Partner
Matthew W. Schmidt

Matthew W. Schmidt
Partner
- New York University School of Law, J.D.
- Georgetown University, B.S.B.A., magna cum laude
- New York
- California
- Southern District of New York
- Eastern District of New York
- Courts of Appeal for the Second Circuit
- Represented financial services company in employee raiding case across multiple fora, ultimately resulting in $130 million recovery for client
- Defended consumer company in shareholder derivative action, resulting in dismissal of case
- Defended consumer company in putative shareholder class action, resulting in denial of class certification
- Represented acquirer retail company in antitrust matters in connection with $9 billion acquisition
- Represented target private military contractor in antitrust matters in connection with $1.5 billion acquisition
- Advised private equity client in connection with $100 million investment in distressed retail company
- Defended client in Computer Fraud and Abuse Act action seeking in excess of $20 million in damages, resulting in settlement of more than $1 million settlement in favor of client
- Represented real estate company in dispute over ownership of $200 million luxury resort, resulting in $75 million swing in value in favor of client
- Defended senior entertainment executive in theft of trade secrets action, including claims under Defend Trade Secrets Act
- Advised financial services client in connection with governmental investigation regarding law firm client dissolution
- Represented internet startup in partnership dispute
- Defended oil pipeline technology company in shareholder derivative action
- Represented law firm in partnership dissolution
- “Think Like A Pilgrim: Striking The Right Balance Of Legalese In Client Communications,” Above the Law, November 25, 2016
- “Don’t Get Stuck In Your Processes,” Above the Law, November 18, 2016
- “Be Efficient With What You Know: You Can’t Remember Everything, and You Don’t Need To,” Above the Law, August 5, 2016
- “Staying Aggressive: Maximize the Chance of Winning, Don’t Worry About Looking Good,” Above the Law, June 10, 2016
- “‘Objection To Form’: The Value of Specific Objections at Depositions,” Above the Law, April 29, 2016
- “Elements of an Insider Trading Claim,” Insider Trading Law and Compliance Answer Book (Practising Law Institute), 2011–15 (contributor)
- “Tender Offers,” Insider Trading Law and Compliance Answer Book (Practising Law Institute), 2011–15 (contributor)
E: matthew.schmidt@balestrierefariello.com
T: +1.415.966.2656
T: +1.212.374-5421
F: +1.646.430.8228
Matthew W. Schmidt is a trial lawyer at Balestriere Fariello who litigates complex commercial and other cases in state and federal courts and in arbitration. He represents clients in all stages of litigation and counsels clients in areas including insider trading, fiduciary duty, Delaware derivative and corporate law, the Private Securities Litigation Reform Act, antitrust law, corporate governance, channel stuffing, employee poaching, internal investigations, and civil RICO.
In his pro bono practice, Mr. Schmidt was a key team member in a successful historic class action, in conjunction with the New York Civil Liberties Union, on behalf of indigent criminal defendants against the State of New York and five upstate counties seeking systemic reform of the State’s public defense system. He also obtained asylum for an Afghan UN worker who had fled his country after receiving credible death threats from the Taliban.
Mr. Schmidt was previously associated with Schulte Roth & Zabel LLP, where his practice focused on securities, derivative, and commercial litigation on behalf of publicly- and privately-held companies, their directors and officers, and financial services industry clients.
Mr. Schmidt graduated from the New York University School of Law, where he was Articles Editor of the Journal of Law and Liberty. He obtained his B.S.B.A. in Finance, magna cum laude, from Georgetown University, where he was a member of Beta Gamma Sigma business honors society and a varsity oarsman on the lightweight crew team.