Practice Areas
Education
- J.D., 1981, New York University School of Law
- Member, New York University Review of Law and Social Change, 1980-1981
- B.A., 1978, Haverford College
Admissions to Practice
- Delaware, 1981
- U.S. District Court for the District of Delaware, 1982
- U.S. Court of Appeals for the Third Circuit, 1987
Ken is a member of the Corporate and Business Litigation Group. His practice is concentrated in litigation arising from mergers and acquisitions and disputes relating to Delaware corporations. In addition, Ken advises corporate boards of directors and special committees with respect to transactional and litigation issues. He is a frequent CLE panelist on issues of Delaware Corporate Law and Corporate Government.
Ken is a renowned Delaware lawyer who has participated in the litigation of many of the seminal cases in Delaware corporate law, from Unocal, Inc. v. Mesa Petroleum Corp. (1985) to In re NetSmart Technologies (2007).
Ken has been recognized in Chambers USA since 2002 as a leading practitioner in the Delaware Court of Chancery. The current edition of Chambers lists Ken in the first band of Chancery practitioners, stating:
“Excellent, well-rounded and dogged litigator” Kenneth Nachbar rises to the first tier this year on account of his “bright and businesslike manner” coupled with “an air of confidence that creates the impression he’s got the law on his side.” He excels in “taking reasonable positions that he knows he can back up” . . .
Noteworthy
- Fellow, American College of Trial Lawyers
- Chambers & Partners USA, 2002-2008
- Lawdragon, "500 Leading Lawyers in America", 2007-2008
- Lawdragon, "100 Lawyers You Need to Know in Securities Litigation", 2008
- Best Lawyers in America, 2002-2008
- Benchmark: Litigation, 2007-2008
- Who's Who Legal
- Who’s Who in Corporate Governance
- Delaware “SuperLawyers”, 2007-2008
Representative Matters
- In re IAC / InterActiveCorp., 2008 WL 837032 (Del. Ch.) Successfully defended a company and a majority of its board in a suit brought by a major shareholder challenging a spin-off transaction valued at approximately $4 billion.
- In re Lear Corp. Shareholders Litig., 926 A.2d 94 (Del. Ch. 2007)
Successfully defended the acquiror against preliminary injunction motion challenging a proposed $4 billion going-private merger. - Valassis Corp. v. ADVO, Inc., (2006)
Lead counsel for acquiror claiming fraud and an MAE. Case settled during trial, with the acquisition price being reduced by more than 10%. - In re Oracle Corp. Deriv. Litig., 867 A.2d 904 (Del. Ch. 2004)
Co-lead counsel, successfully argued and obtained summary judgment in favor of Larry Ellison in $900 million insider trading case. - Frontier Oil Corp. v. Holly Corp., 2005 WL 1039027 (Del. Ch. 2005)
Co-lead counsel, successfully defended acquiror in trial seeking specific performance of a merger agreement. - In re Pure Resources S’holders Litig., 808 A.2d 421 (Del. Ch. 2002)
Successfully argued motion defending acquiror in litigation seeking to enjoin a tender offer and merger.
News
- Nachbar & Lafferty Named In Securities Litigation Rankings
Kenneth J. Nachbar and William M. Lafferty have been named to Lawdragon’s “100 Lawyers You Need to Know in Securities Litigation”. - Eighteen Morris Nichols Attorneys Recognized In Best Lawyers In America 2008
According to Best Lawyers, Morris Nichols had the highest number of attorneys named in Delaware in the practice areas of commercial litigation (5) and corporate law (10). - Four Morris Nichols Attorneys Named To Lawdragon 500 Leading Lawyers In America
Morris Nichols Arsht & Tunnell LLP announced today that four of its attorneys were named to the Lawdragon 500 Leading Lawyers in America, and that two additional attoneys were named as finalists. - Seventeen Partners and Five Practice Areas Recognized by Chambers & Partners USA
Morris Nichols Ranked First in Delaware for Chancery, Corporate/M&A, and Intellectual Property Law and Second in the State in Bankruptcy/Restructuring and Real Estate. - Twelve Morris Nichols Partners Selected For Inclusion in Delaware "Super Lawyers"
The Delaware "Super Lawyers” list represents the top attorneys throughout the state who have achieved high standards for their legal ability, and are recognized by their peers and in the business community for their legal prowess in their individual practice areas. - Five Partners Named to The 2007 International Who's Who of Business Lawyers
Frederick H. Alexander, Lewis S. Black , John F. Johnston, Kenneth J. Nachbar, and A. Gilchrist Sparks, III have been recognized in Who’s Who Legal – The International Who’s Who of Business Lawyers, 2007 Edition.
Professional and Community Activities
- Member, American Bar Association
- Member, Delaware State Bar Association
- Member, Rules Committee of the United States District Court for the District of Delaware
- Chairman, Delaware Board on Certified Court Reporters