David A. Felice

David A. Felice is an associate in the Litigation Department and a member of the Commercial Litigation, Labor and Employment, and Securities Litigation Groups. He focuses his practice in corporate and commercial litigation matters.

Mr. Felice has extensive commercial litigation experience representing clients in cases in the U.S. District Court for the District of Delaware and the Delaware Superior Court. He also has experience in the Delaware Court of Chancery involving the defense of fiduciary duty actions, demands for inspection of corporate books and records, petitions for advancement and indemnification of directors' legal fees, and other matters governed by Delaware corporate law.

Mr. Felice is a certified mediator for the Delaware Superior Court.

Representative Matters

• Assisted in obtaining a temporary restraining order on three days' notice against a competitor that was soliciting a client's employees in breach of  noncompetition agreements 
• Briefed and argued successfully for the summary judgment disposition of a former employee's allegations of race and national origin discrimination and a hostile work environment (2011 WL 2786431 (E.D. Pa.))
• Assisted in obtaining a temporary restraining order against a defendant who threatened to contact a client's customers in violation of the parties' assets purchase and transition services agreements
• Briefed and argued successfully against a motion for a temporary restraining order where the plaintiff, an international shipping and logistics company, filed suit against its former employees, alleging breaches of their noncompetition agreement
• Assisted in the successful representation of several manufacturers' representatives in litigation involving breach of contract, misrepresentation, and unfair competition against a global communications equipment manufacturer
• Conducted extensive discovery and obtained summary judgment for a suture manufacturer in a product liability matter

Pro Bono Experience

Mr. Felice has briefed and successfully argued before the U.S. Court of Appeals for the Third Circuit issues related to qualified immunity and deliberate indifference in a pro bono matter. He recently negotiated a favorable settlement for a pro bono client in an excessive force claim. In addition, Mr. Felice is a volunteer member of the District of Delaware Federal Civil Panel and guardian ad litem with the Office of the Child Advocate.

Internships

Honors intern, U.S. Department of Justice, Civil Appellate Division

Professional Activities

Delaware State Bar Association
Member-at-Large, Executive Committee (2011-present)
Chair, Litigation Section (2010-2011)

Richard S. Rodney Inn of Court
Barrister Member

West End Neighborhood House, Inc.
Former Director and Treasurer (2009-2011)

Ballard Spahr's Pro Bono Committee

Publications

Co-author, Delaware Chapter of DRI's Class Action Compendium, 2011

Co-author, "Federalization Increases D&O Exposure," Executive Counsel, February/March 2011

Speaking Engagements

"Beyond Delaware: Issues with Serving Process and Seeking Discovery," Delaware State Bar Association's Litigation Section CLE, Wilmington, June 1, 2011

Panelist, "Are Additional Protections and Policy Changes Needed—And Likely?" Information Forecast Inc., Litigation Finance & Investment Summit, April 29, 2011

Moderator, "E-Filing Trends: An Update from the Courts," Delaware State Bar Association, November 3, 2010

Community Activities

St. Thomas More Society

University of Alabama School of Law (J.D. 2001)
Articles Editor, Alabama Law Review; Recipient, Order of the Samaritan Award, public service

Villanova University (B.A. 1996)

Alabama

Delaware

Pennsylvania

U.S. District Court for the District of Delaware

U.S. District Court for the Eastern District of Pennsylvania

U.S. Court of Appeals for the Third Circuit