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 with respect to transactional and litigation issues. He is a frequent CLE panelist on issues of Delaware corporate law and corporate government.
Ken 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 for six consecutive years in Chambers USA: America’s Leading Lawyers for Business as a leading practitioner in the Delaware Court of Chancery. In 2008, in reference to his involvement in a proposed $4.1 billion go private merger, Chambers reported that Ken has been "[r]ecommended as an 'excellent and highly skilled lawyer' “whose name "has become synonymous" with these types of "large public deals."
Clients and peers have described Ken as an “excellent, well-rounded and dogged litigator,” with a “bright and businesslike manner,” and “an air of confidence that creates the impression he’s got the law on his side.”
Noteworthy
Best Lawyers’ 2010 Delaware Lawyer of the Year in Bet-the-Company Litigation
Fellow, American College of Trial Lawyers
Chambers USA: Guide To America’s Leading Lawyers for Business (2002-2009)
Best Lawyers in America (2002-2009)
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
- 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
- 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. - 26 Morris Nichols Attorneys Named to The Best Lawyers in America 2010: Firm Earns Seven #1 Rankings in Delaware
The Best Lawyers in America 2010 has ranked Morris Nichols #1 in Delaware in seven practice areas and has named 26 Morris Nichols attorneys to its The Best Lawyers in America 2010 list. - Chambers USA 2009 Names 20 Morris Nichols Attorneys and Five Practice Groups as Best in Delaware
Chambers USA: America’s Leading Lawyers for Business today ranked twenty Morris Nichols’ attorneys and five practice groups as best in Delaware. - 18 Morris Nichols Attorneys Selected for Inclusion in Super Lawyers – Delaware Edition 2009
Super Lawyers® magazine has named 18 Morris Nichols attorneys as top legal counsel in Delaware for 2009, three more than were listed in 2008. - 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. - Lawdragon Names Three Morris Nichols Attorneys Among Top 500 Lawyers in America; Ten Selected as 2008 Finalists
Morris Nichols partners Rick Alexander, Bill Lafferty and Ken Nachbar have been named to the Lawdragon 500 Leading Lawyers in America 2008 guide, an independent listing of the nation’s most elite attorneys. - 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”. - 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.
Notable Publications and Presentations
- William M. Lafferty, Kenneth J. Nachbar, Jay N. Moffitt, Leslie A. Polizoti, Section 102(b)(7) Charter Provisions Remain Potent Weapons
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