Matthew
Bush

Appellate

Talarico Brothers v. Union Carbide Corporation (2d Cir.): Matt was lead appellate counsel for Union Carbide, convincing the Second Circuit that the plaintiffs' complaint failed to adequately allege a plausible RCRA violation.

Lightfoot v. Cendant Mortgage Corp. (Supreme Court): Part of the team that achieved a unanimous victory, persuading the Supreme 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): Part of the team that achieved a unanimous victory, persuading the Supreme Court to overturn the Ninth Circuit's controversial “provocation rule” in excessive force cases.

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

330 W. 34th SPE v. Vornado 330 W 34th Street LLC (NY 1st Dep't). Represented a Vornado Realty Trust subsidiary in an appeal seeking to overturn a ground lease rent renewal arbitration award.

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 (Supreme Court): 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.

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 (NY 1st Dep't): Represented Alexis Laboy in a criminal appeal from his assault conviction.

Trials

Matthey v. Johnson & Johnson (Fla. Cir.): Matt was part of the trial team that secured a complete defense verdict in a case where plaintiff claimed that Johnson's Baby Powder caused her ovarian cancer.

Hayes v. Johnson & Johnson (Ky. Cir): Matt was part of the trial team that secured a complete defense verdict in a case where plaintiff claimed Johnson's Baby Powder caused her mesothelioma. The jury reached its verdict in under 30 minutes.

Burkart v. Union Carbide (Del. Sup). Matt served as second chair for a jury trial representing Dow Chemical subsidiary Union Carbine in a case where the plaintiff claimed exposure to the company's molding compound in the 1970s. The case resolved after the plaintiff recanted critical testimony during cross examination.

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

Oracle v. Google (N.D. Cal.): Matt was part of the trial team in a copyright case involving whether copying computer code was fair use.

Litigation

Johnson & Johnson Talc Litigation: Matt represents Johnson & Johnson in nationwide litigation alleging that Johnson's Baby Powder causes cancer. He is responsible for the nationwide briefing and legal issues strategy across dozens of jurisdictions.

Elmiron Litigation (D.N.J.): Matt represents Janssen Pharmaceuticals in a litigation alleging that its medication Elmiron causes retinal degeneration. Matt led the effort to successfully strike a nationwide class at the pleading stage.

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.

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.

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.

Nitto Denko v. Hutchinson Technology (D. Minn.): Represented Nitto Denko in a patent infringement case involving “flexures” - circuits in hard disk drives.