Matt is co-chair of the firm’s Litigation Group. As a commercial litigator and counselor, Matt brings a creative, pragmatic, and efficient approach to help clients resolve complex legal and business problems. He has significant, first-chair experience in a wide variety of business disputes. He regularly represents clients in matters involving breach of contract, fraud, breach of fiduciary duty, non-competes, post-closing disputes, and insurance coverage. Matt has experience with commercial class actions, trade secrets and unfair competition disputes, corporate internal investigations, and employment matters. He also advises clients on corporate compliance, commercial contract, and ethics issues. 

Insurance Coverage

Matt is the Practice Chair of the Firm’s Insurance Coverage Group and regularly handles insurance coverage matters, including those involving commercial general liability, errors and omissions, professional liability, cyber, kidnap and ransom, environmental, property, employment practices liability, representations and warranties, and business specialty policies. For example, he has handled claims and coverage litigation such as:

• an arbitration (first-chair) regarding the duty to defend an underlying software misappropriation lawsuit and estoppel issues;
• coverage litigation regarding data protection and business interruption losses under a cyber policy stemming from a ransomware attack on the policyholder;
• extortion and cyber extortion claims under a kidnap and ransom policy;
• litigation concerning coverage for costs in responding to a government subpoena;
• coverage litigation regarding reasonable rates for independent defense counsel and duty to defend defensive action brought by policyholder;
• a declaratory judgment action involving “personal injury” coverage for disparagement;
• property damage and business interruption losses stemming from events such as fires and natural disasters;
• a complex, multi-party asbestos bodily injury coverage case in California involving claims for unaggregated “non-products” coverage;
• litigation under a crime/financial institutions bond involving novel issues relating to the forgery of over $40 million in collateral; and
• an arbitration regarding coverage under a representations and warranties policy.

Post-Closing Disputes

Matt has significant experience with post-closing disputes, requiring an understanding of complex accounting and financial issues. Matt has represented:

• the sellers of a multi-million-dollar environmental sustainability education company in a post-closing dispute alleging fraud, breach of contract, breach of fiduciary duty, conversion, and violations of the Computer Fraud and Abuse Act;
• a private equity firm in multiple post-closing disputes, including those involving alleged securities fraud, fraudulent inducement, and breaches of contractual representations and warranties;
• a technology company buyer against claims of breach of contract and seeking indemnification from the sellers for alleged breaches of representations and warranties in the purchase agreement; and
• a large public corporation in numerous post-closing disputes over earn-outs, working capital, and financial and environmental-related representations and warranties, including as first-chair for a multi-week arbitration.

Class Actions

Matt has represented several large companies in commercial and employment class actions, including:

• TCPA class actions alleging unlawful faxing practices; and
• an FLSA wage-and-hour collective action asserting unpaid overtime.

Business Litigation

Matt also regularly represents clients in other business litigation. Among these matters, he has represented:

• an asset management company and some of its clients against claims of fraudulent conveyance in multidistrict litigation stemming from the Tribune Company bankruptcy;
• a REIT in litigation concerning breach of a master lease and fraudulent conveyance;
• a Fortune 50 technology company in disputes involving complex software implementations, hardware installations, and executive compensation;
• a freight brokerage company in Carmack Amendment, breach of contract, and tort litigation;
• a specialty pharmacy in an action involving alleged breach of non-solicitation provisions;
• a healthcare technology company in a matter alleging breach of a services contract;
• a proprietary trading firm and its executive in a lawsuit relating to trading technology, including claims for breach of contract, breach of fiduciary duty, and fraud;
• a retail property owner and manager in claims regarding overcharges under electricity contracts;
• a Fortune 200 global diversified industrial manufacturer of consumables and specialty equipment in a misappropriation of trade secrets and unfair competition lawsuit relating to warehouse automation;
• a resistance welding product manufacturer in disputes regarding exclusive purchase agreements;
• a wind energy developer in a dispute over ownership of a wind energy farm based on a letter of intent and alleged oral partnership; and
• gaming companies in litigation relating to license agreements.

Pro Bono

Finally, pro bono work is an important part of Matt’s practice. He has handled medical needs, unlawful arrest, asylum, and immigration matters for clients.

Activities & Honors

• Selected, The Best Lawyers in America^© (2022)
  • Insurance Law
• Selected, Leading Lawyers Network (2017-2022)
  • Commercial Litigation
  • Insurance, Insurance Coverage & Reinsurance Law
• Selected, Emerging Lawyers Network (2015-2017)
• Selected, Super Lawyers
  
  • Illinois Super Lawyers (2016-2022)
  • Illinois Rising Stars (2011-2015)
• Chair, Chicago Bar Association Federal Civil Practice Committee (2017-2018)
• Chair, Principles Project Team, Seventh Circuit Electronic Discovery Pilot Program (2017-2018)
• Recipient, Western Illinois University Alumni Achievement Award (2014)
• Selected, "Forty Illinois Attorneys Under 40 to Watch," Chicago Lawyer and Chicago Daily Law Bulletin (2013)
• Law Clerk, Hon. James F. Holderman, U.S. District Court, Northern District of Illinois (2002-2004)