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James W. Matthews

Partner
+1.617.261.3197
Fax +1.617.261.3175
James W. Matthews is a partner in the firm’s Boston office where he focuses his practice in the litigation area. A seasoned trial lawyer, Mr. Matthews has tried complex business disputes for a variety of businesses, including manufacturers of pharmaceutical products and medical devices.

Since 2008, Mr. Matthews has been lead national counsel for one of the world’s largest generic drug manufacturers in the nationwide Average Wholesale Price litigation. During this time, Mr. Matthews has coordinated the defense of more than 50 separate lawsuits pending in state and federal courts around the country, including a qui tam action under the Federal False Claims Act and numerous civil enforcement actions brought by state attorneys general alleging violations of a variety of state statutes, including state false claims acts.

Mr. Matthews has frequently represented life sciences and technology companies in commercial disputes pending in courts and before arbitrators throughout the country. In the past ten years his practice has included the representation of major generic pharmaceutical companies in ANDA litigation, antitrust actions, contract disputes, and civil enforcement actions. During this time he has also represented medical device companies and internet service providers in arbitrations and in patent actions in federal court.

Professional Background

Prior to joining K&L Gates in June of 2011, Mr. Matthews was a partner at Sherin and Lodgen in the firm’s Litigation Department. Prior to that, Mr. Matthews was an attorney at Ropes & Gray LLP, where he was appointed Special Assistant District Attorney for Middlesex County for six months. For two years after law school, Mr. Matthews clerked for the Hon. John E. Conway, U.S. District Judge for the District of New Mexico.

Achievements

  • Martindale Hubbell AV Rated
  • Listed as Massachusetts Super Lawyer
  • Elected to membership in the International Association of Defense Counsel

Professional/Civic Activities

  • Massachusetts Bar Association
  • American and Boston Bar Associations
    • Health Care Law Section
    • Litigation Section
    • Business Law Section, Litigation Committee
  • Defense Research Institute
    • Drug and Medical Devices Sections
    • Medical and Health Care Law Sections
    • Construction Law Sections
    • ADR Section

Speaking Engagements

  • “Enterprise Risk Management as a Corporate Litigation Management Weapon,” panelist, ALM 2nd Annual Litigation Summit, October 6, 2010
  • “Litigation Prevention, Assessment and Management,” panelist, New England Corporate Counsel Association, Inc., June 2008
  • “Arbitration of Complex Business Disputes,” chair, Massachusetts Continuing Legal Education, March 2006
  • “Taking Depositions Workshop,” Instructor, Massachusetts Continuing Legal Education (several workshops) Spring 2001
  • Lead national counsel for a NYSE listed generic drug manufacturer and its affiliates in government enforcement actions pending in state and federal courts throughout the country. Responsible for coordinating the defense of civil actions under the Federal False Claims Act and analogous state statutes pending in federal court and in state courts in Alabama, Alaska, Idaho, Florida, Hawaii, Illinois, Kansas, Kentucky, Louisiana, Massachusetts, Mississippi, Missouri, New York, Oklahoma, South Carolina, Texas, Utah and Wisconsin. During the course of this representation Mr. Matthews successfully defended the Company in a three-week jury trial in state court in Alabama, obtained a favorable settlement of the action by the Attorney General of Hawaii on the night before jury selection, settled the Massachusetts Attorney General’s action against the Company approximately one month before trial on terms favorable to the Company, and negotiated a multi-jurisdictional settlement favorable to the Company in connection with several of the pending actions.
  • Represents NYSE listed generic drug manufacturer in DESI Drug qui tam litigation pending in federal court alleging violations of the Federal False Claims Act.
  • Obtained a $15.7 million patent infringement verdict for NYSE listed medical device manufacturer, following a seven-day jury trial and two days of deliberations (This verdict is listed as #1 by Massachusetts Lawyers Weekly in “Top Verdicts of 2009”)
  • Obtained summary judgment for publicly traded generic drug manufacturer in a claim for breach of contract and unfair trade practices where plaintiffs sought recovery of actual damages equal to $60 million; successfully defended appeal
  • Represented a NYSE listed medical device manufacturer in three-week arbitration, obtained $30 million award on behalf of client
  • Represented a generic drug manufacturer in antitrust action resulting from defendants’ attempted enforcement of invalid and unenforceable patent, obtained settlement resulting in client reporting $100 million gain in publicly filed financial statements
  • Represented a hedge fund in business dispute with third party administrator
  • Represented a NYSE listed medical device manufacturer in breach of contract dispute
  • Represented venture capital firm in successful defense of efforts to obtain control of company from entrenched founders/managers
  • Obtained substantial judgment for internet search engine in multi-day arbitration claiming right to purchase-price adjustment in connection with corporate acquisition
  • Represented developer in breach of contract and unfair trade practices action, obtained order dismissing counterclaims and obtained multimillion dollar settlement for client on first day of scheduled trial