Mr Ned Weinberger > Labaton Keller Sucharow LLP > Wilmington, United States > Lawyer Profile

Labaton Keller Sucharow LLP
300 DELAWARE AVENUE
SUITE 1340
WILMINGTON, DE 19801
DELAWARE
United States

Work Department

Securities Litigation
Corporate Governance and Shareholder Rights Litigation
Mergers & Acquisitions Litigation
Derivative Litigation

Position

Partner

Career

Ned Weinberger is a Partner in the Delaware office of Labaton Keller Sucharow LLP and is Chair of the Firm’s Corporate Governance and Shareholder Rights Litigation Practice.  An experienced advocate of shareholder rights, Ned focuses almost exclusively on representing investors in corporate governance and transactional matters, including shareholder class, derivative, and appraisal litigation.

Ned has been recognized by Chambers & Partners USA in the Delaware Court of Chancery noting he is “a very good case strategist and strong oral advocate” and was named Up and Coming for three consecutive years.  After being named a Future Star earlier in his career, Ned is now recognized by Benchmark Litigation as a Litigation Star and has been selected to Benchmark’s “40 & Under List.” He has also been named a Leading Lawyer by The Legal 500, whose sources remarked that he “is one of the best plaintiffs’ lawyers in Delaware,” who “commands respect and generates productive discussion where it is needed.”  The National Law Journal has also named Ned a Plaintiffs’ Trailblazer.  Lawdragon has also recognized him as one of the country’s Leading Plaintiff Financial Lawyers and Leading Litigators and The Best Lawyers in America® listed him as one of the “Best Lawyers in America” in the Litigation: Mergers and Acquisitions category. In 2022, Ned was named a Litigator of the Week by The American Lawyer for securing a $1 billion cash settlement three weeks before trial in In re Dell Technologies Inc. Class V Stockholders Litigation, C.A. No. 2018-0816-JTL (Del. Ch.).  The $1 billion recovery in Dell, which the Delaware Court of Court of Chancery described as the “first home run” in M&A shareholder litigation, currently stands as the largest shareholder settlement ever in any state court in America and the 17th largest shareholder settlement of all time in federal and state court.

Other notable recoveries where Ned served or is serving as lead or co-lead counsel include: In re Columbia Pipeline Group, Inc. Merger Litigation, C.A. No. 2018-0484-JTL (Del. Ch.) ($79 million pre-trial partial settlement; trial judgment in excess of $400 million); In re AmTrust Financial Services Inc. Stockholder Litigation, C.A. No. 2018-0396-AGB (Consol.) (Del. Ch.) ($40 million class settlement); H&N Management Group, Inc. & Aff Cos Frozen Money Purchase Plan v. Couch, et al., No. 12847 (Del. Ch.) ($35.5 million class settlement); In re HomeFed Corp. Stockholder Litigation, C.A. No. 2019-0592-AGB (Del. Ch.) ($15 million); John Makris, et al. v. Ionis Pharmaceuticals, Inc., et al., C.A. No. 2021-0681-LWW (Del. Ch.) ($12.5 million).

Ned has also served as lead or co-lead counsel in numerous matters that have helped positively shape Delaware law for the benefit of shareholders.  For example, in Olenik v. Lodzinski, 208 A.3d 704 (Del.), Ned successfully argued to the Delaware Supreme Court that where a controlling shareholder substantively engages with management before committing to so-called MFW conditions, the transaction should not be subject to business judgment deference.

Memberships

Ned is a Member of the Advisory Board of the Institute for Law and Economic Policy (ILEP), a research and educational foundation dedicated to enhancing investor and consumer access to the civil justice system.  Ned also serves on the Board of Directors of the Jewish Federation of Delaware.

Education

Louis D. Brandeis School of Law at the University of Louisville
J.D., 2008

Miami University
B.A., cum laude, 2005

Lawyer Rankings

United States > Dispute resolution > M&A litigation: plaintiff

(Leading lawyers)

Ned WeinbergerLabaton Keller Sucharow LLP

Labaton Keller Sucharow LLP‘s Delaware office is home to ‘a first-rate stockholder litigation practice‘ and clients note that the lawyers led by the highly esteemed Ned Weinbergeridentify good cases, discover the facts, and know the law as well as anyone on either side of the stockholder litigation bar‘. Weinberger, up-and-coming partner Mark Richardson, and newly promoted Brendan Sullivan are ‘extremely hardworking and knowledgeable, have good judgement and are tremendous oral advocates‘. All three, along with Michael Wagner recently served as co-lead counsel in a consolidated class action brought by investors in Sears Hometown and Outlet Stores challenging the take-private of the company by controlling stockholders, principally Edward S. Lampert. The firm’s most recent flagship result for was the award of a $1bn as settlement from Dell in a class action arising from a $23.9bn transaction involving the conversion of Dell Class V Common Stock. Led by Weinberger, plaintiffs alleged that Dell’s controlling stockholders– Michael Dell and Silver Lake Group – breached their fiduciary duties and expropriated billions of dollars in value from Class V stockholders.