Zachary R. Ingber

Zach Ingber is a versatile litigator who represents clients at both the trial and appellate stages in federal courts, state courts, and arbitral tribunals. His practice focuses on complex commercial disputes across a wide range of industries, with a particular focus on breach of contract claims, shareholder disputes, M&A litigation, fraud claims, and issues of statutory interpretation. Mr. Ingber also guides clients through high-stakes criminal defense and regulatory matters before the Department of Justice, Securities and Exchange Commission, Office of Comptroller of the Currency, Federal Reserve Board, Office of Foreign Assets Control, and others.

Mr. Ingber has briefed numerous dispositive motions, appeals, discovery disputes, and privilege disputes.  He has also led plea negotiations and argued a motion to dismiss in a criminal case in federal court. Mr. Ingber also advises clients during the pre-litigation stage, including by conducting witness interviews, briefing internal legal and business stakeholders, and crafting strategy for subsequent litigation.

Before joining MoloLamken, Mr. Ingber was an associate at Sullivan & Cromwell LLP. He also served as a law clerk to the Honorable Bruce M. Selya of the United States Court of Appeals for the First Circuit and the Honorable Timothy J. Kelly of the United States District Court for the District of Columbia. 

Representative Matters

Civil Litigation and Arbitration

• International dairy company in ERISA dispute with multi-billion dollar pension fund (D. Del. and 3d Cir.)
• Private equity company and controlling shareholder in M&A dispute with minority shareholders of portfolio company, obtaining full dismissal of all claims (Del. Chancery)
• Major sports/entertainment entity in media license dispute (JAMS Arbitration)
• Asset manager and real estate public policy think tank in litigation concerning Internal Revenue Code exception to self-employment tax for limited partners, including filing amicus curiae briefs in the First, Second, and Fifth Circuits
• CEO related to fraud claims brought by investors (Del. Chancery)
• Technology company in putative securities class action under the Exchange Act of 1934 and Rule 10b-5, obtaining full dismissal of all claims (E.D. Pa.)
• Global investment bank related to dispute with partner in real estate joint venture, leading to favorable out-of-court resolution
• Leading trade association related to viability of challenges under the dormant Commerce Clause following the Supreme Court’s decision in National Pork Producers Council Ross, 598 U.S. 356 (2023)
• Prominent yacht club in dispute related to professional sailing competition
• Non-profit academic institute in dispute with major hotel chain, resulting in favorable pre-litigaiton resolution

White Collar Defense and Investigations

• Leading global financial institution in connection with DOJ investigation and prudential regulator inquiries concerning Bank Secrecy Act, anti-money laundering, and sanctions compliance
• Individual defendant charged with conspiracy and mail fraud, including plea negotiations, privilege and discovery disputes, and motions to dismiss
• Cryptocurrency/NFT company in SEC investigation, including submitting response to Wells Notice
• Major insurance company related to potential criminal antitrust violations and self-disclosure to regulators
• Private equity company in SEC investigation related to stock offering by portfolio company

Publications

• New York University Annual Institute on Federal Taxation, Volume 83 (2025), Chapter 5: Recent Case Law and its Implications for Corporate Tax Planning and Challenging Regulatory Action:  Liberty Global, Loper Bright, and Varian (with Isaac Wheeler and Jameson Lloyd)

News & Appearances

• Panel: Recent Case Law and its Implications for Corporate Tax Planning and Challenging Regulatory Action:  Liberty Global, Loper Bright, and Varian, New York University School of Professional Studies 83^rd Institute on Federal Taxation (November 2024, San Diego)