Matthew is a member of the firm’s securities litigation practice with a focus on disputes and investigations relating to financial reporting and corporate governance matters. He represents public companies, executives, accounting firms and others in a wide variety of litigation matters, SEC investigations and enforcement actions, private securities fraud suits, and other complex commercial litigation. He has also conducted numerous internal investigations concerning allegations of accounting fraud, alleged breaches of fiduciary duties, violations of the Foreign Corrupt Practices Act and other alleged regulatory compliance failures. Matthew frequently advises companies regarding internal controls and corporate governance best practices, and he serves as the Public Member of the Virginia Board of Accountancy. Matthew was named to the 2014 class of “Leaders in the Law” by Virginia Lawyers Media, the publisher of Virginia Lawyers Weekly.
Matthew also has an active pro bono practice representing individuals wrongfully convicted of serious crimes. He has represented two successful habeas corpus petitioners in overturning wrongful murder convictions in New York and Virginia, respectively. See Garcia v. Portuondo, 459 F. Supp. 2d 267 (S.D.N.Y. 2006); Hash v. Johnson, 845 F. Supp. 2d 711 (W.D. Va. 2012). For his pro bono efforts on behalf of the wrongfully convicted, Matthew received the 2012 Mid-Atlantic Innocence Project “Defender of Innocence” Award and was named to the National Law Journal’s 2013 “Pro Bono Hot List.”
- Confidential RMBS Working Group Investigation (2011-2012): Represented issuer of subprime RMBS in government investigation relating to disclosures in RMBS offering materials. Matter terminated after two years of investigation.
- Confidential SEC Investigation (2007-2011): Represented subprime RMBS investor in connection with SEC investigation relating to the investor’s valuation of certain securities and disclosures relating to those valuations. After more than three years of investigation, SEC terminated the investigation.
- Internal Investigation (2007-2011): Conducted internal investigation on behalf of special litigation committee of Fortune 50 financial services company relating to derivative suits alleging, among other things, breaches of fiduciary duties after company suffered significant losses.
- Securities Class Action (E.D. Wis. 2012): Successfully moved to dismiss securities class action against executives of issuer of subprime securities. Suit alleged fraud relating to issuer’s disclosures about its liquidity during the financial crisis. Dismissal affirmed by the court of appeals.
- Securities Class Action (S.D.N.Y. 2011): Represented issuer of asset-backed securities in securities class action alleging fraudulent disclosures relating to bonds backed by manufactured home loans.
- Confidential Government Investigation (2007-2010): Represented international tobacco company and executives in connection with SEC and Department of Justice investigations into alleged FCPA violations in South America, Europe, Africa and Asia.
- Internal Investigation (2012): Conducted internal investigation for European engineering firm in connection with allegations of government procurement fraud.
- Internal Investigation (2009-2010): Conducted internal investigation for Fortune 50 financial institution into issues associated with collapse and bankruptcy of the largest nondepository mortgage lender in the United States.
- Confidential SEC Investigation (2007-2008): Represented independent directors of Fortune 100 technology company in connection with SEC investigation into alleged earnings manipulation. Matter settled on favorable terms proposed by independent directors.
- Confidential Attorney General Investigation (2007-2008): Conducted internal investigation for Fortune 500 retailer relating to allegations of insider trading and in connection with an investigation by the New York attorney general.
- Accounting Litigation (N.Y. Court of Appeals 2007): Represented largest national accounting professional organization, appearing as amicus curiae in case before the New York Court of Appeals. Position advocated by accounting organization prevailed in court of appeals.
- Confidential SEC Investigation (2004-2006): Represented Big Four accounting firm and individual auditors in connection with SEC investigation into alleged accounting fraud and violations of professional accounting rules. Firm and auditors ultimately exonerated in an administrative hearing.
- Breach of Fiduciary Duty Litigation (S.D.N.Y. 2006): Represented U.S. subsidiary of Swiss financial services company against claims of breach of fiduciary duty and breach of contract relating to a short-term financing facility. Case dismissed with prejudice prior to any discovery.
- Accounting Litigation (S.D.N.Y. 2004): Represented Big Four accounting firm against claims of fraud, negligence and breach of fiduciary duty relating to a corporate acquisition. Court granted motion to dismiss prior to any discovery.