Elizabeth S. Fenton

Partner She / Her / Hers
Delaware

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

Hon. Marvin H. Shoob, U.S. District Court for the Northern District of Georgia, 1998-2000

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

Named to the Delaware Super Lawyers List for Business Litigation, 2016-present

SmartCEO Power Player, 2014

Pennsylvania Super Lawyers Rising Star, 2005, 2008, 2010, 2013

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

1812 Productions, Secretary

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

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