Matthew Freimuth

Partner

New York
Willkie Farr & Gallagher LLP
787 Seventh Avenue
New York, NY 10019-6099
T 212 728 8183
F 212 728 9183
mfreimuthwillkie.com

Matthew Freimuth is a partner in the Litigation Department and focuses on representing clients in antitrust and intellectual property matters, as well as in complex commercial disputes in the areas of bankruptcy, insurance and securities. Matthew has particular experience representing clients in large multi-forum matters, class actions, and in connection with significant internal investigations.

Matthew is also member of the firm’s Antitrust Practice Group. His antitrust practice focuses on class action litigation, regulatory investigations, mergers, compliance, and client counseling. He regularly appears in federal court and before the DOJ, FTC, and several state attorneys general on a variety of enforcement matters. Matthew also regularly advises clients on issues of standard setting and advises pharmaceutical clients on antitrust issues related to so-called “reverse payment” patent settlements within the Hatch-Waxman regulatory framework. 

Matthew is recognized by Best Lawyers for his work in antitrust.

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Matthew Freimuth is a partner in the Litigation Department and focuses on representing clients in antitrust and intellectual property matters, as well as in complex commercial disputes in the areas of bankruptcy, insurance and securities. Matthew has particular experience representing clients in large multi-forum matters, class actions, and in connection with significant internal investigations.

Selected Significant Matters

Antitrust and Intellectual Property

  • Defended MasterCard against price-fixing, tying, and exclusive dealing class-action claims and related state and federal regulatory proceedings (see In Re Swipe Fee Litigation, American Lawyer "Big Suits" column, 10/2012).
  • Represented Silver Lake Management in defense against antitrust class-action challenging alleging joint bidding for acquisition of public companies, and related Department of Justice inquiry.
  • Additional antitrust matters: Represented global pharmaceutical company in a nationwide class action asserting antitrust claims related to the settlement of a patent dispute; represented a regional food distributor in a price discrimination action under the Robinson-Patman Act; and represented a global spirits manufacturer in a governmental investigation into potential violations of state and federal antitrust laws.
  • Represented Pfizer/Hospira in two separate patent infringement suits related to epinephrine injectable products.
Complex Commercial Litigation
  • Represented Relativity Media in litigation against Netflix related to content licensing.
  • Represented the Independent board members of First Energy Solutions in connection with restructuring efforts.
  • Represented CORE Media Group Inc., an entertainment content company that owns, produces and develops, and its affiliated debtors in its chapter 11 bankruptcy cases.
  • Represented SPSO, an investment vehicle formed by Mr. Charles Ergen, in LightSquared adversary proceeding and plan confirmation dispute over approximately $1 billion investment.
  • Represented clients in a variety of other commercial litigation matters, including: representation of a loan servicer in two lender liability actions; representation of a state agency in action for fraud, conversion and breach of fiduciary duties against directors and officers of an insolvent insurance company; and representation of an audit committee of a software company under investigation for alleged accounting and reporting irregularities.

Prior Experience

Prior to joining Willkie, Matthew was with Hunton & Williams (2005-2009) and Dewey Ballantine LLP (2001-2005).

Selected Professional and Business Activities

Matthew is a member of the American Bar Association (Antitrust Section) and the New York State Bar Association.

Selected Publications and Lectures

  • Presented “Hot Topics in Antitrust” for Lawline (February 2016)
  • Presented “Hot Topics At the Intersection of Intellectual Property and Antitrust” for Lawline (April 20, 2015)
  • "In re Text Messaging Antitrust Litigation," Antitrust Practitioner (May 2011)
  • "Review Of 2009 Antitrust Case Law," Competition Law360 (January 15, 2010)
  • "Sotomayor’s Approach To Antitrust," Competition Law360 (July 9, 2009)
  • "Life After ‘Twombly’," New York Law Journal (June 16, 2008)
  • "Antitrust Disputes Nixed: SEC Governs IPO Underwritings," New York Law Journal (August 23, 2007)
  • "Settlement Class Certification: Application of a More Flexible Certification Standard Since AmChem," Antitrust Practitioner (July 2006)

Publications / News / Events

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