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Matthew D. Levitt

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[email protected]

+1.617.348.1646

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Matt is a trial-tested litigator who is equally adept at handling sophisticated civil and securities litigation matters and defending clients facing allegations of False Claims Act violations and white collar crime. He shepherds clients through all phases of civil and criminal litigation, starting with pre-case counseling and including discovery, trial, and the appellate process. His practice also encompasses ancillary proceedings, including SEC investigations and corporate internal investigations. Matt represents public and private companies, executives, and other individuals from a variety of industries.

Matt’s practice encompasses a range of litigation matters, including False Claims Act defense, securities litigation, complex civil litigation, and white collar criminal defense. He regularly advises clients at all stages of civil and criminal litigation, from pre-litigation counseling and investigation through discovery, trial, and the appeals process.

In 2010, Matt was appointed as a Special Assistant District Attorney for Middlesex County while on a firm-sponsored leave of absence. In that role, Matt prosecuted hundreds of criminal cases, handled arraignments and bail arguments, argued motions to suppress, and took over a dozen cases to jury and jury-waived trials.

Before joining Mintz, Matt served as a law clerk to the Honorable Martha B. Sosman of the Supreme Judicial Court of Massachusetts. During law school, he also served as a law intern for the Honorable David N. Hurd, U.S. District Court for the Northern District of New York.

During law school, he served as editor-in-chief of the University of Pennsylvania Law Review.

Education

  • University of Pennsylvania Law School (JD, cum laude)
  • Brown University (BA, Political Science)

Experience

  • Defended a public pharmaceutical company and its officers against 10b claims and Section 11 claims arising out of a secondary public offering and successfully obtained a motion to dismiss these claims on behalf of our client.
  • Represented a pharmaceutical company and its former Board of Directors in claims that the Board breached its fiduciary duty by not maximizing the value of its shares in the merger transaction. The Mintz team negotiated an excellent settlement for the company and the Board.
  • Represented a private equity company and its principals in a highly contested derivative litigation in the Chancery Court of Delaware alleging breach of fiduciary duty claims by majority shareholders and management of the company.
  • Won a complete dismissal of a $360 million class action lawsuit alleging violations of RICO and the laws of over 25 states brought against one of the nation’s leading laboratories.
  • Represented a longshoreman against federal charges of falsifying records in connection with, and obstructing, a federal investigation. After a three-week jury trial, Matt’s client was acquitted of all charges.
  • Drafted, on behalf of a coalition of domestic violence organizations, an amicus brief to the United States Supreme Court that advocated a ban on gun possession by all offenders convicted of misdemeanor domestic violence. In United States v. Hayes, 129 S. Ct. 1079 (2009), the Supreme Court ultimately decided the case in favor of the position advanced in the amicus brief, with the majority citing the brief in the opinion.
  • Advised construction firms with litigation and compliance issues arising out of state and federal public works projects, including the “Big Dig” project in Boston.
  • Assisted in the successful defense of the nation’s largest hospital chain from an attempt to enjoin one of the largest leveraged buyouts in history.
  • Represented a pharmaceutical sales executive accused of conspiracy and anti-kickback statute violations. Following a lengthy government investigation into alleged Medicaid fraud, Matt assisted with a three-week federal criminal trial after which Matt’s client and all three codefendants were acquitted of all charges.

Performed compliance audits and internal investigations for various companies.

Recognition & Awards

  • Massachusetts Super Lawyers: Rising Star – Business Litigation (2012 – 2016)
  • Greater Boston Chamber of Commerce: Boston’s Future Leaders (2014)

Involvement

  • Member, Boston Bar Association
  • Member, Massachusetts Bar Association
  • Member, American Bar Association
  • Member, Massachusetts Association of Criminal Defense Lawyers
  • Member, Penn Law Boston Alumni Club Steering Committee

Recent Insights

News & Press

Viewpoints

A recent First Circuit decision raises the pleading bar for plaintiffs asserting violations of Section 11 of the Securities Act. Only would-be plaintiffs who acquired a security that is the direct subject of a prospectus and registration statement are entitled to sue under Section 11.
The Department of Health and Human Services (“HHS”) Office of Inspector General (“OIG”) recently released its Semiannual Report to Congress (“Report”), summarizing OIG’s activities for the six-month period ending on March 31, 2015.

News & Press

Fifty-three Mintz attorneys have been named Massachusetts Super Lawyers for 2016 and thirty-one have been named Massachusetts Rising Stars. The findings will be published in the November 2016 issue of Boston Magazine and in a stand-alone magazine, New England Super Lawyers.