Matt has experience in both commercial litigation and insurance coverage disputes, representing both plaintiffs and defendants. He has litigated numerous matters to conclusion, both by dispositive motions and through trial or arbitration. Matt’s commercial litigation work includes representing clients in a variety of industries, including the medical, food and beverage, and e-commerce fields, while his insurance work includes representing and counseling leading insurers on coverage issues. He prioritizes effective communication with his clients to ensure he is helping them efficiently accomplish their goals.
Matt also has substantial experience conducting and managing all facets of discovery, including electronic data collection, preservation and production; taking and defending depositions; and successfully arguing discovery motions. He has represented companies in response to third-party and governmental investigations and subpoenas, including by the Department of Justice, the Securities and Exchange Commission and the Consumer Products Safety Commission.
Commercial Litigation. Matt’s commercial work spans a large range of claims, including breach of contract, breach of fiduciary duty, intellectual property, post-closing and loan disputes. He has represented clients in litigation as well as alternative dispute resolution, including arbitration. Matt’s experience includes:
- Currently representing, as plaintiff, an association of independent physicians suing a large hospital system for breach of contract and other claims allegedly totaling tens of millions of dollars.
- Defending pet-food manufacturers in putative consumer class actions involving allegations of false labeling.
- First-chairing an arbitration resulting in a multimillion-dollar award to firm client Groupon. Matt has also represented Groupon in numerous other matters involving breach of contract and intellectual property issues.
- Representing public and private companies in numerous post-closing disputes. Many of those disputes were favorably resolved prior to or early in litigation. Matt also recently represented a Fortune 500 company in a post-closing dispute that proceeded to a two-week arbitration hearing before settling.
- Successfully arguing several dispositive motions in a multimillion-dollar loan dispute, eventually resulting in a favorable resolution for Matt’s client.
- Successfully defending the trustee of a $35-million trust against breach of contract and breach of fiduciary duty claims alleged by one beneficiary of the trust. In that case, Matt obtained dismissal of the plaintiff’s most valuable claims, after which the case was favorably resolved through alternative dispute resolution.
- Serving as pro bono counsel to the Chicago nonprofit Housing Choice Partners in two cases alleging racial discrimination in the lease of downtown office space. After Matt’s client defeated multiple motions for summary judgment by the defendants, the cases were resolved.
Insurance Coverage. Matt has represented several major insurers in litigation disputing coverage issues for mass tort, product liability and other claims. He has also counseled insurers on a variety of issues and advised policyholders on their coverage needs. Matt’s insurance experience includes:
- Currently representing a major insurer in coverage litigation featuring several issues of first impression relating to the “personal and advertising injury” coverage and the known loss doctrine.
- Representing Liberty Mutual in a successful appeal to the Seventh Circuit Court of Appeals involving additional insured coverage and allegations of bad faith. Kmart Corp. v. Footstar, Inc., 777 F.3d 923 (7th Cir. 2015).
- Representing Liberty Mutual in multi-venue litigation involving insurance coverage for liability relating to the consumption of alcohol beverage “Four Loko.” After Liberty Mutual successfully defended an appeal to the Seventh Circuit Court of Appeals by Four Loko’s manufacturers and moved to enjoin further litigation, the case was favorably resolved.
- Representing several major insurers in cases involving coverage for mass torts, as well as related bankruptcy issues and contribution claims.
- Providing coverage advice on numerous issues, including additional insured issues; commercial general liability, directors and officers, and errors and omissions coverage; and specialty lines coverage for data breach liability. In addition to the cases above, Matt has litigated many coverage cases relating to those issues.
- Representing policyholders, helping manage their coverage needs and reporting obligations. In addition to representing several other large Chicago companies, Matt currently represents a prominent Chicago-area nonprofit in litigation against the nonprofit’s insurance broker seeking $25 million in damages caused by the broker’s alleged failure to procure an adequate directors and officers liability policy.
Publications and Presentations
Data Security: Insurance & Litigation, Midwest Corporate Counsel & Compliance Forum, November 16, 2016.
Does the First Amendment Protect Testimony by Public Employees?, 77 U. Chi. L. Rev. 1473 (2010).