Matthew L. McGinnis

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Matt is a seasoned trial lawyer and commercial litigator who represents leading corporations, private equity sponsors, hedge funds, and public companies in high-stakes business disputes across the United States. His practice spans complex antitrust litigation, securities enforcement and class action defense, bankruptcy and restructuring litigation, and corporate governance and fiduciary duty matters. Matt regularly serves as lead litigation counsel in cases involving the technology, biotech, and healthcare industries, and he has tried cases to verdict in both state and federal courts nationwide.

Matt has deep experience litigating issues at the forefront of antitrust and competition law, including algorithmic pricing litigation, monopolization claims, and conspiracy and boycott allegations. He also maintains an active securities enforcement practice, advising asset management firms and investment funds on SEC and other governmental investigations, insider trading inquiries, and related regulatory matters.

Experience

Antitrust & Competition Litigation

Litigation counsel for Google in United States v. Google (D.D.C.), the landmark federal monopolization case. The matter earned Ropes & Gray recognition for "Behavioral Matter of the Year" in 2022 from Global Competition Review.
Litigation counsel to Blackstone, Inc. in high-profile algorithmic pricing antitrust litigation, resulting in a complete dismissal at both the trial court and circuit court levels.
Litigation counsel to one of the nation's largest hotel companies in a pending algorithmic pricing antitrust class action.
Litigation counsel to Zelis Healthcare in algorithmic pricing antitrust class action defense.
Litigation counsel to a TPG portfolio company in pending antitrust litigation.
Litigation counsel for a Fortune 500 company in antitrust class action involving allegations of conspiracy and boycott.
Litigation counsel for a leading cable company in multiple antitrust tying lawsuits, all resolved on favorable terms.

Bankruptcy, Restructuring & Corporate Governance Litigation

Litigation counsel for Elliott Management as the largest unsecured creditor in the chapter 11 cases of Energy Future Intermediate Holding Company LLC and its affiliated debtors, successfully opposing a proposed equity sale transaction in favor of an alternative deal that better served creditor interests.
Counsel to the Special Investigation Committee of Enjoy Technology, Inc. in the investigation of potential estate causes of action as part of Enjoy's chapter 11 cases.
Litigation counsel to the independent director of Basic Energy Services, Inc. in the investigation and pursuit of estate causes of action in Basic's chapter 11 proceedings.
Litigation counsel to the Special Committee of the Board of Directors of Centric Brands, Inc. in its investigation of potential claims to be brought on behalf of the debtor's estate.
Litigation counsel to the Special Committee of the Board of Directors of Sanchez Energy in its investigation of potential claims to be brought on behalf of the debtor's estate.

Trials & Complex Commercial Disputes

Trial counsel for TravelCenters of America in highly expedited Delaware Court of Chancery proceedings involving the purported termination of a business-critical merchant contract. The trial resulted in judgment for the client and an award of attorneys' fees.
Trial counsel for an investment bank in a widely publicized five-week jury trial concerning the bank's role as financial adviser in a $600 million stock sale to a Belgian firm whose fraud was later revealed. The trial resulted in a complete defense verdict.
Counsel for an asset management client in expedited distressed debt litigation, securing a complete victory at both the trial and appellate levels.
Trial counsel in a commercial leasing dispute involving claims of unfair and deceptive business practices, culminating in a finding of no liability for the client.

Securities Litigation & Enforcement

Counsel for a leading technology company in a securities fraud class action following a $900 million financial restatement.
Counsel for a publicly traded healthcare company in litigation against a healthcare facilities manager.
Counsel for multiple firms in connection with SEC and DOJ insider trading investigations.

