Los Angeles:
400 South Hope Street
Los Angeles, CA 90071
Phone+1-213-430-7213
Fax+1-213-430-6407

 

Matthew W. Close

Partner


Matthew Close is a partner in O’Melveny’s Los Angeles office and a member of the Securities Litigation and Financial Services Practices. His diverse litigation practice focuses on representing corporations, directors and officers, and financial advisors in securities class action, derivative, corporate governance, breach of duty, merger and acquisition, and asset sale litigation, as well as in government and special committee investigations. Matt also regularly litigates commercial disputes, consumer class actions, unfair competition and deceptive trade practice actions, and Attorney General proceedings nationwide that affect the financial services industry, including numerous matters involving loan servicing and mortgage-backed securities. In addition, Matt maintains an active real estate litigation practice representing owners, developers, lenders, and commercial tenants in development, financing, eminent domain, and rent-setting disputes.

During his career, Matt has handled many securities, merger, and joint venture disputes with international parties, including a decade-long, multibillion Euro dispute with claims asserted in four different states and three different countries. Matt is also a frequent commentator in the national and international press on the ways US securities laws and public company regulation impact how foreign companies raise and deploy capital. For example, Matt served as an authority on the implications of the US Supreme Court decision, Morrison v. National Australia Bank, Ltd, and also was featured in a Finance Asia story on the growing number of securities class actions filed against Chinese companies listed in the United States. Matt’s articles have been published in Bloomberg Law Reports, the Los Angeles Daily Journal and International Financial Law Review, and he was chosen for a “2012 Distinguished Legal Writing Award” by the Burton Awards for Legal Achievement, which is run in conjunction with the Library of Congress. The group holds an annual contest to recognize the best legal writing from the nation’s top 1,000 law firms. Matt also has served as a faculty member for the Practising Law Institute’s Securities Litigation program, and currently serves on the Executive Committee of the Federal Bar Association in Los Angeles.

Illustrative Professional Experience

Securities, Derivative, Fiduciary Duty and M&A

  • Lead defense counsel in connection with securities class action, shareholder opt-out, RICO, breach of duty, and mismanagement lawsuits arising from the bankruptcy of a publicly held European joint venture company
  • Lead counsel in obtaining dismissal of claims alleging that a telecommunications company aided and abetted breaches of fiduciary duty and accounting fraud
  • Lead counsel for buyer in successful defense of Delaware Chancery Court merger litigation seeking to enjoin tender offer for public life sciences company
  • Lead litigation counsel for Special Committee of dairy products company’s board of directors in connection with going-private transaction
  • Lead litigation counsel for public electronic components company and its board of directors in connection with US$1 billion sale to foreign buyer
  • Lead litigation counsel for China-based agricultural company in defense of securities and breach of duty litigation in Delaware arising from going-private transaction
  • Lead counsel for public semiconductor company in connection with SEC investigation into officer stock sales
  • Lead counsel for a hedge fund in obtaining dismissal of a Section 16(b) short-swing profit lawsuit
  • Lead counsel for a consumer electronics company Audit Committee chairman in securities and derivative litigation
  • Lead counsel for financial advisor in connection with M&A litigation
  • Lead counsel for a global entertainment company in post-acquisition dispute with selling shareholders
  • Counsel to a telecommunications company in securities litigation arising from US$20 billion strategic merger
  • Defense counsel in multidistrict litigation alleging successor liability claims arising from post-merger asset sale transactions
  • Represented a Special Litigation Committee of a consumer electronics company in its internal investigation and successful motion to dismiss derivative claims
  • Counsel in successful defense of a telecommunications company against securities fraud claims arising from its debt exchange offer
  • Counsel to a software company in takeover litigation
  • Advised Audit Committee of a semiconductor company in connection with securities litigation and parallel SEC investigation
  • Represented a sporting goods company in connection with criminal fraud investigation
  • Defended a company accused of using false financial statements to induce US$1.5 billion asset sale
  • Represented Executive Vice President of Fortune 50 technology company in connection with securities fraud and derivative litigation arising from US$10 billion acquisition of foreign public company and subsequent impairment charges

Financial Services

  • Counsel for a national bank in multiple Attorney General lawsuits and private class actions challenging mortgage servicing practices
  • Defense counsel for national bank in numerous cases filed by RMBS investors including multidistrict litigation proceedings
  • Counsel to bank holding company in connection with government inquiries into mortgage-backed securitizations
  • Lead counsel for a corporate pension plan defrauded in a Ponzi scheme
  • Lead counsel for commodity trading company during Attorney General investigation into unfair competition allegations
  • Lead counsel for international finance company in dispute with project developers
  • Counsel for leading financial industry trade group and mortgage servicer in connection with municipal proposals to seize mortgages through eminent domain
  • Counsel to financial advisor in litigation with marketing and distribution partners

Commercial and Consumer

  • Lead trial counsel for a consumer electronics company in successful prosecution of fraud claim
  • Lead counsel in litigation and arbitration between a skincare company and its founder involving tort, contract, and trademark claims
  • Counsel to a medical device manufacturer in false advertising and unfair competition litigation, product liability class actions, and license disputes
  • Counsel to a health insurance company in nationwide class action challenging claims handling practices
  • Represented a government contractor in joint venture and misappropriation of trade secret disputes

Real Estate

  • Lead counsel for a major studio in a real estate rent and lease termination fee dispute
  • Lead appellate counsel for property owners in land use and takings litigation
  • Lead litigation counsel for operator of solar energy project
  • Obtained summary judgment for a national retail chain sued in a multimillion dollar real estate lease and purchase agreement dispute
  • Counsel for mobile home park owner in multiple cases challenging local development and rent control regulations
  • Counsel in multiple cases involving partnership and royalty disputes

Professional Activities

Law Clerk, Honorable Mariana R. Pfaelzer, US District Court for the Central District of California
Member, Federal Bar Association, Los Angeles Chapter (Executive Committee and Secretary, 2014; Board of Directors, 2011-2014); Los Angeles County Bar Association, Appellate Courts Committee
Honors, Named one of 10 “Rising Stars Under 40,” nationwide, in the field of securities litigation by Securities Law360; Recipient of a “2012 Distinguished Legal Writing Award” by the Burton Awards for Legal Achievement, run in conjunction with the Library of Congress

University of California at Berkeley, Boalt Hall School of Law, J.D.: Order of the Coif

University of Pennsylvania, Wharton School, B.S.: magna cum laude


California