Matthew L. McGinnis

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Matt is an experienced trial lawyer with a diverse commercial litigation practice focusing on high-stakes business disputes. Matt has represented private equity firms, hedge funds, and public companies in the technology and biotech industries in a broad range of high-profile commercial disputes and enforcement matters. Clients also regularly seek Matt’s counsel on antitrust matters, bankruptcy litigation, corporate governance and D&O issues, and securities litigation. Matt has practiced and tried cases before state and federal courts throughout the country.

Matt also counsels clients on a broad array of securities enforcement related matters, with a particular focus on trading issues facing asset management clients.

Experience

Litigation counsel for Google in the ongoing United States v. Google (D.D.C.) monopolization suit. The United States v. Google litigation earned Ropes & Gray recognition for ‘Behavioral Matter of the Year’ in 2022 by Global Competition Review.
Litigation counsel to Blackstone, Inc. in high-profile algorithmic pricing antitrust litigation. The case resulted in a complete dismissal for our clients at the trial court and circuit court.
Litigation counsel to one of the largest hotel companies in the country in pending algorithmic pricing antitrust class action.
Litigation counsel to Zelis Healthcare in algorithmic pricing antitrust class action.
Litigation counsel to TPG portfolio company in pending antitrust litigation.
Litigation 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 to the Special Investigation Committee of Enjoy Technology, Inc. in connection with 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 connection with the investigation and pursuit of estate causes of action as part of Basic’s chapter 11 cases.
Counsel for asset management client in expedited distressed debt litigation, resulting in a complete victory for our client at both trial and appellate levels.
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.
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.

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