Credentials

Education

JD, summa cum laude, Boston College Law School, 2006; Order of the Coif; James W. Smith Award for Highest Academic Rank; Editor in Chief, Boston College Law Review
BA (Classics and English), summa cum laude, University of Puget Sound, 2000; Phi Beta Kappa

Admissions

Massachusetts, 2007
New York, 2019
U.S. Court of Appeals for the First Circuit, 2013
U.S. Court of Appeals for the Sixth Circuit, 2022
U.S. Court of Appeals for the Ninth Circuit, 2012
U.S. Court of Appeals for the Tenth Circuit, 2007
U.S. District Court for the District of Massachusetts, 2007

Clerkships

Publications

Noted, "Antitrust Groups Ask 9th Circ. To Revive Price-Fixing Suit," Law360 (October 4, 2024)
Noted, “The Biden Administration is Taking Antitrust Seriously. These Law Firms Are Defending its Biggest Targets,” The National Law Journal (May 30, 2024)
Noted, “Judge Asks About Ad Quality As Google Search Trial Wraps,” Law360 (May 3, 2024)
Noted, “Google Judge Ponders Search Engine’s Might at Trial Closings,” Law360 (May 2, 2024)
Noted, “Google Calls DOJ’s ‘Fake Privilege’ Docs Citation ‘Misleading,’” Law360 (March 13, 2024)
Noted, “Google Search Judge Wary of NYT Bid to Make Docs Public,” Law360 (March 11, 2024)
Noted, “Google Atty’s ‘Fake Privilege’ Comments Cited in Search Suit,” Law360 (February 28, 2024)
Noted, “Google Says Innovation Led to Dominance in Closing Brief,” Law360 (February 23, 2024)
Noted, “Exec Says Google Must Constantly Innovate To Retain Users,” Law360 (September 19, 2023)
Noted, “Biden launches effort to take down Google in court,” POLITICO (September 11, 2023)
Noted, “Google Appeals to Public Ahead of Search Monopoly Trial,” Law360 (September 8, 2023)
Noted, “Google Search ‘Usage’ No Proof Of ‘Demand,’ Judge Told,” Law360 (September 14, 2023)
Co-author, “Evaluating Director Protections After Del. Bankruptcy Ruling,” Law360 (January 14, 2022)
Co-author, “Appeals Court limits scope of litigation privilege,” Massachusetts Lawyers Weekly (December 12, 2019)
Co-author, “Martoma tips the balance on insider trading liability,” Westlaw Journal’s Securities Litigation & Regulation (October 12, 2017)
Co-author, “Supreme Court Confirms Broad Reach of Insider Trading Liability,” American Bar Association Business Law Today (January 19, 2017)
Co-author, “High Court Seems Disinclined To Disturb Dirks In Salman,” Law360 (October 6, 2016)
Co-author, “The Overturned Visa/MasterCard Settlement: What Does It Mean (If Anything) for the Future,” Bloomberg BNA Class Action Litigation Report (August 25, 2016)
Quoted, “Dealing with Deficiencies: Strategies for Responding to the SEC and Drafting Deficiency Response Letters,” Private Equity Law Report (February 6, 2025)
Quoted, “Dealing with Deficiencies: How to Ensure Smooth SEC Examinations and Prepare to Respond to Inevitable Deficiency Letters,” Private Equity Law Report (January 27, 2025)
Quoted, “SEC Scores Precarious Post-Newman Win In IBM Tip Trial,” Law360 (March 1, 2016)
Quoted, “Supreme Court To Decide Immigration, Insider Trading Cases,” Forbes (January 19, 2016)
Co-author, “What Newman Means for the Market,” Westlaw Journal White-Collar Crime (November 2015)
Co-author, “The Shifting Landscape Of Insider Trading Law Following United States v. Newman, ” Seeking Alpha (February 2015)
Co-author, “What the Cuban Verdict Means for Insider Trading,” Insights (November 2013)
Co-author, “Three Scandals, Three Key Dodd-Frank Developments,” Law360 (August 2012)
Co-author, “Are You Ready for the New CFTC Enforcement Regime?” BNA (December 2011)
“Adult-Entertainment Zoning, the First Amendment, and Residential and Rural Municipalities,” 46 Boston College Law Review 625 (2005), reprinted in 2006 Zoning and Planning Law Handbook, at 743 (Patricia E. Salkin ed. 2006)

Experience

Credentials

Education

Admissions

Clerkships

Publications

Awards

Professional & Civic Activities

Areas of Practice