Matthew advises and defends clients in matters relating to financial reporting, corporate governance, and regulatory compliance, and has been involved in some of the most significant financial and accounting matters of the last 20 years. Matthew’s clients say that “he is our trusted counsel due to his technical expertise and responsiveness.” (Chambers USA 2024)

He represents public companies, officers and directors, accounting firms, and others in SEC investigations and enforcement actions, private securities fraud suits, and other complex commercial litigation. He also conducts internal investigations concerning allegations of accounting fraud, alleged breaches of fiduciary duties, violations of the Foreign Corrupt Practices Act (FCPA), and other alleged regulatory compliance failures. Matthew regularly advises audit committees on ethics and compliance matters and internal controls.

As leader of the firm’s Accounting Profession Defense practice, Matthew defends accountants in malpractice and fraud cases, and in regulatory investigations. He frequently advises accounting firms on the financial reporting process, professional standards, independence matters, and discussions with the SEC’s Office of Chief Accountant. He has represented the country’s largest accounting professional organization as amicus curiae in matters before the highest state courts in New York, Illinois, and Massachusetts. Matthew is a former member and Chair of the Virginia Board of Accountancy.

Matthew also co-leads the firm’s Accounting Firm M&A practice. He has advised both private equity sponsors and accounting firms in connection with investments in the nonattest business of accounting firm alternative structures and related transactions.

Matthew has an active pro bono practice representing individuals wrongfully convicted of serious crimes, including representing successful habeas corpus petitioners in overturning wrongful murder convictions in New York and Virginia. Matthew received the 2012 Mid-Atlantic Innocence Project “Defender of Innocence” Award and was named to the National Law Journal’s 2013 “Pro Bono Hot List.”

Bar Admissions

Education
JD, University of Virginia School of Law, 2001

BA, Political and Social Thought, University of Virginia, cum laude, 1996

• Confidential RMBS Working Group Investigation (2011-2012): Represented issuer of subprime RMBS in government investigation relating to disclosures in RMBS offering materials. Matter terminated after two years of investigation.
• Confidential SEC Investigation (2007-2011): Represented subprime RMBS investor in connection with SEC investigation relating to the investor’s valuation of certain securities and disclosures relating to those valuations. After more than three years of investigation, SEC terminated the investigation.
• Internal Investigation (2007-2011): Conducted internal investigation on behalf of special litigation committee of Fortune 50 financial services company relating to derivative suits alleging, among other things, breaches of fiduciary duties after company suffered significant losses.
• Securities Class Action (E.D. Wis. 2012): Successfully moved to dismiss securities class action against executives of issuer of subprime securities. Suit alleged fraud relating to issuer’s disclosures about its liquidity during the financial crisis. Dismissal affirmed by the court of appeals.
• Securities Class Action (S.D.N.Y. 2011): Represented issuer of asset-backed securities in securities class action alleging fraudulent disclosures relating to bonds backed by manufactured home loans.
• Confidential Government Investigation (2007-2010): Represented international tobacco company and executives in connection with SEC and Department of Justice investigations into alleged FCPA violations in South America, Europe, Africa and Asia.
• Internal Investigation (2012): Conducted internal investigation for European engineering firm in connection with allegations of government procurement fraud.
• Internal Investigation (2009-2010): Conducted internal investigation for Fortune 50 financial institution into issues associated with collapse and bankruptcy of the largest nondepository mortgage lender in the United States.
• Confidential SEC Investigation (2007-2008): Represented independent directors of Fortune 100 technology company in connection with SEC investigation into alleged earnings manipulation. Matter settled on favorable terms proposed by independent directors.
• Confidential Attorney General Investigation (2007-2008): Conducted internal investigation for Fortune 500 retailer relating to allegations of insider trading and in connection with an investigation by the New York attorney general.
• Accounting Litigation (N.Y. Court of Appeals 2007): Represented largest national accounting professional organization, appearing as amicus curiae in case before the New York Court of Appeals. Position advocated by accounting organization prevailed in court of appeals.
• Confidential SEC Investigation (2004-2006): Represented Big Four accounting firm and individual auditors in connection with SEC investigation into alleged accounting fraud and violations of professional accounting rules. Firm and auditors ultimately exonerated in an administrative hearing.
• Breach of Fiduciary Duty Litigation (S.D.N.Y. 2006): Represented U.S. subsidiary of Swiss financial services company against claims of breach of fiduciary duty and breach of contract relating to a short-term financing facility. Case dismissed with prejudice prior to any discovery.
• Accounting Litigation (S.D.N.Y. 2004): Represented Big Four accounting firm against claims of fraud, negligence and breach of fiduciary duty relating to a corporate acquisition. Court granted motion to dismiss prior to any discovery.

• Board of Directors, GReat Aspirations Scholarship Program, Inc. (GRASP), 2016 - Present
• Public Member, Virginia Board of Accountancy, 2014 - present
• Board of Directors and Executive Committee, Mid-Atlantic Innocence Project, 2015 – present
• Board of Directors and Executive Committee, Hanover Tavern Foundation, 2015 – present
• Advisory Board, St. Bridget School, 2015 - present

• Leaders in the Law, Virginia Lawyers Weekly, Class of 2014

• Beware the SEC’s Sweeping Definition of Books, Records, Corporate Counsel
• The “Exceptionally Troubling” Murder Conviction of Jose Garcia, Criminal Law Brief 2, no. 2 (2007): 16-20.
• Recent Auditor Independence Cases Suggest SEC’s ‘Operation Broken Gate’ is in Full Swing, Bloomberg BNA Securities Regulation & Law Report
• Voices: The marriage of private equity and public accounting, Accounting Today
• As Auditing Evolves, New Litigation Threats Emerge, Bloomberg BNA Accounting Policy & Practice Report
• 10 questions audit committees should consider when conducting an investigation, Inside Counsel
• Tips For Public Co. Financial Controls Amid Growing Scrutiny, Law360
• SEC Cybersecurity Investigations: A How-To Guide, Westlaw Journal: Securities Litigation & Regulation