Matthew S. Kenefick

Notable Litigation Matters

• Contract Claim. Matthew represented Plaintiff venture capital fund in an extended jury trial, lasting 30 trial days, involving a breach of contract claim against a semiconductor corporation and fraudulent transfer claims against more than twenty defendants. Result: Verdict in favor of Matthew’s client for more than $4.5 million on the breach of contract claim and more than $9.2 million on the fraudulent transfer claims. Matthew successfully defended the verdict on appeal and enforced the resulting judgment, collecting all amounts owed.
• Breach of Fiduciary Duty/Director. Matthew defended a director and venture capital fund against a $77.5 million breach of fiduciary duty lawsuit, through a month-long jury trial. Result: Defense verdict in favor of Matthew’s client.
• Breach of Fiduciary Duty/Whistleblower. Matthew successfully defended a defamation and breach of fiduciary duty lawsuit arising from client's role as a whistleblower in an alleged affinity based "Ponzi" scheme. Result: dismissal of lawsuit with prejudice following successful anti-SLAPP motion, including recovery of significant attorneys' fees for Matthew’s client.
• Alter-Ego/Successor Liability. Matthew successfully defended, through appeal, a complex fraudulent transfer, successor liability, and alter-ego action through trial. Result: Defense verdict in favor of Matthew’s client that was upheld on appeal.
• Wine Industry. Matthew has extensive experience representing wineries, cellars, and warehouses related to wine damage, manufacturing and storage disputes. Examples include: 
• Wine Storage Claim. Matthew successfully prosecuted, through a 4-week jury trial, claims against a third-party warehouse for improper wine storage conditions. Result: Seven-figure verdict in favor of Matthew’s client.
• Winery Fire Damage Claim. Matthew successfully prosecuted against insurer claims for heat damage to wine caused by a winery fire event. Insurer denied coverage for lack of physical injury or harm. Result: Matthew collected over $6 million for his client.
• Judgment Enforcement. Matthew has extensive experience in high value judgment enforcement matters.
• Insurance. Matthew regularly prepares and advocates insurance claims and litigates policyholder insurance coverage matters.

Notable Real Estate Matters

• Breach of Fiduciary Duty/Shareholder Derivative. Matthew represented Plaintiff in shareholder derivative related to investment in prominent office building in downtown Seattle. Matthew prosecuted case through a six-week jury trial. Result: Matthew’s client sought approx. $20 million – Defendant settled after the jury asked if they could award Matthew’s client $65 million.
• Groundwater Contamination. Matthew defended, through jury verdict, a real estate developer/landowner from groundwater contamination claims brought by a neighboring property owner. Pollution was undisputed. Result: Complete defense verdict in favor of Matthew’s client after a six-week jury trial. 
• Real Estate Development Dispute. Matthew prosecuted, through arbitration award, the claims of a prominent real-estate owner related to a joint-development agreement with a developer. Result: Complete award of all amounts sought in favor of Matthew’s client, including all attorneys’ fees and arbitration costs. Matthew conducted the binding arbitration for this case while in the middle of a jury trial, on the trial court’s dark days.
• Defense of Entitlements. Matthew defended, through appeal, a developer from challenge to grant of land use entitlement for substantial San Francisco condominium project. Result: Matthew obtained judgment in favor of client that was upheld on appeal.
• Leasing Disputes. Matthew has prosecuted and defended numerous commercial leasing lawsuits, including lease term extension, restricted use, and return condition disputes.
• Real Estate Secured Creditor’s Rights. Matthew has significant experience in representing well-known lenders in complex commercial foreclosure, receivership, and guaranty actions.

Notable Compliance Matters

• Accessibility. Matthew has extensive experience in successfully defending, throughout the United States, website, physical and communicative access lawsuits involving the Americans with Disabilities Act of 1990 (the “ADA”) and related state laws. Noteworthy Results: Numerous complete defense judgments; several impositions of monetary sanctions against plaintiff's lawyers; successful defense of trial court results in the Ninth and Eleventh Circuit Court of Appeals, resulting in defense favorable and regularly cited legal precedent. See, e.g., Kohler v. Bed Bath & Beyond of California, 780 F.3d 1260 (9th Cir. 2015).
• Proposition 65. Matthew regularly counsels clients on Proposition 65 compliance and defends prominent retails, manufacturers and suppliers in Proposition 65 litigation. Matthew also develops Proposition 65 compliance programs.
• Product Safety. Matthew regularly advises on product labelling and safety matters.
• Internal Investigations. Matthew performs internal investigations involving sensitive and highly confidential subject matter, including enterprise-wide gap analysis of operational compliance matters.
• Policy Development. Matthew counsel clients on change management, internal campaigning, and policy, procedure and practice development.
• Administrative Proceedings. Matthew has extensive experience in responding to Department of Justice, District Attorney and Attorney General investigatory proceedings.
• Electronically Stored Information. Matthew has extensive experience in counseling clients on Electronically Stored Information collection, preservation, processing and production.
  

Matthew is from the San Francisco Bay Area, growing up in Los Gatos. Prior to becoming a lawyer, Matthew worked his way through college in heavy equipment. Matthew is a proud father and in his spare time, Matthew enjoys spending time with his family, travel, outdoors and wildlife photography. Matthew’s guilty pleasures include: science fiction, single malt, baking with his daughter, and 18 holes. Prior to joining JMM, Matthew performed volunteer legal work at Legal Advocates for Children and Youth, East San Jose Community Law Center, and the Santa Clara County Public Defender's Office.