Icon close

Close

People

Matthew Biben focuses his practice on complex negotiation and litigation of disputes, including regulatory and enforcement matters on behalf of both individuals and organizations. His diverse litigation practice includes representing financial institutions and FinTech companies in civil disputes, securities and bankruptcy litigation, and complex matters involving the government.

As a former general counsel of a large bank and federal prosecutor, Matthew routinely acts as counsel in litigated disputes and internal investigations of both domestic and international matters involving, among others, the Department of Justice (DOJ), Securities Exchange Commission (SEC), Federal Reserve Board (FRB), Office of Comptroller of the Currency (OCC), Consumer Financial Protection Bureau (CFPB), New York Department of Financial Services (NYDFS), state attorneys general and foreign regulators.

Prior to joining private practice, Matthew served for three-and-a-half years at JPMorgan Chase, where he was Executive Vice President and General Counsel for Chase Consumer & Community Banking, which included JPMorgan Chase’s Private Wealth Management, Card and Merchant Services, Auto Finance, Student Loan, Consumer Banking, Business Banking and Mortgage Banking businesses.

Matthew also served as Executive Vice President and Deputy General Counsel of The Bank of New York Mellon Corporation for almost seven years, becoming the second youngest person in BNY’s history to be promoted to Executive Vice President. He also served as BNY Mellon’s Global Head of Litigation and supervised various corporate functions that included the Office of the Corporate Secretary.

Matthew spent the first 12 years of his career in government, serving in the U.S. Attorney’s Office for the Southern District of New York, where he was an Assistant U.S. Attorney in the Criminal Division and received the Attorney General’s Director Award for superior performance. Previously, he was an Assistant District Attorney in the New York County District Attorney’s Office. He argued numerous appeals in the Second Circuit Court of Appeals and was lead counsel in more than 25 federal and state trials.

Full Bio

Credentials

J.D., University of Pennsylvania

B.S., Cornell University

New York

Supreme Court of the United States

U.S. Court of Appeals for the Second Circuit

U.S. District Court for the Eastern District of New York

U.S. District Court for the Southern District of New York

American Arbitration Association – Board Member

New York Lawyers for the Public Interest - Director

New York Legal Assistance Group - Member Board of Directors

University of Pennsylvania Carey Law School – Board of Trustees

Ranked for his “standout expertise” in the category of “Banking (Enforcement & Investigations)”


Chamber USA – Nationwide (Band 3) 2020-2022

Nationally recommended in the category of Financial Services Litigation, “tenacious but balanced litigator”


The Legal 500 US 2016-2022

Recognized as Benchmark Litigation “Litigation Star”


Benchmark Litigation

Icon close

Close

Recognition

Ranked for his “standout expertise” in the category of “Banking (Enforcement & Investigations)”


Chamber USA – Nationwide (Band 3) 2020-2022

Nationally recommended in the category of Financial Services Litigation, “tenacious but balanced litigator”


The Legal 500 US 2016-2022

Recognized as Benchmark Litigation “Litigation Star”


Benchmark Litigation

Matters

Successfully represented Mashreq Bank in negotiating a favorable settlement with the NYDFS, NYFed, FRB, and OFAC resolving wide ranging BSA/AML and Sanctions issues

Represented FanDuel and DraftKings in a landmark victory in the NY Court of Appeals legalizing interactive fantasy sports in New York State (garnering American Lawyer Litigator of the Week runner-up honors)

Represented a leading Fintech company in a CFPB investigation

See more
Icon close

Close

Matters

Successfully represented Mashreq Bank in negotiating a favorable settlement with the NYDFS, NYFed, FRB, and OFAC resolving wide ranging BSA/AML and Sanctions issues

Represented FanDuel and DraftKings in a landmark victory in the NY Court of Appeals legalizing interactive fantasy sports in New York State (garnering American Lawyer Litigator of the Week runner-up honors)

Represented a leading Fintech company in a CFPB investigation

Successfully represented a superregional bank in a CFPB investigation and avoiding an enforcement action

Representing ad hoc 1st lien term lenders in the Mallinckrodt bankruptcy

Represented Societe Generale before the FRB and the Federal Reserve Bank of New York and separately before the NYDFS in negotiating a successful settlement regarding the bank’s BSA/AML compliance and risk management programs

Successfully defended Habib Bank against a $630 million lawsuit by the NYDFS and negotiating a $225 million settlement relating to long-running AML/BSA compliance issues and assisting Habib in winding down the business of their NY branch

Represented a senior executive of one of the largest global banks in a DOJ investigation of RMBS and a separate OCC investigation persuading both agencies after years of investigation to close their investigations without action

Advised a large foreign bank in responding to the DOJ investigation of Mossack Fonseca & and the “Panama Papers”

Lead an extensive internal investigation and representing a large foreign bank before the FRB and NYDFS concerning Regulation W compliance issues

Successfully represented Toyota Financial Services in a DOJ and CFPB investigation and negotiating a favorable settlement relating to the indirect auto lender’s fair lending practices

Advised a large foreign bank in responding to a multi-state attorneys general investigation of its auto lending and securitization practices

Represented financial institutions and individuals in SEC investigations, including the Chairman of the Board of a Fortune 100 company

