Throughout his more than 20 years of practice, Matt has earned a reputation as a tenacious and experienced trial lawyer singularly focused on helping his clients meet or exceed their litigation objectives. Along with his common sense approach to business litigation, Matt has a unique ability to boil down even the most complicated commercial disputes into their most critical and understandable subparts; this, in turn, has helped him achieve highly favorable results for his clients before courts, arbitration panels and mediators throughout the United States and Canada.
Matters of Note
Although Matt’s litigation practice encompasses a variety of substantive legal areas, he has extensive experience representing businesses in lawsuits, arbitrations and class actions arising from complex financial transactions involving claims such as breach of contract, securities issues, commercial fraud and civil RICO, intellectual property (including patent, trademark and copyright infringement) and antitrust.
Representative matters include:
- Represented a putative class of insurance companies in a federal class action involving allegations of decades-long financial reporting fraud by a leading market insurer on other insurers participating in workers' compensation state residual markets.
- Obtained summary judgment and an extremely favorable settlement for a hedge fund in connection with a breach of contract action against leading variable annuity company that had attempted to restrict the client's trading rights.
- Successfully defended a real estate company in antitrust class action involving allegations of bid rigging in connection with the Cook County Property Tax Sale, ultimately obtaining a favorable settlement.
- Won important stay of litigation and change of venue rulings for an East Coast commercial real estate developer engaged in a project-financing dispute with its lender, preventing the lender from suing on multiple contract warranties and providing critical time necessary for the developer to secure alternative financing to complete the project on time.
- Successfully represented a technology services company, including obtaining a favorable verdict after multiple-week jury trial, in a breach of contract action against a large defense contractor arising from nonpayment for work developing a computerized manufacturing system used to build the B-2 stealth bomber, as well as in a related shareholders' class action in which the plaintiffs alleged false and misleading statements regarding revenue recognition for the project.
- Represented a steel manufacturer, including winning an infringement verdict after an extended jury trial, in action alleging infringement of a patented steel-making process.
- Represented a large public utility against an international power systems provider in a breach of contract and fraud action involving premature degradation of steam generator components in nuclear power plants.
Representative matters include:
- Obtained a favorable ruling in the Seventh Circuit Court of Appeals reversing the trial court in a case involving a claim for coverage by a purported "additional insured." Kmart Corp. v. Footstar, Inc., 777 F.3d 923 (7th Cir. 2015).
- Represented an insurer in a leading New York class action, bench trial and successful appeal rejecting claims by the defendant class of entitlement to un-aggregated "non-products" coverage for asbestos bodily injury.
- Represented an insurance company in a two-month California bench trial resulting in a judgment completely disproving the plaintiff policyholder’s allegations that the client had issued multiple insurance contracts in the 1940s covering the plaintiff’s asbestos liabilities.
- Successfully defended an insurance company in a three-month federal jury trial concerning the responsibility for environmental clean-up and remediation costs at dozens of Superfund sites before reaching a comprehensive settlement with the policyholder on favorable terms on the eve of closing arguments.
- Obtained a highly favorable settlement for an insurer in Washington coverage litigation involving potential coverage for clergy abuse claims and the associated bankruptcy of the insured diocese.
Cyber Insurance and Data Breach Coverage, Shook, Hardy & Bacon Third Annual Ethics Conference, April 19, 2016.
Status of Telephone Consumer Protection Act Cases and Related Insurance Issues, LSI Litigating Class Actions Conference, December 9, 2013.
Retaining and Preparing an Expert Witness, CLE Seminar, June 8, 2012.
Strategies for Preparing Focused Written Discovery, CLE Seminar, April 17, 2009 and May 9, 2011.
The Attorney-Client Privilege and Work Product Doctrine, CLE Seminar, May 31, 2010.
Getting in Front of a Changing E-Discovery Rules Landscape, CLE Seminar, November 16, 2005.