Matthew E. Fischer

Biography

Matt Fischer is a partner at Potter Anderson, and primarily practices in the areas of corporate, commercial and alternative entities litigation; he also advises directors regarding M&A related litigation, internal investigations, shareholder derivative suits and class actions. He typically defends boards, companies and directors in Court of Chancery litigation, and has represented some of the largest and most prominent companies and individuals in the country.

In addition, he has represented corporations and/or directors in takeover disputes, corporate injunctive proceedings, appraisal actions, advancement / indemnification suits, and litigation arising under various sections of the Delaware General Corporation Law. He also advises boards and directors regarding corporate law and governance issues, as well as conducting internal investigations for boards or board committees.

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An aggressive, thoughtful trial lawyer, Matt is skilled at assembling teams, working in concert with co-counsel, and developing and pursuing a well-articulated strategy for defending or prosecuting cases. He’s a builder of consensus and creator of alignment, which results in high-performance legal teams executing efficiently.

With over twenty years of experience trying cases in Delaware courts, he is well-known and respected by both judges and other members of the bar. This credibility and reputation are a significant tactical asset for his clients. He is often able to maximize his clients’ chances for success by tailoring his arguments to each judge’s unique perspectives and practices. This is bulwarked by his dual-track approach of developing a trial and presentation strategy for every case – he believes no litigator can fully position a case for success unless they are fully and genuinely prepared to try it.

Delaware’s Court of Chancery is a unique forum, in which Matt litigates both with and without co-counsel. In major litigation – true bet-the-company cases – he works effectively and efficiently with co-counsel to drive best outcomes, often taking on aspects of the cases most tied to Delaware corporate and commercial law issues and practices. Due to his skill and experience in this role, he often has longstanding relationships with his co-counsel, working with them on numerous cases for years.

In this role, he often serves as a procedural advisor and guide as well. He will advise co-counsel on what’s going to happen in a case, what they should anticipate, how the process will unfold, and so on. This can include guidance on communicating with the Court – sharing with them the importance of civility, or the specific preferences of a court, judge, or chancellor.

Whatever the case or engagement, Matt makes it his highest priority, and has done so for twenty plus years. For that reason, he’s the trial attorney of choice in the Court of Chancery for many of the country’s biggest, most prominent attorneys, clients and corporations.

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Practice Areas