Matthew Papez is a litigation and trial attorney with nearly 20 years of experience representing clients in highly complex matters in courts and before arbitration panels throughout the country. He has successfully represented clients in a wide variety of litigation matters involving product liability, contract disputes, fraud, trade secrets misappropriation, securities fraud, corporate governance and merger litigation, fraudulent conveyance claims, and environmental torts.
Throughout his career, Matthew has served as litigation and trial counsel for numerous Fortune 500 clients, including Boeing, FTI Consulting, Chipotle Mexican Grill, Raytheon, Siemens, Verizon, Honeywell, and others. Some of his recent representations include: serving as lead trial counsel in a confidential arbitration in which he obtained a full recovery and an award of attorneys' fees for the client; obtaining a dismissal of all claims in a shareholder derivative lawsuit seeking recoupment of hundreds of millions of dollars of executive and director compensation, including claims that challenged self-interested compensation decisions; representing an aerospace company in a lawsuit alleging misappropriation of confidential information arising out of an award of a $1.1 billion government contract; defeating a preliminary injunction motion seeking to enjoin a $4.7 billion corporate transaction; and representing an airplane manufacturer in product liability cases arising out of aviation accidents in the Netherlands, Colombia, Nigeria, Afghanistan, and Russia.
Matthew has been repeatedly recognized in The Legal 500 US, where clients have described him as "unique in his acceptance of challenges" and as an advocate with "remarkable legal talent, personality and determination."
Experience
The following represents experience acquired prior to joining Jones Day.
Commercial and Trade Secrets Litigation
Lead trial counsel for claimant in a confidential arbitration seeking recovery for breach of contract. Obtained full recovery for claimant, defeated respondent's counterclaims, and obtained a discretionary award of attorneys' fees.
Litigation counsel for The Boeing Company in litigation brought by a former Boeing subcontractor alleging breach of contract and misappropriation of confidential information arising out of the United States Air Force's award of a multi-year, $1.1 billion government contract.
Litigation counsel for Hess Corporation in several cases alleging environmental contamination arising out of the alleged improper storage of gasoline.
Litigation counsel for Honeywell International in a breach of contract and trade secrets misappropriation case against a former high-level employee who left Honeywell to work for one of its competitors. Settled on confidential terms after obtaining a temporary restraining order against the former employee.
Trial counsel in a confidential arbitration involving alleged federal RICO violations, breach of contract, misappropriation of trade secrets, and other claims arising out of a dispute regarding coal-fired power plant technology.
Litigation counsel for third-party defendant, TOUSA Inc., in a multiparty commercial dispute arising out of TOUSA's bankruptcy. Briefed and argued successful summary judgment motion on lenders' breach of contract claims seeking $500 million in damages. Also briefed and argued a successful motion to strike a separate $420 million claim for indemnification asserted by a different group of third-party plaintiffs.
Trial counsel for defendant The Raytheon Company in a class action alleging violations of the Labor Management Relations Act relating to retiree health care benefits. Retained as trial counsel four weeks before trial. The case settled after a hung jury.
Appellate counsel for defendant-appellee Siemens Corporation in a case alleging breach of contract, fraud, and breach of stock option agreements. On appeal, successfully defended summary judgment in Siemens' favor on all counts.
Litigation counsel for defendant Siemens AG in a case alleging breach of contract and fraud. Successfully moved to dismiss the case.
Litigation and trial counsel for defendant Honeywell International in a civil fraud case. After a seven-week jury trial in which the plaintiff sought hundreds of millions of dollars in damages, the jury returned a complete defense verdict.
Litigation counsel for defendants AOL and Time Warner in a case alleging fraud and breach of contract. Obtained dismissal of the claims against defendant Time Warner on Rule 12(b)(6) grounds, and obtained dismissal of the claims against defendant AOL on Rule 37 grounds.
Litigation counsel for plaintiff Siemens B.V. in a breach of contract case. Briefed and argued summary judgment motion for plaintiff. The court granted the summary judgment motion and awarded millions of dollars in damages.
