Matthew practices in the areas of complex commercial litigation, intellectual property litigation, securities litigation, real estate and real estate tax litigation, and unfair competition law. He is a seasoned trial lawyer with substantial experience before numerous state and federal courts, administrative agencies, and domestic and international arbitration tribunals. His practice also includes general counseling on litigation risk management and alternative dispute resolution options and agreements. Matthew represents both plaintiffs and defendants in litigation, and over his career, he has obtained nearly $200 million in final judgments and arbitral awards on behalf of his plaintiff clients.
Matthew has assisted clients with a range of matters, including cases involving contract disputes, false advertising, corporate securities, business torts, tax, real estate, intellectual property, unfair competition, antitrust, and class actions. Some representative matters include:
- Lead defense counsel for the world’s largest mattress company in a Lanham Act false advertising, trademark, and unfair competition suit. (Select Comfort Corporation v. Tempur Sealy International, Inc., et al., D. Minn. No. 13-cv-02451)
- Won $69 million summary judgment on behalf of plaintiff patent pool that licenses consumer electronics technology in suit against two Chinese corporations and their individual owners who engaged in fraud, trademark infringement, counterfeiting, and breach of license agreement. The judgment included treble damages, interest, and attorney's fees. (SD-3C, LLC v. Biwin Technology Ltd., et al., N.D. Cal. No. CV-12-00407)
- Lead counsel for claimant defense contractor in an arbitration proceeding regarding Afghan tax liabilities; won $2.3 million arbitral award.
- Trial counsel for third-party defendant in breach of fiduciary duty, misappropriation, and breach of contract case; won $103.9 million jury verdict on counterclaim and defense verdict on claims asserted against client following a three week trial. Verdict Search ranked the verdict among the largest jury awards in the United States in 2004. (Raymond Schettino, et al. v. Nader Modanlo, et al. (Defendants/Third–Party Plaintiffs) v. Michael Ahan (Third–Party Defendant), Montgomery County, Circuit Court (Maryland) Case No. 220156)
- Counsel for claimant software services provider in a proceeding before the International Chamber of Commerce’s International Court of Arbitration involving breach of a software license agreement by a Chinese joint venture company; won a multimillion dollar award, including attorneys’ fees and costs.
- Counsel for a group of bondholders in a fraud and breach of contract suit concerning a contested $110 million debt for equity swap of subprime mortgage backed securities. (Delta Funding Residual Exchange Company, LLC, et al. v. Delta Financial Corp., et al., NY Sup. Ct. Index No. 003084/2004)
- Defense counsel for health care company in a shareholder class action lawsuit brought to enjoin the client’s acquisition in an announced tender offer; acquisition was consummated on time and the plaintiffs’ claims were abandoned with no payment or settlement. (Myskowski, et al. v. Dialysis Corp. of America, Anne Arundel County Circuit Court (Maryland), Case No. C-10-151672)
- Trial counsel to a large regional commercial and retail bank in a multi-million dollar lease dispute. (GTOWN 1, LLC v. Commerce Bank, N.A., (D.C. Superior Court No. 05-6164)
- Defense counsel for a major producer and supplier of specialty ferroalloys in consolidated federal antitrust suits challenging alleged attempts to manipulate US import duties; matter resolved favorably for client. (CBCC, et al. v. AIMCOR, et al., D.D.C. Civ. No. 01-00646/01-2878)
- Represent various hotel, hospital, and nursing home property owners in real property tax assessment appeals against District of Columbia.
- Litigation counsel for a large pet food manufacturer in Lanham Act false advertising and unfair competition litigation. (Kal Kan Foods, Inc. v. Iams Co., S.D. Ohio Case No. C–3–01–83)
Professional and Pro Bono Activities
Matthew is a member of the Board of Directors of the Council for Court Excellence, a non-profit organization dedicated to improving the administration of justice and fostering public education of the judicial system. Matthew works with the Washington Lawyers’ Committee for Civil Rights and Urban Affairs, DC Public Schools, and other Arent Fox colleagues to organize and promote geographic literacy and an annual geography tournament for elementary school students in the District. Matthew also volunteers with the Legal Aid Society of the District of Columbia.
Publications, Presentations & Recognitions
Matthew is the co-author of “Regulating Biotechnology: Science, Ethics, Law and Governance Meet Head on in the Age of Informed Ignorance,” published in the Temple Environmental Law and Technology Journal in Spring 2003.
Life Beyond the Law
In his spare time, Matt enjoys reading contemporary literature and collecting South African wine and art. Matthew appreciates any opportunity to travel to Southern Africa with his wife and two daughters.
Bar & Court Admissions
- District of Columbia Bar
- Massachusetts Bar
- US Court of Appeals, District of Columbia
- US Court of Appeals, 1st Circuit
- US Court of Appeals, 11th Circuit
- US District Court, District of Columbia
Boston College Law SchoolJD2000Princeton UniversityABcum laude1997