Matthew L. McGinnis
Matt’s practice extends to a wide range of securities, corporate governance, restructuring, and antitrust disputes. Matt has helped steer clients to successful resolutions in a variety of complex civil and enforcement matters, and has a deep understanding of the litigation issues facing private equity, hedge fund, credit fund, and other asset management clients. Matt has significant experience in all phases of litigation, including trials and appeals, and has practiced and appeared before state and federal courts throughout the country.
Matt also regularly advises private equity, hedge fund and other clients on a variety of securities, antitrust, and other matters.
- Representing the independent director of Basic Energy Services, Inc., in connection with that director’s investigation and analysis of estate causes of action as part of Basic’s ongoing chapter 11 cases, which involve more than $400 million of funded debt.
- Litigation counsel to the Special Committee of the Board of Directors of Debtor Centric Brands, Inc. in connection with its investigation of potential claims to be brought on behalf of the estate.
- Litigation counsel to the Special Committee of the Board of Directors of Debtor Sanchez Energy in connection with its investigation of potential claims to be brought on behalf of the estate.
- Counsel for Elliott Management as the largest unsecured creditor in the chapter 11 cases of Energy Future Intermediate Holding Company LLC ("EFIH") and its affiliated debtors in litigation successfully opposing a proposed transaction for the sale of EFIH's equity interest in its regulated distribution subsidiary in favor of an alternative transaction.
- Trial counsel for TravelCenters of America in highly expedited proceedings in Delaware Court of Chancery concerning the purported termination of a business-critical merchant contract. The trial culminated in judgment for our client and an award of attorneys’ fees.
- Trial counsel for investment bank in widely publicized five-week jury trial about bank’s role as financial adviser in connection with a $600 million stock sale to Belgian firm before that firm’s fraud was revealed. The trial culminated in a complete verdict for our client.
- Counsel for asset management client in expedited distressed debt litigation, resulting in a complete victory for our client at both trial and appellate levels.
- Trial counsel in commercial leasing dispute involving claims of unfair and deceptive business practices, which culminated in a finding of no unfair or deceptive practices by our client.
- Counsel for Fortune 500 company in antitrust litigation involving allegations of conspiracy and boycott.
- Counsel for leading cable company in multiple antitrust tying lawsuits, all resolved on favorable terms.
- Counsel for leading technology company in securities class action alleging fraud following a $900 million restatement.
- Counsel for publicly traded healthcare company in suit against manager of healthcare facilities.
- Counsel for companies, shareholders, and acquirers in litigation arising out of M&A transactions.
- Counsel for multiple firms in connection with insider trading investigations.
- 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, “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)
- 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 / Qualifications
- Massachusetts, 2007
- New York, 2019
- U.S. Court of Appeals for the First Circuit, 2013
- U.S. Court of Appeals for the Ninth Circuit, 2012
- U.S. District Court for the District of Massachusetts, 2007
- U.S. Court of Appeals for the Tenth Circuit, 2007
- Massachusetts Super Lawyers Rising Star (2013-2017)