Litigates broad spectrum of commercial disputes across range of industries—past examples include disputes involving force majeure assertions, indemnification obligations, creditor rights, challenges to pricing and other contractual provisions, and rights under long-term supply agreements when prices of raw materials fluctuate or when natural disasters arise.
Presently serves as outside general counsel for construction, energy, technology, and manufacturing clients.
Won summary judgment in West Virginia state court for international bank group to protect $180 million investment in coal facility; ensured plant remained operational across 5-year period of case.
Resolved dispute between forest owner and surface owner involving ownership of right to enroll 250,000-plus acres of trees in Appalachia in California carbon sequestration program.
Crisis Management & Internal Investigations
Core member of team representing international drilling contractor involved in the 2010 Gulf of Mexico Oil Spill; joined team within a week of Deepwater Horizon sinking and spent most of next 3.5 years representing company in government investigations and the ensuing multi-district litigation that culminated in a three-month trial in 2013. Key responsibilities included preparing the company’s witnesses for deposition and trial, and building the team’s constantly evolving understanding of the facts while coordinating strategic communications for press inquiries and competing investigations from Congress, the U.S. Department of Justice, a Presidential-appointed investigatory commission, the Chemical Safety Board, and a joint investigation by the U.S. Coast Guard/Minerals Management Service.
Navigated cyberattack breach response and workplace operational incident investigations for multiple organizations, including ensuing litigation.
Regularly leads internal investigations following incidents or whistleblower complaints and advises on protection of legal privilege. For example, in 2019, led U.S. component of global investigation into injury reporting for Fortune Global 100 organization, coordinated 60 near-simultaneous interviews in multiple manufacturing facilities and mitigated company’s risk.
Employment Advice & Workplace Disputes
Regularly guides organizations through worker-related disputes, investigates worker complaints, consults on employment agreements and separations, and has defended more than 40 cases alleging employment discrimination, hostile work environments, or improper worker classification.
Counseled Fortune 100 company for 13+ years on mitigating risk in independent contractor relationships, strengthened operational business model by performing top-down audits of different business units, and defended company in regulatory actions in nearly all 50 states.
Represented insurance companies or employers in 60-plus employee benefit cases in federal and state cases.
Won summary judgment for D.C. sports agency against former marketing director's claims for unpaid wages related to allegedly due commissions in D.C. Superior Court in 2024.
Class Action Defense
Matt presently leads a healthcare insurer’s defense of putative class action lawsuits arising from 2014 and 2021 cyberattacks. Of the three cases that ensued from the 2014 attack, Matt achieved dismissal of two for lack of constitutional standing and has twice argued the remaining case to the U.S. Court of Appeals for the D.C. Circuit.
Defended concurrent consumer class actions against loan servicing company in four states that involved coordinating all aspects of discovery including a 9-month document review and approximately 30 depositions.
Resolved consumer class action based on alleged FCRA claim against software provider to consumer reporting agencies in the U.S. Eastern District of Virginia in the summer of 2024.
Commercial Contracting & Litigation Consulting
During pandemic, directed team focused on resolving clients’ COVID-related supply chain disruptions and created comprehensive guide that cites to more than 1,000 cases and examines when contractual performance may be excused under the law of each state, including for force majeure and common-law reasons.
Frequently advise deal teams on litigation risks for potential claims, prepare contractual provisions to minimize litigation risk, and resolve post-closing indemnity disputes; and provide independent litigation assessments for cases handled by other firms.
Coordinate contract creation and negotiation for energy start-up company with approximately 20-25 oil and gas companies.
Product & Safety Compliance
Advised companies related to claims of defective products or product liability lawsuits involving wide range of products, from turbomachinery, engines, batteries, clothing, contact lenses, personal hygiene products, and toy cars.
Respond to near-daily inquiries related to OSHA and ADA compliance.
Advise non-U.S. clients on U.S. health and safety requirements in the workplace, including projects that include specific tailored advice for each office or facility in multiple U.S. jurisdictions. During the pandemic, a day would not pass without receiving a question that started, “Are we allowed to ___?”
Pro Bono Work
Counsel of record on amicus brief to U.S. Supreme Court for Lawyers’ Committee for Civil Rights in Edwards v. Vannoy, advocating for the Court to retroactively apply the holding in Ramos v. Louisiana, which held State non-unanimous jury verdicts in felony cases to be unconstitutional.
Won grant of asylum for elderly Cameroonian refugee in disputed case with U.S. Department of Homeland Security that required more than 500 hours of work in a two-year period.
Currently representing family of deceased homeowner in Northeast D.C. in nuisance action against neighboring property owner that is attempting to construct a multi-story condo building for compensation of construction's unintended consequences.
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