"He is an excellent oral and written advocate. He also sees the bigger picture and provides practical, common sense advice on extremely difficult matters."Chambers USA
A National Law Journal "Litigation Trailblazer," American Lawyer "Litigator of the Week" and three-time Law360 "MVP," Matthew Ingber is Managing Partner of Mayer Brown’s New York office, where he has practiced for more than 20 years. Matthew previously served as a co-leader of the firm’s global Litigation & Dispute Resolution and global Banking & Finance Litigation practices.
Matthew represents financial institutions, major corporations, technology companies and individuals in complex, sensitive and high-profile litigation matters. He conducts a general litigation practice before state and federal courts, with cases ranging from complex commercial disputes to civil and criminal securities fraud actions and cutting-edge intellectual property matters. Matthew performs internal corporate investigations on behalf of various boards and special committees, represents securitization trustees in residential mortgage-backed securities matters, represents technology companies in high stakes copyright infringement actions, represents issuers and underwriters in federal securities class actions, and represents individuals and corporations in connection with criminal and regulatory investigations and related civil proceedings. He has served as lead trial counsel in several cases in federal and state courts.
Matthew’s recent client victories include:
- Winning a jury trial on behalf of a CMBS bond trader charged by the SEC with civil securities fraud;
- Securing the return of a multimillion dollar mistaken wire payment on behalf of a financial services client after a hard-fought two-week bench trial and appeal;
- Winning the first trial against an RMBS trustee arising out of the financial crisis;
- Successfully representing a telecommunications company in connection with a series of securities and shareholder derivative lawsuits; and
- Winning a nine-week trial involving a securitization trustee’s conduct in entering into a landmark private-label RMBS settlement;
Matthew also represents various pro bono clients, including individuals in asylum, civil rights and death penalty cases. Most recently, Matthew and a team of Mayer Brown lawyers convinced the US Department of Homeland Security to grant asylum to a Nigerian family (including their chess-prodigy son) that escaped Boko Haram.
- Represented Citibank in two-week bench trial and related appeal arising out of $1 billion mistaken wire transfer, resulting in return of all mistakenly-transferred funds. In re Citibank August 11, 2020 Wire Transfers, S.D.N.Y. 2020.
- Represented James Im, a former CMBS bond trader at Nomura Securities International, in connection with an SEC-initiated lawsuit alleging federal securities fraud arising out of statements to trading counterparties about acquisition price and ownership. These allegations mirrored criminal charges brought by the DOJ against RMBS traders. After a two-week trial, a Manhattan jury determined that the SEC failed to prove that Mr. Im’s admitted lies amounted to even a civil violation.
- Representing securitization trustees in several litigations, pending in various jurisdictions, arising out of their role as securitization trustee in residential mortgage-backed securities.
- In 2017, secured a total trial victory for BNY Mellon in the first financial crisis-era case against a securitization trustee to go trial. Reported by the financial press as a “wipeout win in first trial of noteholder claims,” the victory followed a three-week trial in Ohio state court.
- Won a motion to dismiss on behalf of Frontier Communications in securities fraud lawsuit arising out of acquisition of Verizon assets; successfully represented client in related (and subsequently dismissed) shareholder derivative actions. In re Frontier Communications Corp. Stockholders Litigation, D. CT. 2017.
- In January 2014, after a nine-week trial widely reported in the financial and legal press, secured a victory for a securitization trustee when the New York State Supreme Court overwhelmingly approved an $8.5 billion settlement entered into by the trustee, Countrywide and Bank of America. Matthew was the lead Mayer Brown litigator who helped negotiate and then defend the settlement on behalf of the client.
- Represented an online gaming platform in connection with a New York Attorney General investigation into potential violations of the Children’s Online Privacy Protection Act (“COPPA”).
- Represented BNY Mellon in all aspects of litigation and SEC and CFTC investigations relating to the bankruptcy of Sentinel Management Group. Matthew, as co-lead counsel, won a trial victory for BNY Mellon when a federal district judge, after a month-long bench trial on the bankruptcy trustee's $500 million claims for fraudulent and preferential transfers and equitable subordination, rejected all of the trustee's claims. The case eventually settled after various appeals. (Grede v. The Bank of New York et al., N.D. Ill. 2010)
- Represented ACE American Insurance Company in a putative class action asserting claims under the Telephone Consumer Protection Act.
- Won summary judgment for YouTube and its parent, Google, in a billion-dollar copyright infringement suit brought by Viacom in federal district court in New York. The Washington Post called the win "an immense legal victory" for Google, and The New York Times observed that "the ruling in the closely watched case could have major implications for the scores of Internet sites" that rely on user-generated content. (Viacom et al. v. Google et al., S.D.N.Y. 2010)
- Won acquittal on all counts for an NYSE specialist broker accused of securities fraud in a two-week jury trial. The Wall Street Journal noted that the victory was the government's "first defeat in prosecutions of allegedly improper trading activity on the New York Stock Exchange." (U.S. v. Scavone, S.D.N.Y. 2006)
- Representing Altice USA in a putative class action asserting claims under the Computer Fraud and Abuse Act.
- Represented BNY Mellon in all aspects of litigation and SEC and CFTC investigations relating to the bankruptcy of Sentinel Management Group. Matthew, as co-lead counsel, won a trial victory for BNY Mellon when a federal district judge, after a month-long bench trial on the bankruptcy trustee's $500 million claims for fraudulent and preferential transfers and equitable subordination, rejected all of the trustee's claims. The case is now on remand to the district court. (Grede v. The Bank of New York et al., N.D. Ill. 2010)
- Represented a multinational corporation in connection with an internal investigation relating to irregularities in the management of employee benefit plans for the corporation's US subsidiaries.
- Represented a leading education and finance company in connection with investigations of the student loan industry by the attorneys general of ten states and various congressional committees.
- Lead trial counsel in successful Section 1983 civil rights action against the State of New York.
- Represented a Big Four accounting firm in connection with litigation arising out of its audit of a company accused of orchestrating a $600 million Ponzi scheme.
- Represented a UK television auction channel in a trade secret misappropriation and breach of contract matter.
- Represented major soft-drink manufacturer in tortious interference and breach of contract matter.
- Won a motion to dismiss with prejudice for all defendants in a Rule 10b-5 class action, In re eSpeed Securities Litigation, No. 05 Civ. 2091 (S.D.N.Y. 2006).
- Won a motion to dismiss with prejudice for all defendants in a Rule 10b-5 action, Abbad v. Amman, 285 F. Supp. 2d 411 (S.D.N.Y. 2003); the decision was affirmed on appeal in Abbad v. Amman, No. 03-9169, 2004 U.S. App. LEXIS 21033 (2d Cir. Oct. 8, 2004).
- Won summary judgment for a major banking client in a lender liability action.
The George Washington University Law School, JD, with honors
Articles Editor, The George Washington Journal of International Law and Economics
University of Pennsylvania, BA, magna cum laude with distinction
- US District Court for the Northern District of Illinois
- US Court of Appeals for the Tenth Circuit
- Member, Board of Directors, The Legal Aid Society
- New York Lawyers for the Public Interest, Pro Bono Advisory Council, 2005 to date