Neal C. Belgam
Neal C. Belgam, a firm partner, focuses his practice on complex commercial, corporate and intellectual property litigation. During his more than 20 years of practice, Neal has served as lead trial or appellate counsel in matters before all of Delaware’s courts. Neal also often serves as Delaware counsel to the nation’s leading law firms in Delaware matters.
Neal has successfully represented clients as both plaintiffs and defendants in matters involving corporate governance, officer and director fiduciary obligations, officer and director indemnity and alternative Delaware business entities. For more than 15 years, Neal has spent a significant part of his practice working as Delaware counsel in matters involving intellectual property rights, including patents and trademarks. Neal also has significant experience in litigation matters involving real estate, construction and development, insurance coverage, contracts and business torts.
After practicing for nearly 20 years, Neal served for several years as a Managing Director of a private equity investment fund and in this capacity served as General Counsel to portfolio investment entities. This experience gives Neal the unique perspective of having been both litigation counsel and “the client” in significant litigation matters and drives his efficient and effective litigation approach.
Neal was selected by the Court to serve on the Local Rules Advisory Committee for the U.S. District Court for the District of Delaware and as a member of that Committee has been significantly involved in drafting the Court’s Local Rules. Neal has been appointed as Special Discovery Master in matters in the Delaware Superior Court and Court of Chancery in various matters, including a large docket of products liability cases. Neal is also certified by the Delaware Superior Court as a mediator. Neal is a former Chairman of the Litigation Section of the Delaware Bar Association, a former President of the Delaware Chapter of the Federal Bar Association, and the Vice President of the Federal Bar Association representing the Third Circuit. Neal is a recipient of the Delaware Bar Association Distinguished Pro Bono Service Award.
- Education:
- Albright College (A.B., 1986)
- Dickinson School of Law (J.D., 1989), Roda Award for Appellate Advocacy,
National Appellate Moot Court Team, President, Corpus Juris Society
- Career:
- Morris, James, Hitchens & Williams, Wilmington, De., Associate 1989-1996, Partner, 1997-2000
- Blank Rome, LLP, Wilmington, De., Partner 2000-2006
- Context Capital Partners, Bala Cynwd, Pa., Fund Managing Director and portfolio entity General Counsel 2006-2008
- Memberships:
- DSBA, Litigation Section (former Chairman)
- DSBA IP section
- Federal Bar Association (Vice President Third Circuit, former President Delaware Chapter)
- Richard S. Rodney Inn of Court
- Notable Trials:
- Obtained a $20 million judgment on behalf of a small company against a major telecommunications provider on a contract claim. Trial in federal court in Kansas.
- Obtained a favorable declaratory judgment regarding board control issue for national restaurant franchisee group against parent company. Trial in Delaware Court of Chancery. http://courts.delaware.gov/Opinions/Download.aspx?ID=149840
- Obtained a multi-million dollar judgment on behalf of a minority shareholder in a privately held company, in which the Court also ordered a forensic accounting of the subject company, repayment by the Company’s management and majority shareholders of their improper compensation, dissolution of the company and distribution of its assets to its shareholders. Trial in the Delaware Court of Chancery.
- Successful defense at trial of a Fortune 100 consumer products company in an action in which the plaintiffs alleged a $500 million fraudulent conveyance as part of a spin-off. Trial in federal court in Delaware.
- Obtained a judgment protecting a valuable parcel of commercial property from claims of adverse possession by an adjoining shopping mall owner. Trial in Delaware Court of Chancery.
- Representative Engagements:
- Delaware Counsel in multiple patent litigation matters. Clients have included: McKesson Automation, Inc., Motorola, Inc., Corvis Corporation, Mylan, Infineon Technologies, Linex Technologies and Interdigital Communications.
- VFB LLC v. Campbell Soup Company; Litigation involving claims of fraudulent conveyance and breaches of fiduciary duty respecting spinoff of Vlasic Foods International by Campbell Soup Company.
- Kentucky Fried Chicken: Representation of national franchisee group against corporate parent on board control issues.
- Marathon Oil Company: Litigation involving control and corporate governance of oil pipeline joint venture.
- Litigation against major Canadian pharmaceuticals company, respecting acquisition of U.S. pharmaceuticals company. Matter involved fiduciary duty claims, advancement and indemnity claims.
- Toll Bros.: Various litigations involving land use appeals and land sale contracts.
- ANC (Alamo and National Car Rental Companies): Represented debtors in litigation component of bankruptcy proceedings.
- Philadelphia Parking Authority: Construction management and prelitigation dispute resolution involving major airport parking construction project.
- International Insurance Company: Various insurance coverage litigation matters including trial of Hoechst Celanese plumbing fitting claims insurance coverage action.
- Republic Bank: Litigation involving foreclosure and land use issues respecting a newly constructed but unopened Radisson Hotel.
- Mr. Belgam has also represented a number of builders, developers, contractors and subcontractors in construction related litigation.
- Reported Decisions:
- Carlson v. Hallinan, 925 A.2d 506 (Del. Ch. 2006)
- VFB LLC v. Campbell Soup Co., 336 B.R. 81 (D. Del. 2005)
- State ex rel. Brady v. Pettinaro Enterprises, 870 A.2d 513 (Del. Ch. 2005)
- Ciena Corp. v. Corvis Corp., 352 F.Supp.2d 526 (D. Del. 2005); 334 F.Supp.2d 598 (D. Del. 2004); 334 F.Supp.2d 610 (D. Del. 2004); 210 F.R.D. 519, 66 U.S.P.Q.2d 1798 (D. Del. 2002)
- E.I. duPont de Nemours & Co. v. Allstate Ins. Co., 879 A.2d 929 (Del. Super. 2004)
- Miller Products Co., Inc. v. Veltek Associates, Inc., 218 F.R.D. 425 (D. Del. 2003)
- In re Explorer Pipeline Co., 781 A.2d 705 (Del. Ch. 2001)
- Wilmington Hospitality, L.L.C. v. New Castle County ex rel. New Castle Department of Land Use, 788 A.2d 536 (Del.Ch. 2001)
- Mendelson v. Delaware River & Bay Authority, 56 F.Supp.2d 436 (D. Del. 1999)
- Hoechst Celanese Corp. v. Certain Underwriters at Lloyd's London, 673 A.2d 164 (Del. 1996)
- City Investing Co. Liquidating Trust v. Continental Cas. Co., 624 A.2d 1191 (Del. 1993)
- Hoechst Celanese Corp. v. National Union Fire Ins. Co. of Pittsburgh, Pennsylvania, 623 A.2d 1099 (Del. Super. 1991)
- Lectures:
- Mr. Belgam is a frequent presenter and lecturer on litigation and trial practice issues and skills.
- Publications:
- “So You Have Been Sued: A Director’s Checklist for Surviving a Lawsuit,” Directorship, November 2002.
