Zachary R. Ingber

Zach Ingber litigates and wins high-stakes business disputes in courts and arbitral forums.  Mr. Ingber has delivered victories for clients – in headline-worthy cases and confidential resolutions – by developing cohesive case strategies then leading teams to execute.  His practice spans a wide range of industries with a focus on breach of contract claims, fraud, and transaction-related disputes under Delaware law.  Mr. Ingber also advocates for clients in high-stakes criminal defense and regulatory matters before the DOJ, SEC, and other agencies.  His clients have included leading banks and private equity firms, a major sports league, and prominent food and beverage manufacturers.

Mr. Ingber’s success is rooted in his ability to craft compelling narratives for clients and master details.  He has vast experience litigating critical motions and appeals, including arguing a motion to dismiss and other discovery issues in federal court.  He also has extensive complex discovery experience, including developing discovery strategy, briefing motions to compel discovery and quash subpoenas, and leading negotiations with opposing counsel.  Mr. Ingber has led large-scale document reviews, worked with fact and expert witnesses, conducted dozens of witness interviews, and navigated complex privilege issues.

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

• Indenture Trustee and ad hoc group of investors pursuing multijurisdictional litigation against Mexican media company related to $630 million in defaulted debt (S.D.N.Y. and S.D. Fla.)
• Manufacturing company seeking to enforce nearly $300 million foreign arbitral award in U.S. federal court (C.D. Cal.)
• 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-litigation 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)