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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.

Mr. Schwartz’s wide-ranging practice comprises complex litigation and government investigations in the areas of securities law, 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, and UBS.

Additionally, Mr. Schwartz works 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.

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.

Rankings and Recognitions

  • New York Super Lawyers (2013)
  • The Legal 500 United States (2012, 2014)

Other Professional Activities

  • Member, Federal Bar Council, Second Circuit Courts Committee



SELECTED REPRESENTATIONS

Securities and Complex Commercial Litigation
  • Obtained dismissal with prejudice of a putative securities class action brought against UBS and former members of its board and senior management 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.
  • Obtained dismissal of a putative ERISA “stock drop” class action brought against UBS and several current and former officers and employees.
  • Obtained dismissal of a putative securities fraud class action brought against Cablevision and current and former executive officers concerning statements about the causes of Cablevision’s decline in net video subscribers in certain quarters.
  • Obtained injunctions on behalf of Goldman Sachs against FINRA arbitrations brought by issuers of auction rate securities in violation of exclusive forum selection clauses mandating federal court. This included victories in the 9th Circuit and the Southern District of New York.
  • Secured dismissals of lawsuits in New York and Florida brought against UBS by purchasers of CDOs.
  • Represents Giants Stadium in its claims in the Lehman bankruptcy concerning swaps used to hedge the risk of financing the new stadium.
  • 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.
Governmental and Regulatory Investigations and Other Advisory Work
  • Provides ongoing 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.