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
- U.S. Supreme Court, 2010
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 concerning transactional and litigation issues. He is a frequent CLE panelist on issues of Delaware corporate law and corporate governance.
Ken has participated in the litigation of many of the seminal cases in Delaware corporate law during the past 25 years, from Unocal, Inc. v. Mesa Petroleum Corp. (1985) to Yucaipa v. Riggio (2010).
Ken was named Best Lawyers’ 2010 Delaware Lawyer of the Year in Bet-the-Company Litigation. He has been recognized annually since 2002 in Chambers USA: America’s Leading Lawyers for Business as a leading practitioner in the Delaware Court of Chancery. Clients and peers describe him as "a terrific Chancery Court lawyer”, “who has the rare combination of a substantive command of the law and the ability to get up there and effectively argue cases." "You know you must bring your ‘A’ game when you are against him.”
Professional and Community Activities
- Fellow, American College of Trial Lawyers
- Member, American Bar Association
- Member, Delaware State Bar Association
- Former member, Rules Committee of the United States District Court for the District of Delaware
- Former chairman, Delaware Board on Certified Court Reporters
Noteworthy
- Best Lawyers’ 2010 Delaware Lawyer of the Year in Bet-the-Company Litigation
- Chambers USA: Guide To America’s Leading Lawyers for Business (2002-2013)
- Best Lawyers in America (2002-2013)
- Benchmark Litigation
- Who's Who Legal
- Who’s Who in Corporate Governance
- Delaware Super Lawyers
- Lawdragon: 500 Leading Lawyers in America
- Lawdragon: 100 Lawyers You Need to Know in Securities Litigation
Representative Matters
- Air Products and Chemicals, Inc. v. Airgas, Inc., 2010 WL 3960599 (Del. Ch.) Co-lead counsel, advised Air Products in connection with a $7 billion takeover transaction, including trial of an action challenging the defensive tactics of the board of directors of Airgas and defense of an action by Airgas challenging certain bylaw amendments proposed by Air Products.
- Yucaipa American Alliance Fund II, L.P. v. Riggio, 1 A.3d 310 (Del. Ch. 2010) Lead counsel for the outside directors of Barnes & Noble, Inc. in successfully defending through trial an action brought by an 18% stockholder seeking to invalidate Barnes & Noble’s rights plan.
- Office of the Commisioner of Baseball v. Markell, 579 F. 3d. 293 (3d Cir. 2009) Lead counsel for the major sports leagues and the NCAA in successfully challenging Delaware’s proposed sports betting scheme.
- Dow Chemical Canada v. HRD Corp., 656 F. Supp. 2d 427 (D. Del 2009) Lead Delaware counsel, successfully obtained summary judgment in favor of Dow on a contract claim and in defense of $700 million counterclaim.
- 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%.
- 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 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. - 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
- Chambers USA 2013 Names 17 Morris Nichols Attorneys and 4 Practice Groups as Best In Delaware
The 2013 edition of Chambers USA: America’s Leading Lawyers for Business today ranked seventeen Morris Nichols’ attorneys and four practice groups as best in Delaware. - 22 Morris Nichols Attorneys Selected for Inclusion in Super Lawyers – Delaware Edition 2013
22 Morris Nichols attorneys have been selected for inclusion in Super Lawyers - Delaware Edition 2013. - Morris Nichols Tops Delaware in Benchmark Litigation 2013
Morris Nichols is pleased to announce that nine Morris Nichols’ attorneys and three practice areas have been selected as among the best in Delaware by the 2013 edition of Benchmark Litigation. - 28 Morris Nichols Attorneys Named to The Best Lawyers in America 2013
28 Morris Nichols attorneys have been named to The Best Lawyers in America 2013 in twenty two practice areas. - Rick Alexander, Ken Nachbar, Lou Hering, Tarik Haskins Serve as Program Speakers at 2012 ABA Annual Meeting – Business Law Section
Morris Nichols’ Rick Alexander, Ken Nachbar, Lou Hering and Tarik Haskins served as program speakers for The Business Law Section of the American Bar Association (ABA) at the 2012 ABA Annual Meeting in Chicago, August 3-5, 2012. - Chambers USA 2012 Names Twenty Morris Nichols Attorneys and Four Practice Groups as Best In Delaware
The 2012 edition of Chambers USA: America’s Leading Lawyers for Business today ranked twenty Morris Nichols’ attorneys and four practice groups as best in Delaware. - 25 Morris Nichols Attorneys Named to The Best Lawyers in America 2012
25 Morris Nichols attorneys have been named to The Best Lawyers in America 2012 in twenty practice areas. - Chambers USA 2011 Names Twenty Morris Nichols Attorneys and Four Practice Groups as Best In Delaware
The 2011 edition of Chambers USA: America’s Leading Lawyers for Business today ranked twenty Morris Nichols’ attorneys and four practice groups as best in Delaware. - 19 Morris Nichols Attorneys Selected for Inclusion in Super Lawyers – Delaware Edition 2011
Super Lawyers® magazine has named 19 Morris Nichols attorneys as top legal counsel in Delaware for 2011. - Morris Nichols Attorneys Listed in Lawdragon’s 500 Leading Lawyers in America
Rick Alexander, Jack Blumenfeld, John Johnston, Bill Lafferty, Ken Nachbar and Gil Sparks have been recognized in Lawdragon Magazine’s listing of its 500 Leading Lawyers in America 2010. - 26 Morris Nichols Attorneys Named to The Best Lawyers in America 2011; Firm is Top-Listed in Eight Categories in Delaware
26 Morris Nichols attorneys have been recognized in The Best Lawyers in America 2011. The firm was also “Top-Listed in Delaware” in eight practice areas. - Chambers USA 2010 Names Twenty Morris Nichols Attorneys as Leading Lawyers
The 2010 edition of Chambers USA: America’s Leading Lawyers for Business today ranked twenty Morris Nichols attorneys and four practice groups as among the best in Delaware. - 18 Morris Nichols Attorneys Selected for Inclusion in Super Lawyers – Delaware Edition 2010
Super Lawyers® magazine has named 18 Morris Nichols attorneys as top legal counsel in Delaware for 2010. - Three Morris Nichols Attorneys Named 2010 Lawyers of the Year by The Best Lawyers in America
A. Gilchrist Sparks, III, William H. Sudell, Jr. and Kenneth J. Nachbar have been named 2010 Delaware Lawyers of the Year by the Best Lawyers in America Guide. - Third Circuit Agrees with Sports Leagues’ Interpretation of Federal Statute – Morris Nichols Litigation Team Successful in National Sports Leagues Betting Appeal
The Third Circuit Court of Appeals has agreed with Morris Nichols’ interpretation of the Professional Amateur Sports Protection Act (PASPA) and ruled in favor of its clients – all of the major national professional sports leagues, including the NFL, MLB, NBA, NHL, and the NCAA – that Delaware’s plan to offer single-game sports betting violates the federal law. - Ken Nachbar Quoted, Delaware Supreme Court Brief Featured, in LegalNewsline Article on NFL's Request to Block Sports Betting
Ken Nachbar on behalf of the National Football League were featured in a LegalNewsline article today about the NFL’s petition to block a pending sports betting bill awaiting signature by Delaware Governor Jack Markell.