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

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. Mr. Freimuth 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. Mr. Freimuth is recognized by Best Lawyers for his work in antitrust.

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Experience

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

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

  • 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)
     
     

Antitrust and Intellectual Property

  • Represented Pfizer/Hospira in two separate patent infringement suits related to epinephrine injectable products, including a federal trial court victory and successful appeal before the Federal Circuit.
  • Defended Insulet Corporation in patent infringement litigation related to its Omnipod disposable insulin pump system.
  • Defended MasterCard against price-fixing, tying, and exclusive dealing class action claims and related state and federal regulatory proceedings.
  • 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.

Investigations

  • Conducted investigation on behalf of public company board in connection with whistleblower allegations of fraud, nepotism and violations of corporate gifting policies by certain employees.
  • Conducted investigation on behalf of multi-national insurance company in connection with alleged scheme to submit fraudulent claims.
  • Represented public financial services company in connection with SEC investigation concerning alleged violations of the Advisers Act and multi-forum follow-on civil litigation.
  • Represented independent directors of investment adviser in connection with an internal investigation related to alleged violations of the Advisers Act.
  • Conducted an investigation on behalf of investment adviser regarding allegations of misappropriation of confidential information and corporate assets by principal. 
  • Represented the Independent board members of First Energy Solutions to investigate potential claims against corporate parent in connection with restructuring efforts.

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 the American Idol and So You Think You Can Dance television series, 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.
 

Credentials

Education


Georgetown University Law Center, J.D., 2001 Worcester Polytechnic Institute, B.S., 1998

Bar Admissions


New York Connecticut

Court Admissions


United States District Court, Northern District of New York United States District Court, Eastern District of New York United States District Court, Southern District of New York United States District Court, District of Connecticut United States Court of Appeals, 2nd Circuit