Product Liability Litigation
Counsel for defendant The Boeing Company in products liability litigation arising out of several aviation accidents, including: the February 25, 2009 accident of a Boeing 737 operated by Turkish Airlines, which crashed on final approach to Amsterdam, the Netherlands; the April 29, 2013 accident of a Boeing 747 operated by National Airlines, which crashed immediately after takeoff from Bagram Air Force Base in Afghanistan; the June 3, 2012 accident of an MD-80 operated by Dana Air, which crashed on final approach to Lagos, Nigeria; and the July 7, 2008 accident of a Boeing 747 operated by Kalitta Air, which crashed shortly after takeoff from Bogota, Colombia.
Counsel for defendant The Boeing Company in litigation in Moscow, Russia arising out of: two incidents on Boeing 737s operated by Orenburg Airlines, both of which returned to the airport following emergency turn-backs, and the September 14, 2008 accident of a Boeing 737 operated by Aeroflot-Nord, which crashed on final approach to Perm, Russia. Successfully obtained judgment on the merits for Boeing in both matters in the Russian courts.
Corporate Governance and Merger Litigation
Litigation counsel for Chipotle Mexican Grill and its officers and directors in a shareholder derivative lawsuit seeking recoupment of hundreds of millions of dollars of executive and director compensation. Obtained dismissal of all claims with prejudice, including claims that challenged self-interested compensation decisions.
Litigation counsel for a consortium of investors in litigation brought by shareholders of Cleco Corporation regarding the investors' $4.7 billion acquisition of Cleco. Defeated plaintiffs' preliminary injunction motion seeking to enjoin Cleco shareholder vote, and successfully moved to dismiss the complaint after the shareholder vote.
Litigation counsel for Questar Corporation and its directors in litigation brought by Questar shareholders seeking to enjoin Dominion Resources, Inc.'s $4.4 billion acquisition of Questar.
Litigation counsel for Exelon Corporation in a lawsuit brought by shareholders of Pepco Holdings arising out of Exelon's $6.8 billion acquisition of Pepco.
Litigation counsel for current and former directors of Affinity Gaming in a case alleging breach of contract and breach of fiduciary duties arising out of the company's conversion from a limited liability company into a corporation and its adoption of a shareholder rights agreement. Successfully moved to dismiss several claims, and the case settled shortly afterward.
Litigation counsel for Perini Corporation in a shareholder class action seeking injunctive relief and damages in connection with the $860 million merger between Perini Corporation and Tutor-Saliba. Successfully opposed an attempt to enjoin the merger. Plaintiff's damages claims were later dismissed.
Litigation counsel for defendant Verizon Communications in a case alleging fiduciary duty claims arising out of the bankruptcy of Flag Telecommunications Holdings. Successfully moved to dismiss the claims against Verizon.
Securities Litigation
Litigation counsel for defendants ESL Partners and Edward Lampert in a securities fraud case in connection with the merger of Kmart and Sears. Obtained summary judgment for ESL Partners and Mr. Lampert.
Litigation counsel for defendant CompuCredit Corporation, a credit and financial services provider, in a securities fraud case. Successfully moved to dismiss the complaint.
Litigation counsel for defendant Verizon Communications in securities fraud cases arising out of the bankruptcy of Genuity, Inc. (successfully moved to dismiss the complaint) and out of the bankruptcy of Flag Telecommunications Holdings (successfully moved to dismiss the claims against Verizon).
Additional Speaking Engagements
- October 25, 2018
Aviation Hot Topics: Litigation, Regulatory, and Legislative Developments Facing the Aviation Industry, West LegalEdcenter
- Harvard University (J.D. cum laude 1999; Notes Editor, Harvard Law Review); University of Nevada (B.S. in Civil Engineering 1996; Herz Gold Medal, awarded to the valedictorian of the graduating class)
- District of Columbia, Nevada, U.S. Courts of Appeals for the Fourth and Ninth Circuits, and U.S. District Courts for the District of Nevada, Northern District of Oklahoma, District of Colorado, and District of Columbia
- Repeatedly recognized in The Legal 500 US for product liability and mass tort defense — aerospace/aviation and for trade secrets
- Law Clerk to Chief Judge Procter Hug Jr., U.S. Court of Appeals, Ninth Circuit (1999-2000)