Matthew Solum has been a litigation partner of Kirkland & Ellis since 2005. As trial and appellate counsel for corporations, private equity firms, investment banks and financial services firms, Matthew handles significant commercial cases, including merger and acquisition, securities, class action, derivative, contract and other complex commercial matters.
In public M&A litigation, he represents acquirers, targets, boards of directors, special committees and financial advisors in class actions, corporate control disputes and appraisal proceedings. Matthew also represents purchasers and sellers in connection with contract, fraud, indemnification and working capital claims.
In complex commercial matters, he handles contract, fraud, fiduciary duty, tortious interference, antitrust, trade secret, trade dress, slander and libel claims.
In addition to litigating in state and federal courts throughout the country, Matthew represents clients in arbitration before AAA, FINRA, ICC, UNCITRAL and JAMS arbitration panels.
The Legal 500 United States recommends Matthew for Commercial Litigation and M&A Litigation. In 2014, he was also recognized as one of the top young securities lawyers in the U.S. by Law360.
Securities and Financial Services Litigation
Representation of acquirers, targets and special committees in scores of shareholder class action lawsuits and appraisal proceedings arising out of corporate transactions.
Representation of issuer in connection with derivative and fraud claims in a series of international lawsuits and arbitrations spanning six countries and involving $4 billion in claims.
Representation of issuers in putative class actions alleging violations of Rule 10(b)(5).
Representation of directors in Delaware in connection with derivative and class action claims.
Contract and Commercial Litigation
Representation of buyers and sellers of businesses in arbitration and federal and state courts in connection with claims for indemnification, fraud, and breaches of non compete and non solicit provisions.
Representation of chemical company in connection with breach of contract and related claims arising out of services agreement.
Representation of pharmaceutical company in arbitration involving breach of contract claims arising out of collaboration agreement.
Representation of manufacturer in federal trial involving alleged breach of joint venture agreement and related claims.
Representation of media company in arbitration involving breach of contract and fraud claims arising out of programming agreement.
Memberships & Affiliations
American Bar Association, Section of Litigation
Recognized in The Legal 500 U.S. for M&A: Litigation, 2013 & 2015 and Commercial Litigation, 2015
Recognized in Law360 as a "Rising Star" for Securities, 2014
“Challenging An Arbitrator Ab Initio: A Primer,” Law360, February 8, 2016
"Director Removal Without Cause," The Harvard Law School Forum on Corporate Governance and Financial Regulation, January 8, 2016
"Third Parties Beware: Claims Against Advisers May Live On After Director Charges Die,” Westlaw Journal, November 16, 2015
"U.S. Supreme Court Sets High Bar for Section 11 Securities Claims Based on Statements of Belief or Opinion," Kirkland & Ellis Alert, April 13, 2015
"Crossing State Lines Again—Appraisal Rights Outside of Delaware," The Harvard Law School Forum on Corporate Governance and Financial Regulation, March 25, 2015
"Advantages of Board Actions on a 'Clear Day'," The Harvard Law School Forum on Corporate Governance and Financial Regulation, November 26, 2014
"Kirkland & Ellis discusses Shareholder 'Books and Records' Demands after the Wal-Mart Decision," Columbia Law School's Blog on Corporations and the Capital Markets, August 19, 2014
"Recent Developments in Appraisal Claims," Practising Law Institute, Delaware Law Developments 2014: What All Business Lawyers Need to Know, May 2014
"The Evolving Face of Deal Litigation," The Harvard Law School Forum on Corporate Governance and Financial Regulation, March 27, 2014
"'Holistic' Review of Scienter Allegations in Securities Fraud Class Actions Resulting in Increased Number of Dismissals," Kirkland & Ellis Alert, February 10, 2014
"Delaware vs. New York Governing Law," The Harvard Law School Forum on Corporate Governance and Financial Regulation, January 2, 2014
"Out of Context — Delaware Clarifies on 'Weak' Fairness Options," The Harvard Law School Forum on Corporate Governance and Financial Regulation, October 29, 2013
"Director Independence: Interplay Between Delaware Law and Exchange Rules," The Harvard Law School Forum on Corporate Governance and Financial Regulation, October 7, 2013
"Risk Oversight in China Operations," Corporate Board Member, August 2013
"Appraisal Rights — The Next Frontier in Deal Litigation?," The Harvard Law School Forum on Corporate Governance and Financial Regulation, May 16, 2013
NYU Law School - Negotiating Corporate Transactions, "M&A Litigation," Spring 2013, 2014 and 2015
PLI - Delaware Law Developments 2014, Appraisal Litigation, May 2014
New York American Inn of Court, "The Future of Securities Regulation Under the Obama Administration" - Panelist, March 2009
New York American Inn of Court, "Subprime" - Panelist, March 2008
Matthew is admitted to federal trial and appellate courts throughout the United States.