Kenneth J. Nachbar

Partner

(302) 351-9294 T
(302) 422-3013 F

Clients and peers say Ken has a “tremendous effect on the courts in Delaware ... you know you must bring your ‘A’ game when you are against him.”—Chambers USA

Ken is a member of the Corporate & 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 Delaware Super Lawyers, LawDragon’s 500 Leading Lawyers in America and numerous other ratings publications.

Professional Activities

  • American College of Trial Lawyers (Fellow)
  • American Bar Association
  • Delaware Board on Certified Court Reporters (Former Chairman)
  • Delaware State Bar Association
  • U.S. District Court for the District of Delaware (Former member, Rules Committee)

Representative Matters

  • 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)

News

30 Morris Nichols Attorneys Listed in The Best Lawyers in America® 2016

Wilmington, DE (August 17, 2015) – Thirty attorneys from Morris, Nichols, Arsht & Tunnell LLP were selected for inclusion in the 2016 edition of The Best Lawyers in America®. The results are based on peer-review evaluations from more than 79,000 eligible attorneys. Jack B. Blumenfeld was named the Best Lawyers® 2016... Continue Reading

The Legal 500 Ranks Morris Nichols as a Leading M&A Firm in the United States

Wilmington, DE (June 3, 2015) – Morris, Nichols, Arsht & Tunnell LLP has been ranked as a leading M&A law firm in The Legal 500 United States 2015. Now in its ninth edition, the U.S. guide organizes various practice areas into a single national ranking. “Only a small number of firms in the United States have a truly national... Continue Reading

Chambers USA 2015 Ranks 23 Morris Nichols Attorneys and 4 Practice Groups Among the Best in Delaware

Wilmington, DE (May 19, 2015) – The 2015 edition of Chambers USA: America’s Leading Lawyers for Business ranked Morris, Nichols, Arsht & Tunnell LLP as a Band 1 law firm in the Delaware categories for Bankruptcy/Restructuring, Chancery, Corporate M&A & Alternative Entities, and Intellectual Property. Twenty-three... Continue Reading

16 Morris Nichols Attorneys Selected for Inclusion in 2015 Delaware Super Lawyers

Wilmington, DE (May 15, 2015) – Sixteen Morris Nichols attorneys have been selected for inclusion to the 2015 Delaware Super Lawyers.  Jack B. Blumenfeld was named to the “Top 10” list for Delaware.  In addition, attorneys Eric S. Klinger-Wilensky, Curtis S. Miller and Matthew R. Clark were recognized as 2015... Continue Reading

Benchmark Litigation Recognizes Morris Nichols in 2015 Rankings

Wilmington, DE (September 24, 2014) – 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... Continue Reading

28 Morris Nichols Attorneys Listed in The Best Lawyers in America® 2015

Wilmington, DE (August 18, 2014) – Twenty-eight attorneys from Morris, Nichols, Arsht & Tunnell were selected for inclusion in the 2015 edition of The Best Lawyers in America®. The results are based on peer-review evaluations from more than 50,000 attorneys. Two partners received special recognition as 2015 Delaware Lawyer of the... Continue Reading

17 Morris Nichols Attorneys Selected For Inclusion in Super Lawyers- Delaware Edition 2014

Wilmington, DE (May 19, 2014) – 17 Morris Nichols attorneys have been selected for inclusion in Super Lawyers - Delaware Edition 2013. Jack Blumenfeld and A. Gilchrist Sparks, III, were named to the Best of the Best Top 10 Delaware Super Lawyers list. In addition, attorneys Eric Klinger-Wilensky and Curtis Miller were recognized as 2014... Continue Reading

Chambers USA 2014 Names 21 Morris Nichols Attorneys and 4 Practice Groups as Best in Delaware

Wilmington, DE (May 23, 2014) – The 2014 edition of Chambers USA: America’s Leading Lawyers for Business today ranked twenty-one Morris Nichols’ attorneys and four practice groups as best in Delaware.  Chambers annually conducts in-depth interviews of commercial users of legal services to assess the strengths and reputations... Continue Reading

2014 Chambers USA Directory Ranks 21 Morris Nichols Attorneys as 'Leaders in their Field"

Wilmington, DE (March, 2014) – The Firm congratulates its 21 attorneys who will be included in the 2014 Chambers USA “Leaders in their Field” legal directory by Chambers & Partners. Several practices and lawyers are recognized in more than one area. Delaware A Gilchrist Sparks III, Chancery & Corporate /M&A Derek... Continue Reading

