Matt Neiderman
Of Counsel
Duane Morris LLP
222 Delaware Avenue, Suite 1600
Wilmington, DE 19801-1659
USA
Phone: +1 302 657 4920
Fax: +1 302 397 2543
Email: MNeiderman@duanemorris.com

Matt Neiderman is a corporate and commercial litigator in the firm's Wilmington office. 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, proceedings before the Delaware Human Relations Commission and the Delaware Insurance Commissioner.

Mr. Neiderman also tries trust disputes and employment related disputes, such as actions to enforce post-employment covenants. 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/Corporate Governance
• Complex Commercial Litigation
• Administrative Proceedings
• Employment Litigation

Representative Matters

• Represented SOC-SMG, Inc. (SMG) in securing confirmation of a $41 million award against Day & Zimmerman, Inc. and The Day & Zimmerman Group, Inc. (DZI), in connection with a joint venture between SMG and DZI to provide international security to government clients.
• Following a four-week arbitration between joint-venture partners, obtained a $35 million award and attorneys' fees in favor of client for the joint-venture partner's failure to pay a note and dividends due under the parties' agreement, together with a finding of no liability on a $59 million counterclaim against the client.
• Obtained an order dismissing clients from a suit that was pending in the U.S. District Court for the Northern District of Texas, Dallas Division, for lack of subject-matter jurisdiction after demonstrating that one client had been improperly joined by plaintiff to avoid diversity jurisdiction and that plaintiff's dispute with the other client was governed by a forum-selection clause requiring all disputes to be resolved in the state or federal courts in New Castle County, Del.
• Represents owner of private military-contracting company in arbitration with co-owner related to transactions by which the company was formed.
• Represents major movie theater chain in a race discrimination action before the Delaware Human Relations Commission.
• Represents major manufacturing and engineering firm in patent and trade secrets lawsuit over design of devices used in military aircraft.
• Represents directors of corporation in action by minority stockholder for breach of fiduciary duty related to executive compensation.
• Counsels clients on tax, audits and disputes.
• Represents technology company in lawsuit by competitor related to the design and ownership of security systems.
• Represented former directors of public company in lawsuit by minority stockholders for breaches of fiduciary duty in connection with a merger.
• Represented nonprofit research institute in dispute over payment of royalties for use of cell line in the development of a major vaccine.
• 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 in 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.
• 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.

Professional Activities

• Delaware State Bar Association

Admissions

• Delaware
• U.S. District Court for the District of Delaware
• U.S. Court of Appeals for the Third Circuit

Education

• University of Maryland School of Law, J.D., with honors, 2000
• Utah Valley State College, B.S., 1997

Experience

• Duane Morris LLP
  - Of Counsel, 2013-present
  - Partner, 2009-2013
  - Associate, 2003-2008
• Whitney & Bogris, LLP, Wilmington, Delaware
  - Associate, 2002-2003
• Morris, Nichols, Arsht & Tunnell, Wilmington, Delaware
  - Associate, 2000-2002

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, "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