Matt Neiderman

Matt Neiderman

Matt Neiderman is a corporate and commercial litigator. Mr. Neiderman's areas of practice include disputes relating to corporate mergers and acquisitions, defense of stockholder class and derivative actions, and statutory actions relating to the governance and valuation of Delaware corporations. He advises boards of directors and their committees in all aspects of Delaware corporation law and has experience handling actions involving the interpretation of corporate charters and bylaws; actions by executives for advancement/indemnification; appraisal actions and stockholder requests for books and records. Mr. Neiderman also tries complex commercial lawsuits, including product liability lawsuits, multi-district litigations, commercial contracts, acquisitions, dealer and franchise termination and relations and executive compensation matters. He has extensive experience representing companies and their officers and employees in administrative proceedings in Delaware, including in discrimination actions before the Delaware Human Relations Commission.

Mr. Neiderman serves as local Delaware counsel in large patent and products liability lawsuits. He routinely appears before Delaware's preeminent business court, the Court of Chancery, as well as the Superior Court, the United States District Court for the District of Delaware and the United States Court of Appeals for the Third Circuit.

Mr. Neiderman has handled a number of pro bono matters seeking the return of abducted children to their places of habitual residence under the Hague Convention on the Civil Aspects of International Child Abduction.

The listing of areas of practice in the foregoing profile does not represent official certification as a specialist in those areas.

Areas of Practice

· Corporate Litigation

· Complex Commercial Litigation

· Commercial Litigation

Representative Matters

· Represents former directors of public company in lawsuit by minority stockholders for breaches of fiduciary duty in connection with a merger.

· Represents not-for-profit research institute in lawsuit for breach of patent licensing agreement.

· Represents several Fortune 500 companies as Delaware counsel in various patent and patent-related lawsuits.

· Represented former special committee board members in lawsuit by former stockholders for breaches of fiduciary duty on connection with a cash-out merger.

· Represented investment banker in dispute over breakup of a merger involving two large chemical companies.

· Represented former stockholders of home warranty company in dispute over proceeds of sale of the company.

· Represented international oil company in lawsuits by former franchisees for termination of franchises.

· Represented large pharmaceutical distributor in lawsuit by former stockholders of subsidiary seeking additional consideration under merger agreement.

· Represents a not-for-profit research institute in dispute over payment of royalties for use of cell line in the development of a major vaccine.

· Represented institutional stockholders in lawsuit seeking books and records of public company to investigate suspected managerial wrongdoing.

· Represented manufacturers of latex medical supplies and equipment in multi-district product liability litigation.

· Represented major jewelry retailer in employment lawsuit by former executive.

· Represents major movie theater chain in a race discrimination action before the Delaware Human Relations Commission.

Professional Activities

· Delaware State Bar Association

Experience

· Whitney & Bogris, LLP, Wilmington, Delaware
- Associate, 2002-2003

· Morris, Nichols, Arsht & Tunnell, Wilmington, Delaware
- Associate, 2000-2002

· Duane Morris LLP
- Partner, 2009-present
- Associate, 2003-2008

Selected Publications

· Co-author, "'Good Faith' And The Ability Of Directors To Assert Section 102(b)(7) Of The Delaware General Corporation Law As A Defense To Claims Alleging Abdication, Lack Of Oversight, And Similar Breaches Of Fiduciary Duty," The Delaware Journal of Corporate Law, Vol. 29, 2004, republished in Bank and Corporate Governance Law Reporter, Vol. 34 , April 2005

· Co-author, "Avoiding Personal Liability As A Director," Directors & Boards Special Report, 2004

· Co-author, "Delaware Court of Chancery Revisits Directors' Duty of Good Faith and Obligation to Maximize Sale Value," Duane Morris Alert, August 27, 2008

· Co-author, "Vouching In Under The U.C.C.: Its History, Modern Use And Questions About Its Continued Viability," The Journal of Law and Commerce, Vol. 23 , Fall 2003

· Co-Author, Chapter Nine: "Individual Rights," Delaware Supreme Court Golden Anniversary, 2001