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

Wilmington, DE (August 21, 2013) – 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.  The firm was noted for 60 individual specialty selections, 22 "Top-Listed" practice specialties, and five individual 2014 Delaware Lawyers... Continue Reading

22 Morris Nichols Attorneys Selected for Inclusion in Super Lawyers - Delaware Edition 2013

Wilmington, DE (May 23, 2013) – 22 Morris Nichols attorneys have been selected for inclusion in Super Lawyers - Delaware Edition 2013.  Rick Alexander and A. Gilchrist Sparks, III, were named to the Best of the Best Top 10 Delaware Super Lawyers list. Super Lawyers is a rating service of outstanding lawyers from more than 70 practice... Continue Reading

Morris Nichols Tops Delaware in Benchmark Litigation 2013

Wilmington, DE (May 22, 2013) – Morris, Nichols, Arsht & Tunnell LLP 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. Benchmark’s research included competitors who described Morris Nichols litigators... Continue Reading

Chambers USA 2013 Names 17 Morris Nichols Attorneys and 4 Practice Groups as Best In Delaware

Wilmington, DE (May 24, 2013) – 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.  Chambers annually conducts in-depth interviews of commercial users of legal services to assess the strengths and reputations... Continue Reading

28 Morris Nichols Attorneys Named to The Best Lawyers in America 2013

Wilmington, DE (August 31, 2012) – 28 Morris Nichols attorneys have been named to The Best Lawyers in America 2013 in twenty two practice areas. Morris Nichols lawyers were selected for outstanding reputations and distinguished work in their practice areas based on a confidential peer-review survey of the top attorneys in the country,... Continue Reading

Lawdragon Names Four Morris Nichols Attorneys Among 500 Leading Lawyers in America

Wilmington, DE – May 13, 2010 – Morris Nichols partners Rick Alexander, Jack Blumenfeld, Bill Lafferty and Ken Nachbar have been named to the Lawdragon 500 Leading Lawyers in America 2010 guide, an independent listing of the nation’s most elite attorneys.  Morris Nichols had more honorees than any other Delaware law... Continue Reading

Three Morris Nichols Attorneys Named 2010 Lawyers of the Year by The Best Lawyers in America

Wilmington, DE – November 30, 2009 – Morris, Nichols, Arsht & Tunnell LLP lawyers 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.  The firm’s lawyers received three of the six honors recognizing Delaware’s... Continue Reading

Third Circuit Agrees with Sports Leagues' Interpretation of Federal Statute - Morris Nichols Litigation Team Successful in National Sports Leagues Betting Appeal

Wilmington, DE – August 31, 2009 – 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... Continue Reading

18 Morris Nichols Attorneys Selected for Inclusion in Super Lawyers - Delaware Edition 2009

Wilmington, DE – June 3, 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. The selections for Super Lawyers are made by Law & Politics who undertakes a rigorous selection process that includes a statewide survey of lawyers,... Continue Reading

Chambers USA 2009 Names 20 Morris Nichols Attorneys and Five Practice Groups as Best in Delaware

Wilmington, DE – June 12, 2009 – The 2009 edition of Chambers USA:  America’s Leading Lawyers for Business today ranked twenty Morris Nichols’ attorneys and five practice groups as best in Delaware. Chambers annually conducts in-depth interviews of commercial users of legal services to assess the strengths and... Continue Reading

Ken Nachbar Quoted, Delaware Supreme Court Brief Featured, in LegalNewsline Article on NFL's Request to Block Sports Betting

Wilmington, DE – May 14, 2009 – Excerpts from the Delaware Supreme Court brief filed by Morris Nichols’ Corporate and Business Litigation Group partner 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... Continue Reading

Presentations & Publications

Structuring and Enforcing Rights and Preferences of Preferred Stockholders: What Recent Delaware Case Law Means for Issuers, Preferred Stockholders and Common Stockholders—How Much Can Preferred Be Preferred?

Ken Nachbar served as a program speaker at The Business Law Section of the American Bar Association (ABA) at the 2012 ABA Annual Meeting in Chicago, Aug. 3-5, 2012.  Ken’s program, “Structuring and Enforcing Rights and Preferences of...

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