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Matthew A. Schwartz

Partner

Matthew A. Schwartz

Partner
New York +1-212-558-4000+1-212-558-4000 +1-212-558-3588+1-212-558-3588
schwartzmatthew@sullcrom.com

Matthew Schwartz is a partner in the Firm’s Litigation Group. He joined the Firm in 2007 after clerking for Justice Samuel A. Alito, Jr. of the U.S. Supreme Court.  He was elected partner in 2011.

Mr. Schwartz’s wide-ranging practice comprises complex litigation, arbitration, and government investigations in the areas of securities law, derivative suits, ERISA, bank regulation, contracts, estates, and general commercial litigation.

Mr. Schwartz has represented some of the world’s leading corporations, financial institutions, and industry organizations, including Barclays, Cablevision, Giants Stadium, Goldman Sachs, JPMorgan Chase, Kinross Gold, Kohl’s, The Clearing House, Penn West Petroleum, Popular, and UBS.

Additionally, Mr. Schwartz has worked with members of the Firm’s Tax Group on tax controversy and other matters, and has experience representing clients before the Internal Revenue Service and the U.S. Senate Permanent Subcommittee on Investigations.

Rankings and Recognitions

  • New York Super Lawyers (2013)
  • The Legal 500 United States (2012, 2014)
  • Law360's Rising Stars for Securities (2015)
  • Recognized, National Law Journal’s 2014 Appellate Hot List
  • Recognized by Best Lawyers in America as “a sharp, exceptional advocate”

Other Professional Activities

  • Member, Federal Bar Council, Second Circuit Courts Committee



SELECTED REPRESENTATIONS

Securities Class Action Litigation
  • Represents Barclays in numerous putative class actions litigations concerning Barclays’ dark pool.
  • Represents members of Cablevision’s compensation committee in a derivative action in the Chancery Court of Delaware concerning Cablevision’s executive compensation practices.
  • Represents Penn West Petroleum in a putative securities class action concerning Penn West’s restatement of its financials.
  • Represents Kinross Gold Corporation and former executives in a putative securities class action concerning the development of a gold mine.
  • Represents Kohl’s corporation and current executives in a putative securities class action concerning Kohl’s restatement of its financials.
  • Represented UBS and former officers and directors in obtaining the dismissal of putative securities class action concerning allegations about UBS’s mortgage-related and auction rate securities losses and its DOJ and SEC settlements relating to UBS’s U.S. cross-border tax issues.  Plaintiffs sought damages amounting to almost all of UBS’s market capitalization decline of nearly $115 billion during the financial crisis.  Previously, Mr. Schwartz obtained the dismissal of all claims brought by all UBS shareholders who purchased shares on foreign exchanges, eliminating more than 85% of the theoretical damages. These decisions were upheld on appeal.
  • Represented UBS and several current and former officers and employees in obtaining the dismissal of a putative ERISA “stock drop” class action.
  • Represented Cablevision and current and former executive officers in obtaining the dismissal of a putative securities fraud class action concerning statements about the causes of Cablevision’s decline in net video subscribers in certain quarters.
  • Represented Goldman Sachs in securities class actions arising from the tech bubble.
Complex Litigation and Arbitration
  • Represents Giants Stadium in its claims in the Lehman bankruptcy concerning swaps used to hedge the risk of financing the new stadium.
  • Represents Barclays in litigation concerning the termination of total return swaps.
  • Secured a significant recovery on behalf of various plaintiffs in an action to recover fees improperly taken by the plaintiffs’ principals in relation to numerous commercial real estate buildings across the United States.
  • Represents Goldman Sachs in numerous FINRA arbitrations concerning auction rates securities.  Mr. Schwartz also obtained injunctions against numerous FINRA arbitrations, including victories in the 2nd and 9th Circuits.
  • Secured dismissals of lawsuits in New York and Florida brought against UBS by purchasers of CDOs.
Governmental and Regulatory Investigations and Other Advisory Work
  • Provides ongoing regulatory advice to The Clearing House Association LLC on domestic regulatory issues.
  • Represents a financial institution in an investigation by the Office of Foreign Assets Control.
  • Advised UBS on regulatory inquiries and investigations brought by the SEC in connection with the financial crisis.
Tax Controversy
  • Represented a multinational corporation at the audit stage regarding a debt/equity case, resulting in the IRS dropping the audit.
  • Represented a venture capital firm at the protest and appeals stages on a variable pre-paid forward contract.
  • Counseled a financial institution during an investigation by the U.S. Senate Permanent Subcommittee on Investigations in connection with alleged tax shelter transactions.

Pro Bono

Mr. Schwartz is a member of the Firm’s wills clinic, which provides pro bono legal advice on the drafting and execution of wills, powers of attorney and health care proxies.