Elizabeth S. Fenton

Elizabeth S. Fenton

Partner

Contact Info

Phone: (302) 421-6824
Fax: (302) 421-5871

Primary Office

Wilmington
1201 North Market Street
Suite 2300
Wilmington, DE 19801

Elizabeth S. Fenton

Partner

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.

Beth also has appellate experience before the Third Circuit, Federal Circuit, and Ninth Circuit, and Pennsylvania Superior and Commonwealth Courts

Experience

  • 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.

Thought Leadership

Credentials and Accolades

Honors and Awards

Named to the Delaware Super Lawyers List for Business Litigation, 2017-present

SmartCEO Power Player, 2014

Selected for inclusion, Pennsylvania Super Lawyers, 2014

Selected to the Rising Stars list, PA Super Lawyers, 2005, 2008, 2010, 2013

Martindale Preeminent A-V rating

Outstanding Subcommittee Chair, Business Torts Litigation Committee, 2010

Philadelphia County Court of Common Pleas Pro Bono Honor Roll, 2009 to 2011

Named a Lawyer on the Fast Track, American Lawyer Media, 2005

Memberships and Affiliations

Co-Chair, Business Torts and Unfair Competition Committee, American Bar Association, Section of Litigation, 2012 to present

Former Vice Chair of the Corporate Counsel Committee, American bar Association, Section of Litigation and Seminar Co-chair for the 2011 Corporate Counsel CLE Seminar

Judge Pro Tem for the Philadelphia Court of Common Pleas Commerce Program

Barrister, Rodney American Inn of Court, 2014-present

Course Planner, "Piercing the Corporate Veil," Pennsylvania Bar Institute, 2006 to present

Board Member, 1812 Productions

Fellow, American Bar Foundation

Fellow, Litigation Counsel of America

Graduate, Hastings Leadership Academy for Women

Temple American Inn of Court, 2001-2012

Co-founder, Starr Garden Neighbors, established to improve oldest playground in Philadelphia

Volunteer Attorney, Volunteers for the Indigent Program, 2000 to present

Education

J.D., University of Pennsylvania Law School, cum laude, 1998

  • Senior Editor, University of Pennsylvania Law Review

A.B., Brown University, magna cum laude, 1995

Bar Admissions

Delaware
Georgia
New Jersey
Pennsylvania

Firm Management Positions

Co-Chair, Career Development Committee

Clerkships

Judicial Clerk, Honorable Marvin H. Shoob, Senior Judge, U.S. District Court, Atlanta, Georgia, 1998 to 2000

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.

Beth also has appellate experience before the Third Circuit, Federal Circuit, and Ninth Circuit, and Pennsylvania Superior and Commonwealth Courts