Matt Stoiber

Since joining Kirkland, Matt has been involved in the following matters:

• Represent U.S. generic drug manufacturer in federal antitrust action challenging brand manufacturer’s anticompetitive lockup of active pharmaceutical ingredient to prevent and delay generic competition.
• Represent insulin manufacturer in multidistrict litigation brought by states attorney general, counties, municipalities, private plaintiffs and putative classes, alleging RICO, state consumer protection, fraud, and other claims relating to the price of insulin and rebating practices.
• Represent subsidiary of national insurance broker in $25+ million bad faith insurance coverage action against carriers seeking to invoke California Insurance Code Section 533 to avoid contractual coverage obligations.
• Represented liquid biopsy biotechnology startup in partnership dispute concerning alleged tortious squeeze-out of claimed general partner.
• Represented private equity portfolio company in successfully defending against carrier’s threatened rescission of cyber insurance policy.
• Represented international plush and toy manufacturer in coverage dispute concerning reimbursement of involuntarily incurred pre-tender defense costs.
• Represented private equity portfolio company in contesting excess carrier’s denial of coverage for $40+ million judgment based on application of illegal profits exclusion and claimed right to recoup defense expenses.

Prior to joining Kirkland, Matt was involved in the following matters:

• First-chaired federal jury trial on behalf of indigent prisoner against four defendants involving Fourteenth Amendment constitutional claims concerning the defendants’ response to a broken ear plug stuck in the plaintiff’s ear.
• Second-chaired court trial on behalf of trustee of a qualified personal residence trust in dispute with contractual option holder concerning option holder’s obligation to pay for repairs and maintenance of $20+ million property in Cabo San Lucas, Mexico. Obtained favorable verdict confirming existence and option holder’s breach of payment obligations.
• Secured summary judgment dismissing $20+ million claims for breach of promissory notes arising out of a sale of the assets of a paper mill, then secured affirmance of dismissal on appeal.
• Secured dismissal of declaratory judgment and non-solicitation claims on a motion to dismiss on behalf of an officer at a technology company in a dispute with his former employer, a large software company, then secured dismissal of the plaintiff’s remaining trade secrets claims, leaving no further claims.
• Achieved favorable settlements in parallel federal copyright infringement and state court trade secret misappropriation cases on behalf of a technology company in a niche industry against a direct competitor and a former chief software executive after securing a preliminary injunction and an order granting spoliation sanctions and an adverse jury inference against the defendants.
• Represented national insurance company in multiple actions in several states to rescind life insurance policies fraudulently obtained through material misrepresentations in policy applications. Successfully rescinded policy in each action, including policies placed using both automated and manual underwriting.
• Secured dismissal of five-count complaint on a motion to dismiss on behalf of the seller in a real estate transaction involving claims for breach of contract, misrepresentation and fraud.
• Served as lead counsel for national sand supplier at evidentiary hearing involving five witnesses and secured denial of motion to dismiss for lack of personal jurisdiction following submission of evidence.
• Represented trailer manufacturer on appeal in warranty dispute and secured affirmance of order dismissing case for lack of personal jurisdiction.
• Represented U.S. wire mesh manufacturer in federal lawsuit against German machine manufacturer in international sales dispute arising under the U.N. Convention on Contracts for the International Sale of Goods and achieved favorable settlement.
• Represented flavorings manufacturer in contamination dispute against national sugar supplier and achieved favorable settlement.

First-chaired federal jury trial on behalf of indigent prisoner in a case raising Fourteenth Amendment claims against four defendants.

Represented indigent prisoner in Eighth Amendment and medical malpractice lawsuit in federal court and achieved favorable settlement following discovery.

Represented indigent prisoner in Eighth Amendment lawsuit in federal court and achieved favorable settlement at mediation.

Represented detained Honduran immigrant in bond proceedings in Chicago Immigration Court. Secured client’s release on bond in low, favorable amount, then secured bond funding from community bond fund, leading to client’s release without personal payment. Coordinated with client’s defense counsel to secure prosecutor’s voluntary dismissal of improvidently charged criminal count against client.