Mark E. Felger

Wilmington

Co-Chair, Bankruptcy, Insolvency & Restructuring at Cozen O'Connor

Contributor at Law.com

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Articles

Superior Court Addresses Fraud and Implied Covenant Claims in Earnout Dispute With Express Covenants

1 month ago | law.com | Kaan Ekiner |Mark E. Felger

DDS Striker Holdings v. Verisk Analytics, 2024 WL 3983973 (Del. Super. Aug. 29, 2024) is a recent decision from the Complex Commercial Litigation Division of the Delaware Superior Court that emphasizes the importance of careful drafting of earnout provisions and demonstrates the limitations on the application of the implied covenant of good faith and fair dealing in earnout disputes.
The Importance of Contractual Language in Analyzing Post-Closing Earnout Disputes

Jan 7, 2025 | law.com | Mark E. Felger |Kaan Ekiner

Who Got The Work Michael G. Bongiorno, Andrew Scott Dulberg and Elizabeth E. Driscoll from Wilmer Cutler Pickering Hale and Dorr have stepped in to represent Symbotic Inc., an A.I.-enabled technology platform that focuses on increasing supply chain efficiency, and other defendants in a pending shareholder derivative lawsuit. The case, filed Oct.
The Importance of Contractual Language in Analyzing Post-Closing Earnout Disputes [Delaware Business Court Insider]

Jan 7, 2025 | cozen.com | Kaan Ekiner |Mark E. Felger

Kaan Ekiner and Mark Felger, writing in the Delaware Business Court Insider, discuss a recent Delaware Superior Court decision that emphasizes the importance of the language in the parties’ contract in assessing the buyers’ efforts regarding post-closing earnouts. This decision also demonstrates the importance of careful drafting by parties to purchase agreements, particularly in this context. To read the full article, click here. Subscription Required. Download PDF
Following 'Purdue Pharma,' Del. Bankruptcy Court Clarifies Standard Applicable to 'Opt-Out' Releases of Claims Against Nondebtors

Oct 30, 2024 | law.com | Mark E. Felger |Simon FRASER

Who Got The Work Michael G. Bongiorno, Andrew Scott Dulberg and Elizabeth E. Driscoll from Wilmer Cutler Pickering Hale and Dorr have stepped in to represent Symbotic Inc., an A.I.-enabled technology platform that focuses on increasing supply chain efficiency, and other defendants in a pending shareholder derivative lawsuit. The case, filed Oct.
Chancery Court Exercises Discretion in Setting Bond in a Case Involving Share Transfer Restriction

Oct 30, 2024 | law.com | Kaan Ekiner |Mark E. Felger

Who Got The Work Michael G. Bongiorno, Andrew Scott Dulberg and Elizabeth E. Driscoll from Wilmer Cutler Pickering Hale and Dorr have stepped in to represent Symbotic Inc., an A.I.-enabled technology platform that focuses on increasing supply chain efficiency, and other defendants in a pending shareholder derivative lawsuit. The case, filed Oct.
Chancery Court Exercises Discretion in Setting Bond in a Case Involving Share Transfer Restriction [Delaware Business Court Insider]

Oct 29, 2024 | cozen.com | Kaan Ekiner |Mark E. Felger

Kaan Ekiner and Mark Felger, writing in the Delaware Business Court Insider, discuss a recent Delaware Court of Chancery decision which explains the process for setting the value, timing, and securitization of a bond in connection with a status quo order that restricted certain defendants from transferring shares of publicly traded stock.
Mark Felger Named as Recipient of the Turnaround Management Association’s Chapter Impact Award

Sep 17, 2024 | cozen.com | Mark E. Felger

Wednesday, September 18, 2024 WILMINGTON, September 18, 2024 – Mark Felger, co-chair of Cozen O’Connor’s Bankruptcy, Insolvency & Restructuring practice, has been named the recipient of the Turnaround Management Association’s (TMA) Chapter Impact Award. TMA’s annual awards recognize both chapters and individuals worldwide that serve as exceptional examples of the association’s core values and mission.
Cozen O’Connor Adds Corporate Bankruptcy Litigator Trevor Hoffmann to its New York City Office

Sep 16, 2024 | cozen.com | Alexander Cohen |Michael Fernandez |Jennifer Nellany |Mark E. Felger

Monday, September 16, 2024 NEW YORK, September 16, 2024 — With bankruptcy filings on the upswing for the third consecutive year, Cozen O’Connor today announced veteran corporate restructuring professional Trevor Hoffmann has joined its Bankruptcy, Insolvency & Restructuring Practice in New York City.
In Wake of 'Purdue Pharma,' Del. Bankruptcy Court Clarifies That Preliminary Injunctions of Claims Against Nondebtors Remain Permissible

Aug 28, 2024 | law.com | Mark E. Felger |Simon FRASER

In the wake of the U.S. Supreme Court’s landmark decision this June in Harrington v. Purdue Pharma, the U.S. Bankruptcy Court for the District of Delaware recently addressed a question left open by the Supreme Court—whether a bankruptcy court may still issue a preliminary (i.e., temporary) injunction of a creditor’s claims against a nondebtor. A bankruptcy court indeed may, held Judge Craig Goldblatt writing for the Delaware bankruptcy court.
Court of Chancery Dismisses Fiduciary Duty Claims Related to Self-Tender Offer

Jul 3, 2024 | law.com | Kaan Ekiner |Mark E. Felger

Playtika Holding Corp., a Delaware corporation, was a controlled company with the majority of its stock held by Playtika Holding UK II Limited (Giant/Alpha). In August 2022, Giant/Alpha allegedly used its controlling position in Playtika to cause the Playtika board to engage in a self-tender.

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Mark E. Felger

Articles

Superior Court Addresses Fraud and Implied Covenant Claims in Earnout Dispute With Express Covenants

The Importance of Contractual Language in Analyzing Post-Closing Earnout Disputes

The Importance of Contractual Language in Analyzing Post-Closing Earnout Disputes [Delaware Business Court Insider]

Following 'Purdue Pharma,' Del. Bankruptcy Court Clarifies Standard Applicable to 'Opt-Out' Releases of Claims Against Nondebtors

Chancery Court Exercises Discretion in Setting Bond in a Case Involving Share Transfer Restriction

Chancery Court Exercises Discretion in Setting Bond in a Case Involving Share Transfer Restriction [Delaware Business Court Insider]

Mark Felger Named as Recipient of the Turnaround Management Association’s Chapter Impact Award

Cozen O’Connor Adds Corporate Bankruptcy Litigator Trevor Hoffmann to its New York City Office

In Wake of 'Purdue Pharma,' Del. Bankruptcy Court Clarifies That Preliminary Injunctions of Claims Against Nondebtors Remain Permissible

Court of Chancery Dismisses Fiduciary Duty Claims Related to Self-Tender Offer

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