- 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
Kenneth J. Nachbar
PartnerTel: (302) 351-9294
Fax: (302) 425-3013
Ken is a member of the Corporate and Business Litigation Group. His practice focuses on cases involving mergers and acquisitions, control contests and shareholder class and derivative actions. He also advises corporate clients and boards of directors with respect to litigation and transactional matters including structuring of corporate transactions, defensive mechanisms and representation of special negotiating committees and special litigation committees.
Ken has participated as lead or co-counsel in many of the seminal cases involving Delaware corporate law, for clients such as The Dow Chemical Company, 3M Company, Barclay’s Bank Delaware, FedEx Corporation, Oracle Corporation, Allergan, Inc., Air Products and Chemicals, Inc. and KFC Corporation. Ken has also advised special committees of the boards of companies such as Ralph Lauren Corporation, TripAdvisor, Inc., Massey Corporation and MoneyGram International, Inc.
Ken is a Fellow of the American College of Trial Lawyers. He has been recognized annually since 2002 in Chambers USA where he is ranked in the top band of Court of Chancery litigators. Clients and peers describe him as “a terrific Chancery Court lawyer” who has a “tremendous effect on the courts in Delaware.” He “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.”
He was named a Delaware Litigation Star by Benchmark Litigation, was named 2015 Delaware Lawyer of the Year for Bet-the-Company Litigation by The Best Lawyers in America®, and has been recognized as a leading Delaware litigator in Super Lawyers–Delaware, LawDragon’s 500 Leading Lawyers in America and numerous other ratings publications.
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
- Best Lawyers’ 2015 and 2010 Delaware Lawyer of the Year in Bet-the-Company Litigation
- Chambers USA: Guide To America’s Leading Lawyers for Business (2002-2015)
- Best Lawyers in America (2001-2015)
- 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
- Successfully represented The Men’s Wearhouse in expedited litigation, leading to its acquisition of Jos. A Bank Clothiers, Inc. The Men’s Wearhouse, Inc. v. Wildrick, et al., Del. Ch. No. 9383
- Successfully argued the first Delaware case upholding a forum selection bylaw. Boilermakers Local 154 Retirement Fund v. Chevron Corp., 73 A.3d 934 (Del. Ch. 2013)
- Successfully represented Allergan, Inc, and its directors in procuring the dismissal of derivative litigation. Pyott v. Louisiana Mun. Police Employees' Retirement System, 74 A.3d 612 (Del. 2013)
- 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. Air Products and Chemicals, Inc. v. Airgas, Inc., 2010 WL 3960599 (Del. Ch.)
- Served as lead counsel for the outside directors of Barnes & Noble, Inc. in successfully defending through trial an action brought by an 18 percent stockholder seeking to invalidate Barnes & Noble’s rights plan. Yucaipa American Alliance Fund II, L.P. v. Riggio, 1 A.3d 310 (Del. Ch. 2010)
- Served as lead counsel for the major sports leagues and the NCAA in successfully challenging Delaware’s proposed sports betting scheme. Office of the Commissioner of Baseball v. Markell, 579 F. 3d. 293 (3d Cir. 2009)
- Served as lead Delaware counsel, successfully obtained summary judgment in favor of Dow on a contract claim and in defense of $700 million counterclaim. Dow Chemical Canada v. HRD Corp., 656 F. Supp. 2d 427 (D. Del 2009)
- Successfully defended the acquiror against preliminary injunction motion challenging a proposed $4 billion going-private merger. In re Lear Corp. Shareholders Litig., 926 A.2d 94 (Del. Ch. 2007)
- Successfully defended acquiror in trial seeking specific performance of a merger agreement. Frontier Oil Corp. v. Holly Corp., 2005 WL 1039027 (Del. Ch. 2005)
- Successfully argued and obtained summary judgment in favor of Larry Ellison in $900 million insider trading case. In re Oracle Corp. Deriv. Litig., 867 A.2d 904 (Del. Ch. 2004)
- Chambers USA 2015 Ranks 23 Morris Nichols Attorneys and 4 Practice Groups Among the Best in Delaware
- 16 Morris Nichols Attorneys Selected for Inclusion in 2015 Delaware Super Lawyers
- Benchmark Litigation Recognizes Morris Nichols in 2015 Rankings
The 2015 edition of Benchmark Litigation recognizes Morris, Nichols, Arsht & Tunnell LLP as a “Highly Recommended” law firm in Delaware. The guide notes that Morris Nichols “has developed a national reputation as a leading general commercial litigation, bankruptcy, and intellectual property firm.”
- 28 Morris Nichols Attorneys Listed in The Best Lawyers in America® 2015
Morris Nichols is pleased to announce that 28 firm attorneys were selected for inclusion in the 2015 edition of The Best Lawyers in America®. Two partners received special recognition as 2015 Delaware Lawyer of the Year: Jack B. Blumenfeld for Litigation-Patent, and Kenneth J. Nachbar for Bet-the-Company Litigation.
- 17 Morris Nichols Attorneys Selected For Inclusion in Super Lawyers- Delaware Edition 2014
Super Lawyers is a rating service of outstanding lawyers from more than 70 practice areas who have attained a high-degree of peer recognition and professional achievement. The selection process is multi-phased and includes independent research, peer nominations and peer evaluations.
- Chambers USA 2014 Names 21 Morris Nichols Attorneys and 4 Practice Groups as Best in Delaware
Chambers annually conducts in-depth interviews of commercial users of legal services to assess the strengths and reputations of US attorneys. Rankings are based on technical legal ability, professional conduct, client service, commercial astuteness, diligence, commitment, and other qualities most valued by clients.
- 2014 Chambers USA Directory Ranks 21 Morris Nichols Attorneys as 'Leaders in their Field"
- Morris Nichols Attorneys Named to 2014 Best Lawyers in America – 60 Practice Specialty Selections; 22 Top-Listed Practice areas; 5 Delaware Lawyers of the Year
Morris Nichols is pleased to announce that two thirds of the firm's partnership have been selected for inclusion in the 2014 edition of The Best Lawyers in America.
- 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.
- 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.
- Tarik J. Haskins, Louis G. Hering, Kenneth J. Nachbar, Frederick H. Alexander, Rick Alexander, Ken Nachbar, Lou Hering, Tarik Haskins Serve as Program Speakers at 2012 ABA Annual Meeting – Business Law Section, Chicago, August 2012