David Felice is a Delaware litigator, focusing on corporate and commercial litigation matters and bankruptcy proceedings.
David represents clients in the Delaware Court of Chancery, primarily in connection with breach of fiduciary duty actions, change in control disputes, statutory demands for inspection of corporate books and records, petitions for advancement and indemnification and other matters governed by Delaware’s General Corporation Law. In addition, David represents clients in general commercial and employment litigation matters in the Delaware Superior Court and the United States District Court. David also represents creditors in the United States Bankruptcy Court in preference actions, asset sales and other proceedings governed by the Bankruptcy Code.
In addition to his litigation experience, David is a certified mediator for the Delaware Superior Court and neutral arbitrator with the American Arbitration Association.
Outside the courtroom, David assists clients with contract negotiations, licensing and transactional support, including private offerings.
David’s representative matters include the following:
- Obtained a multi-million dollar judgment for a homebuilder following a five-day trial before the Delaware Superior Court’s Complex Commercial Litigation Division
- Represented a minority stockholder before the Delaware Court of Chancery and obtained a multi-million dollar settlement following the improper removal of the minority stockholder as a manager and member of a company based in Ohio
- Served as an American Arbitration Association neutral arbitrator adjudicating a dispute regarding the alleged breach of a contract for the purchase of a merchant’s future receivables
- Assisted in obtaining a temporary restraining order from the Delaware Court of Chancery on three days’ notice against a competitor that was soliciting a client’s employees in breach of non-competition 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 in the United States District Court
- Assisted in obtaining a temporary restraining order from the Delaware Court of Chancery against a defendant who threatened to contact a client’s customers in violation of the parties’ asset 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 in the United States District Court
- Conducted extensive discovery and obtained summary judgment for a suture manufacturer in a product liability matter in the Delaware Superior Court.
Delaware State Bar Association
Treasurer, Executive Committee (2013-2015)
Secretary, Executive Committee (2012-2013)
Member-at-Large, Executive Committee (2011-2012, 2015-2017)
Chair, Litigation Section (2010-2011)
Richard S. Rodney Inn of Court (Barrister Member)
Fellow, American Bar Foundation
Pro Bono Experience
David is a volunteer member of the District of Delaware Federal Civil Panel. Through his Panel representations, he has briefed and successfully argued before the Third Circuit issues related to qualified immunity and deliberate indifference. In addition, he recently negotiated a favorable settlement for a pro bono client in an excessive force claim.
David is a volunteer guardian ad litem with the Office of the Child Advocate. He also works with the Widener University School of Law Veterans’ Law Clinic, where he represented a veteran as an accredited attorney before the Department of Veterans Affairs.
Co-author, Delaware Chapter of DRI’s Class Action Compendium, 2011
Co-author, “Federalization Increases D&O Exposure,” Executive Counsel, February/March 2011
“Justice Rationed: A Look at Alabama’s Present Indigent Defense System with a Vision Towards Change,” 52 Ala. L. Rev. 975 (2001)
Panelist, “Delaware Court of Chancery, Current Issues and Dilemmas: What’s New and What’s News,” Delaware State Bar Association’s Bench and Bar CLE Conference, June 17, 2016
Panelist, “Business Contracts A to Z,” National Business Institute, December 18, 2012
“Beyond Delaware: Issues with Serving Process and Seeking Discovery,” Delaware State Bar Association’s Litigation Section CLE, 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
St. Ann Parish – Finance Committee Member (2018- Present)
Delaware Futures, Inc. – Former Director, Vice President and Treasurer (2012-2018)
West End Neighborhood House, Inc. – Former Director and Treasurer (2009-2011)
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