With a principal focus on the Delaware Court of Chancery, Elizabeth S. Fenton litigates and tries cases involving business torts, shareholder and post-closing disputes, antitrust issues, piercing the corporate veil matters, and enforcement of restrictive covenants. Her experience includes first-chairing trials before the Delaware Court of Chancery, Delaware Superior Court, and the Philadelphia Court of Common Pleas Commerce Program. She also has handled mediations and arbitrations before the American Arbitration Association, the International Center for Dispute Resolution, and JAMS.
Over two decades in private practice, Beth has obtained successful business and litigation results for companies ranging from emerging companies to the Fortune 50 in the information technology, financial services, and life sciences industries. In addition, Beth has led internal investigations of ethics violations for publicly traded companies and managed remediation and compliance processes. She also handles internal investigations, self-disclosures, and related proceedings before the Commodity Futures Trading Commission, Department of Justice, Federal Trade Commission, and Securities and Exchange Commission.
Beth is a Certified Information Privacy Professional/U.S. (CIPP/US).
Experience
Representative Matters
- Represented private equity and venture capital firms, retailers, energy companies and health care providers in litigation involving indemnification for environmental liabilities, post-closing adjustments for taxes and working capital, and advancement/indemnification of officers and directors in Delaware Court of Chancery and arbitral fora.
- Counseled health care consultants, individual health care providers, and major medical systems in arbitrations and litigation involving indemnification and related commercial disputes stemming from False Claims Act/whistleblower liability.
- Represented automotive equipment manufacturers, home mortgage lenders, mushroom growers, chemical manufacturers, and dairy companies from allegations of unfair competition and related antitrust claims.
Professional Highlights
Pro Bono Experience
Volunteers for the Indigent Program
Community Legal Services’ Leadership 󠄀Council
Pennsylvania Democratic Party, Pro Bono Voter Protection Counsel
Judicial Clerkships
Professional Activities
American Bar Association, Litigation Section, Managing Director Designate
Diversity, Equity and Inclusion Committee, Delaware State Bar Association
Rodney American Inn of Court
Recognition & Accomplishments
Benchmark Litigation, "Litigation Star," Securities, Commercial, 2023-2025
The Best Lawyers in America, Corporate Governance Law (Wilmington), 2023-2025
SmartCEO Power Player, 2014
Speaking Engagements
Moderator, “The Impact of COVID-19 on Economic Damages,” BVR National Economic Damages Virtual Conference, June 2021
Panelist, “Representing Minority Members of an LLC in Negotiating an LLC Agreement,” ABA Business Law Section, August 2018
Panelist, “Building Your Professional Brand,” Penn Law Women’s Summit, March 2016
Board Memberships & Community Service
Publications
Contributing Author, “Piercing the Corporate Veil,” The Comprehensive Guide to Economic Damages, 6th edition December 2020
Co-author, Guide for In-House Counsel: A Practical Resource to Cutting-Edge Issues,” ABA Business Law Internal Investigations Chapter, March 2019
Related Insights
Credentials
Education
University of Pennsylvania Carey Law School (J.D., magna cum laude, 1998)
Senior Editor, University of Pennsylvania Law Review
Chair, Guild Food Stamp Clinic
University of Pennsylvania Inn of Court
Brown University (A.B., magna cum laude, 1995)
Intercollegiate Center for Classical Studies
Intern for Senator William S. Cohen (R-Maine)
Admissions
Delaware
Georgia
New Jersey
Pennsylvania