Matt is a litigation partner and business trial attorney working in Shook’s Class Action and Appellate Litigation Practice. He focuses on class action defense and strategic commercial litigation for consumer-focused industries, such as homebuilders, consumer financial services, as well as makers of food, dietary supplements, and homeopathic remedies, among other consumer products. He also represents plaintiffs and defendants in complex commercial and intellectual property litigation.
Matt has extensive experience resolving all types of legal issues in federal and state courts, as well as in alternative dispute resolution settings. At times, his strategic litigation approach means finding the key argument that leads to early wins on summary judgment, or to the defeat of class certification, or persuading the other side that a favorable settlement is in their best interests. Other times, when necessary, it means fully trying a case successfully to verdict.
Matt has achieved peer rating in the Martindale-Hubbell directory as AV® Preeminent™, the highest rating in ethical standards and legal ability.
Representative Matters
Obtained a defense verdict as part of a three-person trial team in a six-week federal bench trial where certain California governmental entities had alleged that a German conglomerate was responsible for decades of environmental contamination under alter ego and successor liability theories.
Obtained a complete summary judgment in San Mateo Superior Court on behalf of two Chinese nationals and one U.S. Citizen in a cross-border fraudulent transfer matter alleging that defendants received millions of dollars in fraudulent transfers from the former chairman of several Chinese real estate development and construction companies.
Represented a digital learning platform in multiple class actions in California and Florida regarding alleged violation of the Florida Telephone Solicitation Act (FTSA).
Won two federal class actions alleging that leading maker of sparkling water falsely advertised its products as “natural” when they were synthetic. Both class actions resulted in dismissals with no compensation for the plaintiffs or plaintiffs’ law firms, and one plaintiff’s law firm issued a written retraction of the allegations.
Lead counsel in high-stakes, “bet the company” trade secret matter. Won summary judgment in federal court after removing the case from state court 30 days before trial.
Lead counsel in federal jury trial; obtained a plaintiff’s verdict for a financial services firm alleging nonpayment of service fees.
Part of three-person trial team who obtained a defense verdict in a complex state-court commercial trial lasting more than four months where plaintiff claimed damages in the nine figures.
Defeated 97% of plaintiff’s damage claims as part of a three-person trial team in federal jury trial alleging breach of contract to pay finder’s fee.
Obtained finding of no liability on behalf of large industrial manufacturer as part of a four-person trial team in state court bench trial lasting more than six months, where plaintiff sought a joint and several awards of damages exceeding $150 million for alleged groundwater contamination.
Won state-law class action for maker and seller of smoothie beverage product; case alleged that product labeling was misleading because product did not contain fruits pictured on the label, but only natural flavorings; case dismissed with prejudice with motion to dismiss on FDA preemption grounds pending.
Won motion to dismiss in securities fraud lawsuit after successfully asserting preemption and removing matter to federal court.
Won motion to dismiss with prejudice on “reasonable consumer” standard in case alleging that snack food product was not “natural” because it contained GMOs and alleged artificial ingredients.
Won summary judgment in class action alleging violations of Labor Code Section 2810; settled favorably after appeal.
Lead counsel in trade secrets matter involving cutting-edge semiconductor technology. Won summary judgment for defendant and then prevailed in a subsequent attorneys’ fees proceeding against the plaintiff and won a substantial award for the defendant.
Obtained walk-away settlement with no financial compensation for plaintiff in trade secrets case brought against maker of dental practice management software.
Unraveled a complex land fraud scheme on behalf of German bank leading to a large settlement from the defendants.
Favorably settled consumer class action on behalf of leading consumer product company accused of violating California consumer statutes regulating “buy one get one free” offers.
Settled putative class action on a favorable, non-class basis on behalf of game console and game manufacturer after motion to dismiss filed.
Favorably settled consumer class action on behalf of maker and seller of homeopathic products.
Favorably settled consumer class action on behalf of leading retailer of high-end cooking products.
Obtained favorable settlement for the Board of Directors of a large timeshare organization in complex derivative lawsuit.
Presentations
Presenter, Things a California Consumer Class Action Defense Lawyer Would Like to Tell You About Food Law and Especially Litigation in 2020, American Agricultural Law Association Symposium, November 2020.
Speaker, Grocery Manufacturers’ Association Conference, Palm Beach, Florida, March 2019.
Panelist, Food Science in the Law: The Changing Landscape of Food and Beverage Labeling and Safety Issues, November 2015.
Presenter, What You Need to Know About Defending Cyber-Related Class Action Litigations, January 2015.
Panelist, Preventative Medicine: Limiting Your Exposure to the Consumer Protection Lawsuit Before It Happens, A Roundtable Discussion for the Dietary Supplements Industry.
Speaker, Private Attorney General Actions Under California’s Unfair Competition Law: What Every Lawyer Should Know
Presenter, Expert Witnesses: How to Help Attorneys Get the Most Out of Your Retention, Credibility Pitfalls
Publications
Privacy Ruling Highlights Risks of Third-Party Web Tracking, Law360, November 22, 2022.
Defense of Class Action Litigation in Federal Court, Bloomberg Law, 2018 (with R. Bruce Allensworth, Andrew C. Glass, and Todd L. Nunn).
Why False Advertising Claims Need To Be More Specific, Law360, December 4, 2015.
Comcast Demands a Working Damages Model From Plaintiffs, Law360, September 14, 2015.
Construction Workers’ Suit Knocked Down, The Recorder, April 6, 2010.