a recent decision in the Court of Chancery holding that the court lacks subject matter jurisdiction to award damages for an improvidently granted injunction in the absence of a bond or other security.
July 06, 2022
Barry Klayman and Mark Felger, writing in the Delaware Business Court Insider, review a recent decision by the Court of Chancery in which Vice Chancellor Laster discussed the circumstances under which the court might allow a pro rata recovery in the context of a derivative action.
June 01, 2022
Barry Klayman & Mark Felger (Wilmington), writing in the Delaware Business Court Insider, review a recent decision by the Court of Chancery in Delaware holding that where two halves of a deadlocked board are competing in a proxy contest, neither side could benefit from the company’s resources, including its privilege, to the exclusion of the other.
May 04, 2022
Mark Felger and Barry Klayman co-authored an article on Law.com that analyzes U.S. District Court Judge Leonard P. Stark’s decision in City of Rockford v. Mallinckrodt (In re Mallinckrodt), 2022 WL 906451 (D. Del. Mar. 28, 2022).
March 31, 2022
Barry Klayman and Mark Felger, writing in the Delaware Business Court Insider, review a recent decision in the Superior Court of Delaware that addresses whether a third party may bring a direct action against an insurer for coverage on a theory of subrogation when equitable subrogation does not apply and the right cannot be traced to a statute or contract.
March 02, 2022
Barry Klayman and Mark Felger, writing in the Delaware Business Court Insider, discuss a recent decision in the Delaware Court of Chancery refusing to appoint a custodian pursuant to Delaware General Corporation Law Section 226(a)(3) to continue the business of a defunct corporation.
February 02, 2022
Barry Klayman and Mark Felger, writing in the Delaware Business Court Insider, discuss a recent decision in the Delaware Court of Chancery reaffirming the continuing validity of the common law insolvency exception for the sale of all or substantially all of the assets of an insolvent or failing corporation without the requirement for stockholder approval.
January 13, 2022
Barry Klayman and Mark Felger, writing in the Delaware Business Court Insider, discuss a recent decision by the Delaware Supreme Court directing the Court of Chancery to substitute a Chapter 7 trustee for the nominal defendant and realign it as plaintiff in a shareholder action that had been dismissed for failure to make a demand on the company’s board of directors, where the case was pending on appeal when the bankruptcy case was filed.
December 09, 2021
Barry Klayman & Mark Felger, writing in the Delaware Business Court Insider, discuss a recent decision by Vice Chancellor Glasscock of the Delaware Court of Chancery reviewing the evolution of the vested rights doctrine in Delaware and synthesizing from prior case law a simplified test for its application.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
September 02, 2020
Barry Klayman and Mark Felger contributed an article to the Delaware Business Court Insider.
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.
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.
June 10, 2020
Barry Klayman and Mark Felger published an article in the 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.
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.
March 23, 2020
John T. Carroll and Mark E. Felger discuss how to request credit accommodations from your creditors and considerations before doing so.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.