Matthew S. Leddicotte

Matthew has over 20 years of experience representing clients in large-scale and high-stakes complex litigation, international arbitration, and investigations.

He represents domestic and multinational clients in all phases of federal and state litigation, from case inception through trial and appeal (including to the U.S. Supreme Court). He helps clients navigate intricate commercial disputes, as well as international law and federal government regulation issues. His litigation matters typically involve questions under a variety of laws, including antitrust laws (including price-fixing, monopolization, reverse-payment, product-hopping, and merger cases), the Anti-Terrorism Act (ATA), the Foreign Sovereign Immunities Act (FSIA), and the Alien Tort Statute (ATS). Many of the cases he handles are class actions, often consolidated in multi-district litigation (MDL) proceedings. His clients include U.S. and multinational corporations, international financial institutions, foreign states and their state-owned entities, and foreign development banks throughout the United States, Europe, the Middle East, and Asia.

Matthew combines his extensive litigation and trial experience with media and government engagement strategies, including representing clients' interests before the U.S. Solicitor General, U.S. Department of State, Members of Congress, and other government officials.

Matthew also represents clients in commercial and international-treaty arbitration (including at the annulment and enforcement phases) in proceedings before the International Chamber of Commerce (ICC), the International Centre for Settlement of Investment Disputes (ICSID), the Swiss Arbitration Center, and the Vienna International Arbitration Centre (VIAC).

In addition to litigation and arbitration matters, Matthew also has in-depth experience advising clients facing civil and criminal governmental investigations, internal audits and investigations, and other enforcement and regulatory matters (including before the U.S. Department of Justice, Federal Trade Commission, and the Commodity Futures Trading Commission). 

Matthew regularly counsels clients on regulatory compliance and reporting requirements under the Foreign Agents Registration Act (FARA).

Representative Matters

• Lead counsel in successful defense of global pharmaceutical companies in class-action litigation alleging anticompetitive “product hopping” and monopolization under 26 state laws. Obtained rarely-granted interlocutory review of class certification decision resulting in precedent-setting win before the U.S. Court of Appeals for the First Circuit that reversed class certification and established limits under the Seventh Amendment and the Rules Enabling Act for uninjured class members in class actions.
• Lead counsel in successful defense of premier multinational bank in multi-district litigation alleging financial support of terrorism and raising claims under the Anti-Terrorism Act and Alien Tort Statute. Won pre-trial dismissal of all claims (over $1 billion) in the U.S. District Court for the Southern District of New York; dismissal sustained on appeal by the U.S. Court of Appeals for the Second Circuit and successfully opposed U.S. Supreme Court review.
• Lead counsel defending African nation in the same litigation, raising issues of lack of subject-matter jurisdiction under the Foreign Sovereign Immunities Act.
• Lead counsel in successful defense of a government-owned, multinational commercial bank in the Middle East facing civil litigation under the Anti-Terrorism Act. Complaint dismissed for failure to state a claim.
• Successful representation of a large international travel agency on appeal and on remand in district court. The U.S. Court of Appeals for the Fourth Circuit vacated a $10 million judgment based on spoliation sanction. Bench trial resulted in not reimposing sanctions and an over-80% reduction in lost-profits damages.
• Lead counsel defending multinational pharmaceutical manufacturer in antitrust class-action challenge to a patent litigation settlement agreement, an alleged anticompetitive “reverse payment,” between the manufacturer and a generic manufacturer. Achieved pre-trial settlement of 26 putative class-action and four presumptive opt-out lawsuits, as well as voluntarily dismissal of California state enforcement action.
• Lead trial and appellate counsel defending one of the largest U.S. health insurance providers against claims brought by the U.S. Department of Justice (DOJ) to block the then-largest merger in the industry.
• Lead counsel in successful defense of foreign media company against defamation claims of an individual plaintiff. Achieved voluntary dismissal of all claims with prejudice and without need for jurisdictional discovery authorized by court.
• Lead counsel defending foreign state-owned bank against claims brought under the Anti-Terrorism Act and raising issues of lack of subject-matter jurisdiction under the Foreign Sovereign Immunities Act.
• Lead counsel defending a foreign semiconductor manufacturer in class-action civil litigation and DOJ criminal grand jury investigation alleging a price-fixing cartel in SRAM products.
• Defended senior executive of a Jones Act shipping company in a DOJ price-fixing cartel investigation and follow-on shareholder class action alleging securities fraud; won dismissal of claims in the U.S. District Court for the District of Delaware and won appeal in the U.S. Court of Appeals for the Third Circuit.
• Represented a global financial institution before the DOJ and Commodity Futures Trading Commission (CFTC) in connection with investigations into possible violations of federal and state antitrust and fraud laws, as well as the Commodities Exchange Act, arising from the institution's activities related to benchmark interest rates including LIBOR and EURIBOR.
• Successfully secured the dismissal of approximately $510 million in claims against a Southeast Asian nation in an investment-treaty arbitration before the International Centre for Settlement of Investment Disputes (ICSID) and approximately $585 million in claims in a related international commercial arbitration before the International Court of Arbitration of the International Chamber of Commerce (ICC). The arbitrations related to a concession to construct and operate an international airport passenger terminal.
• Successfully defended a foreign energy company in a Swiss Rules arbitration and related litigation in the New York Supreme Court brought by its partners alleging breaches of contractual and fiduciary duties in connection with a joint venture to construct and operate two gas-fired power plants in the Russian Federation.
• Successful defense of Central Asian country and commercial entities in a Vienna Centre arbitration of a dispute arising out of joint venture agreement to distribute beverage products; claims dismissed.
• Counseled international bank in connecting with an internal review of its compliance with sanctions and anti-money laundering regimes, and an assessment of its related controls.
• Represented foreign state development corporation regarding potential new sanctions legislation that could affect its activities.
• Represented politically exposed person in their personal capacity regarding commercial interests, strategic media relations, and international matrimonial issues.
• Represented special committee of the board of directors of Fortune 50 company in an internal investigation regarding shareholder derivative demand alleging breaches of fiduciary duties arising out of complex accounting issues.

Professional Experience

• Counsel (2014-2023); Associate (2002-2013); Law Clerk (2001-2002); Summer Associate (2001) in Washington, DC; New York; and London offices of a large New York-based law firm.

Recognitions

• Named a “Litigator of the Week” by Global Competition Review for securing reversal of class certification in pharmaceutical product-hopping litigation (2018), which was recognized as one of Law360’s “Top Antitrust Cases of 2018” and First Place in “Standout” category of the Financial Times Innovative Lawyers North America 2019.