Matthew
Bush

Lightfoot v. Cendant Mortgage Corp. (Supreme Court): Achieved a unanimous victory, persuading the Court that Fannie Mae's charter does not automatically confer federal jurisdiction whenever Fannie is a party. This included convincing the Solicitor General's Office to recommend that the Court both grant certiorari and rule in the clients' favor on the merits.

County Los Angeles v. Mendez (Supreme Court): Achieved unanimous victory, persuading the Supreme Court to overturn the Ninth Circuit's controversial “provocation rule” in excessive force cases.

Moussouris v. Microsoft (W.D. Wash): On behalf of Microsoft, successfully defeated a class certification motion attempting to certify a class of 8,600 female IT employees and engineers who claimed discrimination in pay and promotion and sought over $230 million in damages.

Elmiron Litigation (D.N.J.): Matt represents Janssen Pharmaceuticals in a litigation alleging that its medication Elmiron causes retinal degeneration. Matt recently led the effort to successfully strike a nationwide class at the pleading stage (https://www.law.com/thelegalintelligencer/2020/11/09/pa-fed-judge-rejects-nationwide-class-action-seeking-elmiron-medical-monitoring/).

JPMorgan Wind Farm Litigation: Matt represents JPMorgan in lawsuits related to whether wind farms in Texas were excused from their obligations under their hedge contracts due to low winds during Winter Storm Uri.

Google LLC v. Starovikov (S.D.N.Y.): On behalf of Google, the K&S team successfully obtained an order to disrupt a highly-sophisticated Russian botnet that had installed malware on over one million devices in order to steal personal information.

Talarico Brothers v. Union Carbide Corporation (2d Cir.): Matt is lead appellate counsel for Union Carbide in an appeal regarding a district court's ruling that plaintiffs' complaint failed to adequately allege a plausible RCRA violation under Iqbal.

Densify v. Turbonomic (Del. Ch.): Matt was part of the King & Spalding team representing Turbonomic that successfully defeated a preliminary injunction seeking to prevent Turbonomic from being acquired by IBM based on an anti-assignment clause in a settlement agreement.

Johnson & Johnson Talc Litigation: Matt was part of the trial team in Hayes v. Johnson & Johnson that secured a full defense verdict in Johnson & Johnson's favor. The jury reached its verdict in under 30 minutes. In that trial, Matt argued the motion for summary judgment, a Daubert motion leading to the exclusion of expert testimony, jury instructions, and the directed verdict motion.

Bardy Diagnostics v. Hillrom (Del. Ch.): Matt was part of the trial team representing Hillrom in a case involving whether the plummeting of the Medicare reimbursement rate for a target company's only product constituted a "material adverse event" that excused the parent company from closing on the acquisition.

Nitto Denko v. Hutchinson Technology (D. Minn.): Represented Nitto Denko in a patent infringement case involving “flexures” - circuits in hard disk drives. Matt argued a motion to dismiss for lack of personal jurisdiction.

Buchwald v. The Renco Group (2d Cir.): Represented Renco in its appeal of a $200 million judgment for fraudulent conveyance.

Finerty v. Abex (New York Court of Appeals): Represented the Chamber of Commerce as amicus in a case concerning the requirements for piercing the corporate veil.

Trump v. Hawaii (S.Ct.): Represented former high-ranking executive branch officials in an amicus brief supporting the challengers to the travel ban which was highlighted by Linda Greenhouse of the New York Times (https://www.nytimes.com/2017/09/28/opinion/contributors/travel-ban-lessons-trump.html).

Garcia v. City of Santa Clara (9th Cir.): Represented Daniel Garcia on appeal in an excessive force and false arrest § 1983 case.

People v. Laboy (N.Y. App. Div. 1st Dep't): Represented Alexis Laboy in a criminal appeal from his assault conviction. Matt argued the case before the First Department.