Elizabeth S. Fenton
Beth Fenton helps established, start-up and emerging companies across numerous industries, including energy, health care and venture capital/private equity, address disputes that tend to escalate into litigation. This includes disagreements involving the direction and control of the business, protections against legal claims, financial responsibilities, and attempts to hold corporate shareholders and LLC owners personally liable for the entities’ debts and liabilities. When possible, Beth intervenes at an early stage of a dispute to help her clients identify resolutions that serve their business objectives and avoid litigation. However, if a disagreement over corporate governance, indemnification rights, fiduciary duties, and piercing the corporate and LLC veil cannot be resolved without involvement by a court, arbitrator or mediator, Beth learns the pertinent facts, applies her knowledge of the law and the court system to those facts, and adapts a litigation strategy in line with clients' goals and desire to minimize disruptions to their operations.
Beth’s focus on guiding clients toward early resolution of their disputes is reinforced by her recent appointment as a judge pro tempore for the Commerce Program in Philadelphia Court of Common Pleas, where she assists in pre-trial dispute resolution efforts. Her trial experience includes cases before the Delaware Chancery Court, several Pennsylvania state and federal courts, as well as alternative dispute resolution tribunals. She also handles internal investigations, self-disclosures, and related proceedings before the Department of Justice, the Securities and Exchange Commission, the Commodity Futures Trading Commission, and the Federal Trade Commission. In connection with subpoenas and civil investigative demands issued by these agencies, she has led teams of attorneys engaged in domestic and international collection, review and production of data.
Select representations include:
- Venture capital and private equity firms, energy companies, retailers, and healthcare providers in litigation involving (1) indemnification for environmental liabilities, (2) post-closing adjustments for taxes and working capital, and (3) advancement/indemnification of officers and directors in Delaware Court of Chancery and arbitral fora (JAMS, AAA, ICDR).
- Individual health care providers, health care consultants, and major medical systems in arbitrations and litigation involving indemnification and related commercial disputes stemming from False Claims Act/whistleblower liability.
- Automotive equipment manufacturers, mushroom growers, home mortgage lenders, chemical manufacturers, and dairy companies from allegations of unfair competition and related antitrust claims.
- Litigated and mediated intra-family disputes involving inheritance of closely-held family businesses.
- For accounting and financial services companies, enforced covenants not to compete and other restrictive covenants against former employees in Delaware Court of Chancery.
- For technology, telecommunication and manufacturing businesses, litigated disputes over licenses, patent and trademark infringement, and trade secrets.
Beth also has appellate experience before the Third Circuit, Federal Circuit, and Ninth Circuit, and Pennsylvania Superior and Commonwealth Courts
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