Matthew S. Kenefick

Notable Litigation Matters

• Contract Claim. Represented a 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 20 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. Defended the verdict on appeal and enforced the resulting judgment, collecting all amounts owed.
• Breach of Fiduciary Duty/Director. 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. Defended a defamation and breach of fiduciary duty lawsuit arising from the 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.
• Breach of Fiduciary Duty/Investor.  Successful defense, through four-week bench and eight-week jury bifurcated trial, of a $300MM+ breach of fiduciary duty claim related to investment fund's purported control over target company.
• Breach of Fiduciary Duty/Corporate Operations. Acted as testifying expert witness on the litigation of fiduciary duty and corporate operation claims.  
• Alter-Ego/Successor Liability. 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. Prosecuted, through a four-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. 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: 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. Represented Plaintiff in shareholder derivative related to investment in prominent office building in downtown Seattle. Prosecuted the 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. 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. 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. 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. Defended, through appeal, a developer from challenge to land use entitlement for substantial San Francisco condominium project. Result: Obtained judgment in favor of client that was upheld on appeal.
• Leasing Disputes. 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).
• Digital Marketing/Privacy Claims. Matthew has extensive experience in defending digital marketing, cyber breach, and privacy claims and providing counseling on related compliance issues.
• 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. Noteworthy Results: Complete defense, through appeal, of challenge to Proposition 65 consent judgment resulting in favorable case-precedent.
• False Advertising. Matthew has significant experience in responding to and defending false advertising claims. 
• 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 counsels 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.