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.
Representative Experience
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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.
- Lead counsel to Capital Rx, Inc. in defense of fraud and negligent misrepresentation claims asserted by Lehigh Valley Health Network (E.D. Pa.).
- Lead counsel to the defendants in a shareholder derivative lawsuit alleging breaches of fiduciary duties (Del. Chancery).
- 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, 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.).
- 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.).
- 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.
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Represented a Fortune 200 company in challenging a proposed ten-figure merger.*
- Represented a publishing platform in connection with fiduciary duty claims against its founder.*