Matan Shacham defends individuals and businesses in high-stakes, complex civil litigation and criminal matters. He has extensive experience litigating cases involving a wide range of subject-areas—including securities, professional liability, intellectual property, antitrust, and contract disputes—in state and federal courts across the country.
Cases of Note
Securities and Exchange Commission v. Former Chief Executive Officer: We are currently defending the former CEO of Fannie Mae in an SEC action filed in the Southern District of New York related to Fannie Mae’s disclosures regarding its exposure to “subprime” and “Alt-A” residential mortgages.
Diabetes Research Restitution, LLC v. Ronald Katz et al.: We secured summary judgment for our client, the former Chairman of a biotech start-up company that tried to develop and commercialize an islet-cell suspension treatment for people with insulin-dependent diabetes. The lawsuit was brought by the company’s former CEO and certain shareholders against the company’s officers, directors, and creditors and sought over $100 million in damages.
Developer v. Law Firm et al.: We represented a law firm and individual attorneys in a highly contentious and complicated case brought by a developer alleging legal malpractice claims against our clients, along with numerous claims against a large group of other individuals and companies involved in a real estate joint venture. We executed an aggressive defense strategy, using early discovery and motion practice, to quickly extricate our clients from the dispute. We secured dismissal for waiver of costs for all the individual attorneys and a favorable early settlement for the law firm.
Keller v. Electronic Arts Inc. et al: We secured a favorable settlement for Electronic Arts Inc. (EA) in this groundbreaking antitrust and right of publicity class action. Current and former student-athletes claimed EA improperly used the athletes’ likenesses and biographical information in its NCAA Football and NCAA Basketball video games.
Securities and Exchange Commission v. Brian Stoker: We defended former Citigroup executive Brian Stoker in one of the rare financial crisis cases to go to trial. Mr. Stoker, who worked on the structuring desk at Citigroup, was charged with securities fraud in connection with Citigroup’s 2007 marketing of a $1 billion collateralized debt obligation (CDO) backed by assets tied to the housing market. In its enforcement action the SEC contended that Citigroup had played a role in the selection of the CDO’s underlying mortgage securities and had taken a short position in those securities. The SEC contended that Mr. Stoker was negligent for not disclosing information about Citigroup’s actions in its marketing materials. After a two-week jury trial in the Southern District of New York with Judge Rakoff presiding, the federal jury rejected the SEC’s case and found Mr. Stoker not liable on any of the SEC’s claims.
Broadcom Corporation, et al. v. Commonwealth Scientific and Industrial Research Organisation: On behalf of Broadcom, we led a joint-defense group of wireless chip manufacturers, PC manufacturers, and cellular network carriers. The plaintiff, CSIRO, asserted patent claims that allegedly covered a wide variety of products that offer wireless functionality under the IEEE 802.11 standard for local area networks. We settled the case favorably on the eve of trial.
Publications and Speaking Engagements
- "Hot Topics in Privacy Law," BASF, 2016
- "Key Developments in Patent Law," presented with Matthias Kamber, BASF Barristers Club, 2015
- "White Collar Crime and Securities Enforcement," Bar Association of San Francisco, 2015
- "Key Developments in Patent Law," presented with Matthias Kamber, BASF Barristers Club, 2014
- "Securities Enforcement: 2013 in Review," Bloomberg BNA White Collar Crime Report, 2014, co-authored with Brook Dooley
- "How Your BA in English Can Help Your Patent Law Practice," BASF Barristers Club, 2013
- "Section 17(a) of the Securities Act of 1933: Unanswered Questions," Bloomberg BNA Securities Regulation & Law Report, co-authored with Brook Dooley, 2013
- Executive Committee, Bar Association of San Francisco (BASF) Intellectual Property Section
- Chair, Civil Rights Committee for the Anti-Defamation League, Central-Pacific Region
- Advisory Board, OneJustice
- Board of Directors, Jewish Bar Association of San Francisco
Awards and Honors
- Executive Editor, Harvard Law Review, 2007-2008
- Phi Beta Kappa, Stanford University, 2004