Matthew A. SchwartzPartner
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, antitrust, 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, Popular, and UBS.
Rankings and Recognitions
- New York Super Lawyers (2013)
- The Legal 500 United States (2012, 2014, 2015)
- 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
- Member, New York City Bar Association Professional Ethics Committee
SELECTED REPRESENTATIONSClass Action and Derivative Litigation
- Represents Barclays in numerous putative class actions litigations concerning Barclays’ dark pool. Obtained dismissal of putative class actions brought by customers of Barclays’ dark pool.
- Represents Penn West Petroleum in a putative securities class action concerning Penn West’s restatement of its financials.
- Represents Banco Popular and Popular Securities in a putative class action concerning Puerto Rican mutual funds.
- Represents Barclays in putative antitrust class action litigations concerning FX and U.S. Treasury trading.
- Represents Kohl’s corporation and current executives in a putative securities class action concerning Kohl’s restatement of its financials.
- Represented members of Cablevision’s compensation committee in obtaining dismissal of a derivative action in the Chancery Court of Delaware concerning Cablevision’s executive compensation practices.
- 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. This decision was upheld on appeal.
- 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 Kinross Gold Corporation and former executives in a putative securities class action concerning the development of a gold mine.
- Represented Goldman Sachs in securities class actions arising from the tech bubble.
- 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, and dismissal of all claims in the Eastern District of Michigan.
- Represents Barclays in litigation concerning the termination of total return swaps.
- Represented Giants Stadium in its claims in the Lehman bankruptcy concerning swaps used to hedge the risk of financing the new stadium.
- Represented 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.
- Secured dismissals of lawsuits in New York and Florida brought against UBS by purchasers of CDOs.
- Represents Goldman Sachs in various M&A litigations.
Governmental and Regulatory Investigations and Other Advisory Work
- Represented the New York Bankers Association in successfully striking down under the U.S. and New York State constitutions a New York City law regulating depository banks.
- Provides ongoing regulatory advice to The Clearing House Association LLC on domestic regulatory and litigation issues.
- Represents a financial institution in investigations by the Office of Foreign Assets Control.
- Advised UBS on regulatory inquiries and investigations brought by the SEC in connection with the financial crisis.
Pro BonoMr. 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.