Matthew B. Kirsner
Matt Kirsner has nearly three decades of experience representing clients in business disputes and investigations. Although based in Richmond, Virginia, Matt’s law practice has included the defense of claims and inquiries across dozens of states and the District of Columbia. Matt’s hallmark is achieving efficient and creative solutions to complex problems.
Matt has substantial experience handling disputes involving transportation, utilities, financial services, commercial real estate, construction, engineering, fiduciaries, and higher education. He also works with state attorneys general to facilitate civil investigative demands and multi-state inquiries, with a particular focus on false claims act matters. Matt has worked extensively with financial advisor and broker-dealer clients to defend FINRA claims and investigations. He also teams frequently with other national and regional law firms to serve client needs in large-scale litigation, as well as local counsel engagements in the federal and state courts of Virginia.
Matt earned his Juris Doctor degree from George Mason University School of Law and received his Bachelor of Arts degree from the College of William & Mary in Virginia.
- Litigation
- Administrative Action and Regulatory Enforcement
- Administrative and Regulatory Litigation
- Appellate Practice
- Attorneys General and State Agencies Practice
- Class Action Litigation
- Complex Business Litigation
- Education
- Fiduciary Litigation
- Product Liability / Mass Tort Litigation
- Real Estate Litigation
- White Collar and Investigations
- eDiscovery and Information Governance
- George Mason University School of Law (J.D.), 1997
- College of William & Mary (B.A.), 1992
Professional Affiliations
- Richmond Bar Association – Litigation Section
- Virginia Bar Association – Litigation and Section
- Virginia State Bar Association – Litigation and Administrative Law Sections
- District of Columbia Bar Association
- National Trial Advocacy College at the University of Virginia School of Law – Graduate
Community Involvements
- NOVA of Virginia Aquatics, Inc. - Board of Directors (2019 – 2022)
Bar Admissions
- District of Columbia Bar
- Virginia State Bar
Court Admissions
- Supreme Court of the United States
- U.S. Bankruptcy Court, Eastern District of Virginia
- U.S. Bankruptcy Court, Western District of Virginia
- U.S. Court of Appeals, 4th Circuit
- U.S. District Court, District of Columbia
- U.S. District Court, Eastern District of Virginia
- U.S. District Court, Western District of Virginia
The Best Lawyers in America® – Commercial Litigation (2011-present)
Experience
THE CASES BELOW ARE ILLUSTRATIVE OF THE MATTERS HANDLED BY MATT KIRSNER. CASE RESULTS DEPEND UPON A VARIETY OF FACTORS UNIQUE TO EACH CASE. NOT ALL CASE RESULTS ARE PROVIDED. CASE RESULTS DO NOT GUARANTEE OR PREDICT A SIMILAR RESULT IN ANY FUTURE CASE UNDERTAKEN BY THE LAWYER.
Government Investigations
- Represented a college in responding to a state-ordered investigation, including overall strategy, fact-finding, stakeholder briefings, external communications, and protection of federal and state privacy interests.
- Represented manufacturing clients in responding to grand jury subpoenas, state civil investigative demands, and informal requests from regulators, including in-person briefings, witness preparation and presentation, and productions of information and documents.
- Represent broker dealers and registered representatives in responding to FINRA Rule 8210 requests for information and testimony (“on the record” interviews).
- Counsel to trade association in responding to federal grand jury subpoena.
National Coordinating Counsel
- Assembled, trained, and managed nationwide counsel team to engage proactively with state attorneys general on product safety and regulatory approval issues.
- Managed local counsel resources for false claims act and product liability litigation across the U.S., ensuring consistent implementation of defense strategies.
- Served as national discovery counsel regarding review, production, and ongoing document database management with ESI vendors.
False Claims Act Litigation
- Defense of manufacturer in federal and state qui tam litigation relating to highway safety products, including the sealed investigations, interventions and declinations, trial phases, and appellate proceedings.
- Obtained summary judgment for defendants facing $1 billion damages claim in state qui tam suit.
- Member of national counsel team securing voluntary dismissal of federal and state qui tam claims by relator without objection by the government, and prior to partial unsealing.
Educational Counseling and Claims
- Represented state department of education in appeal by local school board of administrative hearing officer decision concerning special education services.
- Obtained dismissal of due process complaint filed by parent against state department of education.
- Represented university officials against class action claims involving COVID vaccine religious exemption requests/denials of health care system employees.
- Represented university professor against claims of defamation.
- Represented university in a First Amendment / free speech dispute.
- Assisted university with a nonparty subpoena dispute in the Flint, Michigan lead pipe litigation.
- Represented university officials against employment, statutory and constitutional law claims.
- Represented current and former university employees as nonparty witnesses in multi-state litigation.
- Represented university against COVID-related tuition refund class action claims.
Product Liability and Warranty Claims
- Represent manufacturers of highway safety products and construction barriers against personal injury and consumer protection claims filed by individual plaintiffs, class representatives, and government entities.
- Counsel to railcar manufacturer regarding breach of express and implied warranties stemming from defective industrial coatings sold by third party vendor.
Utility Litigation and Counseling
- Represented utilities on pole attachment disputes in state and federal courts and at the Federal Communications Commission.
- Represented communication tower operators and wireless communications service providers in real estate, contract, and trespass disputes.
- Represented communications carrier in appeal of business equipment tax assessment before state regulatory commission.
- Represented various clients in utility easement disputes with private landowners, businesses, and localities.
- Advised utility regarding tariff interpretation and electric service contract disputes in Virginia.
Financial Litigation
- Represent respondents and claimants with investment industry disputes, including broker/dealer and investment adviser claims under FINRA, NYSE and Va. SCC jurisdiction, unpaid commission claims, and investor allegations regarding arbitrability, suitability, breach of fiduciary duty, churning, and unregistered securities.
- Defended branch office of national broker-dealer against alleged violations of FINRA rules.
- Defended financial adviser regarding investigation by CFP Board of Standards relating to a prior customer complaint.
- Counsel to individuals and entities regarding SEC investigation of private placement offerings, preferred stock, and promissory notes.
- Counsel to beneficiaries and replacement trustee of Delaware Statutory Trusts (DST) in fiduciary and business tort litigation.
Technology, Trade Secrets, Antitrust, Intellectual Property, and Business Tort Issues
- Represented purchaser in dispute regarding $100 million contract for a purpose-built, cloud-based software solution to replace a longstanding, mainframe-based system.
- Obtained injunctions to protect trade secrets from public dissemination and/or use by competing entities.
- Counsel to manufacturers in antitrust litigation as well as investigations by state attorneys general and federal regulators.
- Counsel to manufacturers regarding unfair trade practices claim.
- Counsel to manufacturer to protect its patents from infringement by an industry competitor.
- Represented strategic communications firm in protecting its trademark against infringement by a newly established, competing public affairs entity.
- Counsel to various business clients regarding tortious interference, business conspiracy, commercial disparagement, and common law fraud claims.
- Counsel to principals, owners, and members of closely held businesses regarding rights, remedies, records, entity dissolution, and ownership assignment/sale matters.
Real Estate Litigation
- Represent building owners and national developers in commercial landlord-tenant disputes, including constructive eviction, lease termination, and renewal disputes.
- Counsel to national shopping mall developer in real estate purchase option dispute.
- Assist subdivision lot owners with infrastructure surety bond dispute.
Fiduciary Litigation
- Fiduciary litigation relating to trust management, termination and amendment of trusts, advice and guidance suits, and breaches of fiduciary duties.