Represented the CFO of an insurance company in an investigation before the NYDFS which resulted in the matter being closed without action

Represented Admirals Bank, as it restructured operations in the face of significant regulatory scrutiny and complex bank regulatory and enforcement issues

Represented the Board of Directors of a pre-eminent US retailer in an internal investigation concerning compensation and disclosure issues

Provided the Board of Directors of multiple financial institutions with advice on their annual self-evaluation as well as broader governance issues including expectations and guidance as applied to bank boards

Represented FanDuel in a lawsuit and settlement with the New York Attorney General (NYAG) over the legality of daily fantasy sports and later resolving allegations of false advertising whereby the NYAG dropped its claims challenging the legality of FanDuel’s contests after a change in the New York State law permitting daily fantasy sports

Insights

Client Alert

September 22, 2022
What DoesBased OnMean?

Newsletter

September 15, 2022
Financial Services Focus - September 2022

View all

Matters

Successfully represented Mashreq Bank in negotiating a favorable settlement with the NYDFS, NYFed, FRB, and OFAC resolving wide ranging BSA/AML and Sanctions issues

Represented FanDuel and DraftKings in a landmark victory in the NY Court of Appeals legalizing interactive fantasy sports in New York State (garnering American Lawyer Litigator of the Week runner-up honors)

Represented a leading Fintech company in a CFPB investigation

See more
Icon close

Close

Matters

Successfully represented Mashreq Bank in negotiating a favorable settlement with the NYDFS, NYFed, FRB, and OFAC resolving wide ranging BSA/AML and Sanctions issues

Represented FanDuel and DraftKings in a landmark victory in the NY Court of Appeals legalizing interactive fantasy sports in New York State (garnering American Lawyer Litigator of the Week runner-up honors)

Represented a leading Fintech company in a CFPB investigation

Successfully represented a superregional bank in a CFPB investigation and avoiding an enforcement action

Representing ad hoc 1st lien term lenders in the Mallinckrodt bankruptcy

Represented Societe Generale before the FRB and the Federal Reserve Bank of New York and separately before the NYDFS in negotiating a successful settlement regarding the bank’s BSA/AML compliance and risk management programs

Successfully defended Habib Bank against a $630 million lawsuit by the NYDFS and negotiating a $225 million settlement relating to long-running AML/BSA compliance issues and assisting Habib in winding down the business of their NY branch

Represented a senior executive of one of the largest global banks in a DOJ investigation of RMBS and a separate OCC investigation persuading both agencies after years of investigation to close their investigations without action

Advised a large foreign bank in responding to the DOJ investigation of Mossack Fonseca & and the “Panama Papers”

Lead an extensive internal investigation and representing a large foreign bank before the FRB and NYDFS concerning Regulation W compliance issues

Successfully represented Toyota Financial Services in a DOJ and CFPB investigation and negotiating a favorable settlement relating to the indirect auto lender’s fair lending practices

Advised a large foreign bank in responding to a multi-state attorneys general investigation of its auto lending and securitization practices

Represented financial institutions and individuals in SEC investigations, including the Chairman of the Board of a Fortune 100 company

Represented the CFO of an insurance company in an investigation before the NYDFS which resulted in the matter being closed without action

Represented Admirals Bank, as it restructured operations in the face of significant regulatory scrutiny and complex bank regulatory and enforcement issues

Represented the Board of Directors of a pre-eminent US retailer in an internal investigation concerning compensation and disclosure issues

Provided the Board of Directors of multiple financial institutions with advice on their annual self-evaluation as well as broader governance issues including expectations and guidance as applied to bank boards

Represented FanDuel in a lawsuit and settlement with the New York Attorney General (NYAG) over the legality of daily fantasy sports and later resolving allegations of false advertising whereby the NYAG dropped its claims challenging the legality of FanDuel’s contests after a change in the New York State law permitting daily fantasy sports

Insights

Client Alert

September 22, 2022
What DoesBased OnMean?

Newsletter

September 15, 2022
Financial Services Focus - September 2022

View all

Credentials

J.D., University of Pennsylvania

B.S., Cornell University

New York

Supreme Court of the United States

U.S. Court of Appeals for the Second Circuit

U.S. District Court for the Eastern District of New York

U.S. District Court for the Southern District of New York

American Arbitration Association – Board Member

New York Lawyers for the Public Interest - Director

New York Legal Assistance Group - Member Board of Directors

University of Pennsylvania Carey Law School – Board of Trustees

Ranked for his “standout expertise” in the category of “Banking (Enforcement & Investigations)”


Chamber USA – Nationwide (Band 3) 2020-2022

Nationally recommended in the category of Financial Services Litigation, “tenacious but balanced litigator”


The Legal 500 US 2016-2022

Recognized as Benchmark Litigation “Litigation Star”


Benchmark Litigation

Icon close

Close

Recognition

Ranked for his “standout expertise” in the category of “Banking (Enforcement & Investigations)”


Chamber USA – Nationwide (Band 3) 2020-2022

Nationally recommended in the category of Financial Services Litigation, “tenacious but balanced litigator”


The Legal 500 US 2016-2022

Recognized as Benchmark Litigation “Litigation Star”


Benchmark Litigation