Matthew is a member of the firm’s corporate and 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 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 regularly advises companies on compliance matters and internal controls.
Matthew has an active practice defending accountants in malpractice and fraud cases, and in regulatory investigations. He frequently advises auditors and audit committees regarding the financial reporting process. Matthew serves as the Public Member of the Virginia Board of Accountancy.
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.”
Matthew was named to the 2014 class of “Leaders in the Law” by Virginia Lawyers Media, the publisher of Virginia Lawyers Weekly.
- Accounting Litigation (S.D.N.Y.): Represented Big Four accounting firm against claims of fraud, negligence and breach of fiduciary duty brought by the acquirer of the firm’s audit client. Court granted motion to dismiss prior to any discovery.
- Accounting Class Action (S.D.N.Y.): Represented Big Four accounting firm in securities class action alleging auditors committed fraud in connection with audit client’s understated reserves. Settled favorably during jury selection.
- Accounting Class Action (S.D.N.Y.): Represented Big Four accounting firm in securities class action alleging fraud in connection with audit client’s accounting for an acquisition. Settled favorably before discovery.
- Accounting Litigation (New Jersey): Represented Big Four accounting firm in audit malpractice case brought by acquirer of firm’s audit client. New Jersey Supreme Court ultimately dismissed the case.
- Accounting Litigation (N.Y. Court of Appeals): 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.
- Post-Purchase Accounting Arbitration: Represented seller of business in dispute relating to the valuation of a CMBS portfolio. Independent accountant arbitrator found in our client’s favor on all issues.
- Securities Class Action (E.D. Wisc./7th Cir.): 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.): Represented issuer of asset-backed securities in securities class action alleging fraudulent disclosures relating to bonds backed by manufactured home loans.
- Fiduciary Duty Class Action (Tennessee): Represented Board of acquired company in class action brought by shareholders claiming Board breached fiduciary duties in agreeing to sell the company. Case settled after plaintiffs failed in two attempts to certify a class.
- Breach of Fiduciary Duty Litigation (S.D.N.Y.): 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 discovery.
- FDIC Litigation (D.D.C.): Represented Fortune 30 bank in litigation with the FDIC regarding losses related to mortgage warehouse lending business.
- FDIC Litigation (S.D.W.Va.): Defended bank chairman against FDIC claims of negligence and breach of fiduciary duty following bank’s failure during the financial crisis.
Government and Internal Investigations
- Confidential SEC Investigation: 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.
- Confidential RMBS Working Group Investigation: Represented issuer of subprime RMBS in government investigation relating to disclosures in RMBS offering materials. Matter terminated without penalty after two years of investigation.
- Confidential SEC Investigation: 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 without penalty.
- Confidential DOJ and SEC Investigations: 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.
- Confidential SEC Investigation: 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 SEC Investigation: Represented underwriter of municipal bonds in investigation regarding the accuracy of disclosures in the Official Statement.
- Confidential Attorney General Investigation: 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.
- Confidential State Securities Commissions Investigations: Represented trust company in enforcement proceedings brought by several state securities commissions relating to the sale of life settlement contracts. After discovery and briefing, client was dismissed from all enforcement proceedings without any penalty.