Neil R. Lapinski

NEIL R. LAPINSKI is a Director in the Wilmington law firm of Gordon, Fournaris & Mammarella, P.A.  He is a graduate of Brown University and American University Washington College of Law.  He received an L.L.M. in Taxation from Temple University Beasley School of Law and is a member of the Bars of Delaware and the District of Columbia.

Mr. Lapinski’s practice focuses on corporate and alternative entity law as well as commercial and fiduciary litigation. Appearing frequently in the Court of Chancery and acting as lead counsel in both jury and bench trials throughout Delaware, including United States District Court and Superior Court in New Castle, Kent and Sussex counties, he has won or resolved many cases representing clients in a wide range of complex issues relating to Delaware law. He litigates cases related to corporate, trust, and alternative entity fiduciary litigation as well as commercial and contract litigation, tax disputes, and adversary actions related to Chapter 11 bankruptcy proceedings. These engagements include fiduciary duty actions arising out of allegations of mismanagement and self-dealing, expedited matters seeking injunctive relief, books and records inspection disputes, challenges to board action under 8 Del. C. Section 225, and litigating or arbitrating breaches of contract and related tort claims in commercial and construction disputes.

Representative Matters: 

Estate of Joseph Magioli, et al. v. Alliance HC Holdings, LLC, et al. and Estate of Wanda Kaegi, et al. v. Alliance HC Holdings, LLC, et al. (United States Court of Appeals for the Third Circuit, Nos. 20-2833 and 20-2834). As counsel for the estates of residents who died of Covid-19, Neil successfully argued against complete preemption of wrongful death cases against nursing homes under the PREP Act. This is the first such circuit court ruling in the country. 

Oral Argument (Audio): https://www2.ca3.uscourts.gov/oralargument/audio/20-2833EstateofJosephMagliolietalvAllianceHCHoldingsLLCetal.mp3

Precedential Decision: http://www2.ca3.uscourts.gov/opinarch/202833p.pdf

Optical Air Data Systems, LLC v. L-3 Communications Corporation, et al. (Superior Court of the State of Delaware, C.A. No N17C-05-619 CCLD). As lead trial counsel, Neil obtained a judgment in excess of four million dollars against one of the world’s largest defense contractors for breach of a commercial supply agreement.

PoolRe Insurance Corporation, et al. v. Organizational Strategies Incorporated, et al. (United States Court of Appeals for the Fifth Circuit, C.A. No. 14-20433). Neil successfully argued for affirmation of a Texas district court’s order vacating an arbitration award in a contract dispute with a captive insurance provider.

Oral Argument (Audio): https://www.ca5.uscourts.gov/OralArgRecordings/14/14-20433_3-2-2015.mp3

In re: Hawk Systems, Inc. (Delaware Court of Chancery, C.A. No. 2018-0288-JRS). As lead trial counsel, Neil successfully challenged board actions under DGCL § 225 after a shareholder’s attempt to revive a canceled Delaware corporation.

Preferred Investment Service, Inc. v. T&H Bail Bonds, Inc., et al. (Delaware Court of Chancery, C.A. No. 2886-VCP). As lead trial counsel, after prevailing at trial over a disputed exclusive financing agreement, Neil secured a substantial attorneys fee award on a post-trial motion for the application of the bad faith exception to the American Rule.

Neil R. Lapinski, Esquire joined the Firm in February, 2012 as a Director in the litigation department.