Zach Rowen represents clients in M&A-related litigation, securities litigation, corporate governance, and other complex commercial litigation. 

Mr. Rowen represents financial institutions, corporations, boards of directors, and individuals in high-profile matters, including:

  • Shareholder derivative litigation
  • Merger and takeover disputes
  • Securities class action suits
  • Professional liability litigation

Mr. Rowen draws on extensive experience in state and federal courts, particularly the Delaware Court of Chancery and the Delaware Supreme Court, and has achieved victories both at trial and on appeal. 

Given his familiarity litigating disputes arising from M&A transactions, Mr. Rowen often provides pre-litigation counsel to clients on the risks of business decisions, including SPAC and de-SPAC transactions. He also has previous transactional experience, allowing him to bring a keen understanding of the full life cycle of a transaction and the subsequent litigation risks.

Mr. Rowen clerked for Judge J. Gerald Pappert of the United States District Court for the Eastern District of Pennsylvania. He also interned for then-Chief Justice Myron T. Steele of the Delaware Supreme Court and Vice Chancellor J. Travis Laster of the Delaware Court of Chancery.

Mr. Rowen has achieved successful outcomes, either through outright dismissals or favorable settlements, for the following representative matters:

  • An asset management firm in a breach of contract suit; successfully obtained summary judgment with an award of damages exceeding US$21 million; successfully obtained dismissal of all counterclaims at summary judgment
  • A financial services firm and certain of its officers and directors in claims for breach of fiduciary duty, breach of contract, and fraudulent conveyance; ultimately obtained favorable pre-trial settlement
  • A special committee in a suit in the Delaware Chancery Court brought by the company’s former CEO, who sought relief pursuant to DE Section 225; at trial, successfully defended claims, and ultimately obtained favorable post-trial monetary settlement from plaintiff
  • A syndicate of financial institutions who served as underwriters for the IPO of a major data analytics company, in federal class action for alleged violations of securities laws; prevailed on motion to dismiss
  • Ligand Pharmaceuticals in the Delaware Court of Chancery, and then at the Delaware Supreme Court, in a US$4 billion suit brought by convertible noteholders that raised issues of first impression

Mr. Rowen’s other representative matters, which remain ongoing, include:

  • An individual who served on the Eastman Kodak Company board of directors in parallel class actions for securities fraud and breaches of fiduciary duty related to certain actions taken in his role as director
  • The board of directors of a formerly publicly-traded company in a derivative lawsuit alleging breach of fiduciary duties and deepening insolvency
  • Morgan Stanley in connection with its role as financial adviser to the Viacom special committee in connection with the CBS/Viacom merger
  • A major telecom company in prosecuting claims against a counterparty for improperly refusing to close on a transaction worth over half a billion dollars
  • Viking Global Investors and a portfolio company in connection with a lawsuit arising out of the portfolio company’s asset acquisition from a seller, who has brought a variety of claims in tort and contract

Bar Qualification

  • New York

Education

  • JD, University of Virginia, 2012
  • BA, University of Virginia, 2009

Languages Spoken

  • English