Matthew Smilowitz

Experience

For several years following the 2008 financial crisis, Matthew represented a regulator in several professional liability investigations and lawsuits arising out of major bank failures (involving directors, officers, and other retained professionals) resulting in settlements totaling nearly $40 million.

Matthew has litigated on behalf of a Class I rail carrier in significant litigation before the Surface Transportation Board (STB) and in federal courts on matters involving federal preemption, demurrage charges, and interchange disputes.

Before the trial court and on appeal, Matthew defended a CEO against tort claims seeking to impose personal liability for corporate obligations, resulting in a summary judgment ruling in his client’s favor, which was affirmed on appeal.

Matthew defended and successfully resolved a lawsuit against a financial institution involving complicated lender liability and real estate title matters.

In bankruptcy court, Matthew has served as litigation counsel in a variety of contested matters and adversary proceedings, including litigation over the treatment of claims, the automatic stay, and non-dischargeability.

Matthew also represented a tenant in enforcement of a covenant not to compete in a ground lease, a municipality regarding underground conduit lease rates, and several corporate entities in a variety of contract, lease, and licensing disputes.