Garrett B. Moritz

Garrett B. Moritz is a corporate and commercial litigator experienced in business litigation in the Delaware Court of Chancery and other Delaware courts, including litigation regarding M&A transactions, contests for corporate control, allegations of breach of fiduciary duty against directors and officers, and alternative entity disputes.

Chambers USA has recognized Garrett as a leading Court of Chancery practitioner, including Garrett in its top "Band 1" ranking.   According to Chambers, Garrett has been described as "superb," "a first-rate, smart, strategic and practical lawyer" who is "deeply knowledgeable in Delaware law practice," a "powerful intellect who is first-rate at issue-spotting and developing arguments," "creative in a way I've not seen frequently," and as "an enormously talented lawyer" with "a very incisive and persuasive style" and "tremendous business judgment" who gives "advice I know I can rely on and I also know that the judges will listen to him."  Garrett has also been named in Benchmark Litigation and The Legal 500.

Garrett has represented clients in some of the most high-profile Delaware cases in recent years, including Corwin v. KKR Financial Holdings, In re Tesla Motors, Inc. Stockholder Litigation, McDonald's Corp. v. Easterbrook, In re CBS, In re Facebook, Inc. Class C Reclassification Litigation, and Chicago Bridge & Iron.  Garrett has also represented founders in disputes with their financing sources; advised board committees tasked with evaluating stockholder litigation demands; and handled cases involving preferred stock, indenture provisions and allegations of creditor fiduciary duties, hybrid instruments such as trust preferred securities, and Delaware statutory trusts.  

Garrett also maintains an active pro bono practice.  In Matthews v. State, No. 24, 2023 (Del. 2024), the Delaware Supreme Court sua sponte appointed Garrett as amicus curiae to submit briefing and argue in support of the appellant's ineffective assistance of counsel argument, resulting in reversal of appellant's murder conviction.  In connection with the Co-Counsel Project, Garrett successfully argued the appeal to the Delaware Supreme Court in Cannon v. State, No. 254, 2017 (Del. 2018), obtaining reversal of respondent's delinquency adjudication for criminally negligent homicide.  Garrett also filed an amicus curiae brief in the Delaware Supreme Court on behalf of the American Civil Liberties Union Foundation of Delaware urging affirmance in Delaware Valley Field Services v. Ramirez, No. 556,2012 (Del. 2013), which the Court affirmed. In addition, Garrett serves on the District of Delaware Federal Civil Panel, a panel appointed by the Court to provide pro bono representation in meritorious civil cases. 

Garrett has guest lectured on topics in Delaware corporate litigation at Columbia University Law School, Georgetown Law Center, Harvard Law School, and the University of Chicago Law School.

Before becoming a founding partner of Ross Aronstam & Moritz, Garrett was an attorney at Wachtell, Lipton, Rosen & Katz in New York.  Garrett began his legal career as a law clerk for the Honorable Robert D. Sack of the U.S. Court of Appeals for the Second Circuit. 

Chambers USA, America's Leading Lawyers for Business, "Band 1" Court of Chancery Litigator

Benchmark Litigation, Local Litigation Star  

Education

Harvard Law School, J.D., magna cum laude, 2003

• Harvard Law Review, Managing Editor

Harvard College, A.B., summa cum laude in History, 2000

Professional Experience

• Wachtell, Lipton, Rosen & Katz, Associate, 2004-2011
• The Hon. Robert D. Sack, U.S. Court of Appeals for the Second Circuit, Judicial Law Clerk, 2003-2004

Admissions

• Delaware, 2011
• New York, 2004
• United States District Court for the District of Delaware, 2012
• United States District Court for the Southern District of New York, 2007
• United States District Court for the Eastern District of New York, 2009
• United States District Court for the Eastern District of Wisconsin, 2007
• United States Court of Appeals for the Second Circuit, 2008
• United States Court of Appeals for the Third Circuit, 2017
• Supreme Court of the United States, 2024

Professional Affiliations

• Delaware State Bar Association
• American Bar Association
• Federal Bar Association
• Richard S. Rodney Inn of Court