Matthew
Bush

Appellate

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

Radovic v. Union Carbide (NY 1st Dep't): Matt is lead appellate counsel for The Dow Chemical Company subsidiary, Union Carbide, in an appeal of a denial of summary judgment where no admissible evidence connected the plaintiff to exposure to Union Carbide's product.

Rite Aid v. Smith Street Realty LLC (NY 2nd Dep't). Representing Smith Street Realty LLC, Matt successfully convinced the Second Department to dismiss the appeal as moot in a case involving a tenant seeking to reverse the lower court's denial of a request to block an eviction.

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 an individual on appeal in an excessive force and false arrest § 1983 case.

People v. Laboy (NY 1st Dep't): Represented a criminal defendant in an appeal from his conviction.

Trials

MDR Hotels v. The Dow Chem. Co. (C.D. Cal.): Matt served as first chair trial counsel representing The Dow Chemical Company in a federal bench trial defending against $45 million claims stemming from complications the plaintiff encountered constructing a hotel on top of a 90-year-old abandoned oil well.

Matthey v. Johnson & Johnson (Fla. Cir.): Matt was part of the trial team representing Johnson & Johnson 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 representing Johnson & Johnson 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 The Dow Chemical Company subsidiary, Union Carbide, 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.

In re Red River Talc LLC. (S.D. Tex. Bank.): Matt was part of the trial team at the confirmation hearing seeking approval for a bankruptcy plan for resolve the Johnson's Baby Power talc litigation for ovarian cancer and other gynecological cancer claims for $10 billion.

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.

Multi-District 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.

Social Media Litigation: Matt is a member of the team representing TikTok and ByteDance in multi-district litigation alleging that various social media platforms causes addiction and leads to various personal injuries to adolescents.

Elmiron Litigation: Matt represented Janssen Pharmaceuticals in a litigation alleging that its medication Elmiron causes retinal degeneration. As part of that litigation Matt led the effort to successfully strike a nationwide class at the pleading stage.

Litigation:

Canadian Breaks v. JPMorgan (N.D. Tex): Matt represents JPMorgan in a lawsuit related to whether a wind farm in Texas was excused from its obligations under its hedge contract due to 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.