Overview
An experienced-beyond-his-years trial lawyer, Matthew Fox is known for his gut instincts, quick wit and skill. He has twice been recognized as an emerging leader in M&A litigation and shareholder disputes by Lawdragon 500 X – The Next Generation, a ranking of the “future leaders of the law” globally, and as a New York Metro Rising Star.
Matthew has prevailed in a variety of bet-the-company cases, taking them from inception through trial. He routinely litigates wide-ranging complex commercial disputes, with a particular focus on M&A and “busted deal” litigation, fiduciary duty litigation and other business divorces, such as shareholder disputes, hostile takeovers, activist campaigns and disputes against short sellers. He also has deep experience in disputes involving valuation, financial markets, swaps and derivatives and intellectual property and he has done significant antitrust work on both sides of the “v.”
Among his many wins, Matthew recently served as lead counsel to e2 Companies in high-profile Delaware Chancery Court litigation arising from a contested deSPAC transaction—allowing e2 to exit the transaction and remain privately held, a rare outcome in “busted deal” disputes.
His cases have been featured in The Wall Street Journal, The New York Times and Bloomberg, among other publications, and Matthew has been profiled by Bloomberg and frequently quoted by the Financial Times.
Matthew’s clients include Fortune 500 companies, officers and directors, private equity firms, hedge funds, activist investors, partnerships, startups, and high-net-worth individuals.
Matthew joined Benesch from Quinn Emanuel Urquhart & Sullivan.
* Matter completed prior to joining Benesch.
What I Do
Experience
Counsel to Carbon Direct Capital Management in connection with its claims against LanzaTech Global concerning a convertible note and shareholder vote (Del. Chancery and N.Y. Sup. Ct.).
Lead counsel to the defendants, Gather Holdings and its principal, Sam Borgese, in connection with claims for breach of an eight-figure bad boy guaranty. Obtained dismissal with prejudice (N.Y. Sup. Ct.).
Lead counsel to the trustee of a large family office in connection with confidential management and valuation disputes concerning a multi-billion dollar real estate portfolio (Mediation).
Lead counsel to the defendants in a shareholder derivative lawsuit alleging breaches of fiduciary duties (Del. Chancery).
Lead counsel to Capital Rx, Inc. in defense of fraud and negligent misrepresentation claims asserted by Lehigh Valley Health Network (E.D. Pa.).
Represented e2 Companies in high-profile Delaware Chancery Court litigation involving a contested deSPAC transaction with Nabors Energy Transition Corp. II. Benesch secured a favorable settlement including a cash payment and termination of the merger agreement, allowing e2 to exit the transaction and remain privately held—a rare outcome in “busted M&A” disputes.
Representing multiple private equity sponsors in connection with confidential post-closing disputes with buyers.
Lead counsel for a hedge fund founder in a confidential partnership dispute concerning management rights.
Represented X Corp in various matters.*
Represented Ripple Labs in defeating a $175 million redemption demand made by Tetragon Financial.*
Represented a publishing platform in connection with fiduciary duty claims against its founder.*
Represented Official Creditors’ Committee of Lehman Brothers Holding Inc. in its multibillion-dollar lawsuit against Citibank concerning the valuation of a portfolio of derivatives. The parties reached a $1.74 billion settlement following a six-week trial.*
Represented NANO Nuclear Energy in connection with claims against Hunterbrook Capital.*
Represented Mercuria Energy Group in connection with litigation concerning the impact of Winter Storm Uri on ISDA energy contracts.*
Represented Life Storage, Inc. in its successful defense of a hostile takeover bid by rival Public Storage, resulting in a friendly $12.7 billion merger with Extra Space Storage.*
Represented Lehman Brothers International (Europe) (in administration) in litigation involving the valuation of derivatives against counterparty AG Financial.*
Represented KKR & Co. and affiliated directors in defense of breach of fiduciary duty claims relating to the 2018 sale of FanDuel.*
Represented IQVIA, Inc. in trade secrets and antitrust litigation against Veeva Systems.*
Represented The Home Depot in its antitrust lawsuit against Visa and Mastercard concerning inflated debit and credit card fees.*
Represented a Fortune 200 company in challenging a proposed ten-figure merger.*
Represented Elliott Management in several disputes and control contests.*
Represented Express Scripts in obtaining summary judgment dismissal of a $15 billion contract claim brought by its former client, Anthem.*
Represented Elon Musk in “busted deal” litigation concerning his $44 billion acquisition of Twitter.*
Represented Advent International in “busted deal” litigation concerning its acquisition of Forescout Technologies, resulting in a multi hundred-million-dollar discount.*
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Credentials
Education
- cum laude
- Robert McKay Scholar
- Dean’s Award Recipient
- Senior Articles Editor, Journal of Law and Business
- college honors
- Dean’s List
- Hansard Scholar
Clerkships and Bar Admissions
More
- Named, Lawdragon 500 X – The Next Generation, M&A Litigation and Shareholder Disputes, 2024-2025
- Named, New York Metro Rising Star
- Pro Bono Publico Award, 2023
- Legal Aid Society, 2023
Related News & Insights
Benesch Featured in Law360 Coverage of Delaware Chancery Court Ruling in West Coast Diner Litigation
Law360 article “Chancery Nixes Toss of West Coast Diner Failure Suit,” which details a recent Delaware Chancery Court decision allowing …
Matthew Fox Quoted in Upstream on e2 Merger Resolution
Matthew Fox, Partner in Benesch’s Litigation Practice Group, was recently quoted in the Upstream article “Parting ways: How a whirlwind US energy …
Matthew Fox Profiled in Bloomberg Law’s New York Brief Q&A
Matthew Fox, a partner in the firm’s Litigation Practice Group, was featured in Bloomberg Law’s New York Brief Q&A, where …
Benesch Secures Favorable Settlement for e2 Companies in High-Profile Delaware Chancery Litigation
Benesch is pleased to announce the successful resolution of a high-profile Delaware Chancery Court case on behalf of e2 Companies, …