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.
Experience
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
Qualifications
Bar Qualification
New York
Education
JD, University of Virginia, 2012
BA, University of Virginia, 2009 Highest Distinction
Two Latham teams were recognized for getting a summary judgment win for multinational telecom company Telefónica in a busted deal suit involving the client’s operations in Costa Rica, and for securing an important early win for OpenAI in a proposed copyright class action brought by Sarah Silverman and other authors.
Despite a downward trend in securities case filings over the past three years, Latham & Watkins LLP has remained one of the most active law firms on the defense side, taking over the top spot from Skadden Arps Slate Meagher & Flom LLP, according to reports released by Lex Machina.
Latham & Watkins secured a win on behalf of telecommunications client Telefónica involving the client’s operations in Costa Rica, after a judge ruled that defendants improperly failed to close a merger worth more than US$500 million.
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