Overview
“Matthew has become an extension of our leadership team during critical moments, and we have complete confidence in his ability to handle our most important matters.” – Benesch client
“Matthew combines technical excellence with a rare ability to translate complex legal issues into practical business decisions. He is highly responsive, level-headed under pressure, and consistently focused on outcomes rather than posturing.” – Benesch client
“What truly distinguishes Matthew is his combination of elite litigation capability and practical business judgment.” – Benesch client
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.
What I Do
Experience
* Matter completed prior to joining Benesch.
Serving as lead counsel to Capital Rx, Inc. in defending fraud and negligent misrepresentation claims asserted by Lehigh Valley Health Network (E.D. Pa.).
Defending corporate officers and directors as lead counsel in a shareholder derivative action alleging breaches of fiduciary duties (Del. Chancery).
Serving as lead litigation counsel to the trustee of a large family office in confidential management and valuation disputes involving a multibillion-dollar real estate portfolio (mediation).
Won dismissal with prejudice as lead counsel for Gather Holdings and its principal, Sam Borgese, in litigation involving alleged breaches of an eight-figure bad boy guaranty (N.Y. Sup. Ct.).
Represented Carbon Direct Capital Management in litigation concerning a convertible note and shareholder vote dispute with LanzaTech Global (Del. Chancery and N.Y. Sup. Ct.).
Handling confidential post-closing disputes for multiple private equity sponsors.
Acted as lead counsel for a hedge fund founder in a confidential partnership dispute concerning management rights.
Challenged a proposed 10-figure merger on behalf of a Fortune 200 company.*
Defended a publishing platform against fiduciary duty claims asserted against its founder.*
Achieved a multi-hundred-million-dollar price reduction for Advent International in “busted deal” litigation arising from its acquisition of Forescout Technologies.*
Advised Elliott Management in multiple disputes and control contests.*
Defended Elon Musk in “busted deal” litigation concerning his $44 billion acquisition of Twitter.*
Won summary judgment for Express Scripts, defeating a $15 billion contract claim brought by Anthem.*
Litigated trade secrets and antitrust claims for IQVIA, Inc. against Veeva Systems.*
Defended KKR & Co. and affiliated directors against breach of fiduciary duty claims arising from the 2018 sale of FanDuel.*
Handled complex derivatives valuation litigation for Lehman Brothers International (Europe) (in administration) against counterparty AG Financial.*
Successfully defended Life Storage, Inc. against a hostile takeover bid by Public Storage, leading to a friendly $12.7 billion merger with Extra Space Storage.*
Advised Mercuria Energy Group in litigation addressing the impact of Winter Storm Uri on ISDA energy contracts.*
Pursued claims for NANO Nuclear Energy against Hunterbrook Capital.*
Represented the Official Creditors’ Committee of Lehman Brothers Holdings in multibillion-dollar litigation against Citibank over derivatives valuation, culminating in a $1.74 billion settlement after a six-week trial.*
Defeated a $175 million redemption demand for Ripple Labs asserted by Tetragon Financial.*
Prosecuted antitrust claims for The Home Depot against Visa and Mastercard concerning inflated debit and credit card fees.*
Advised X Corp. in a range of complex litigation matters.*
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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
Bar & Court 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, …