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Matthew G. Lindenbaum

Matthew G. Lindenbaum

Partner

One Financial Center
Suite 3500
Boston, MA 02111
T 617.217.4632
F 617.217.4710
matthew.lindenbaum@nelsonmullins.com
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Matthew is the leader of Nelson Mullins’ Boston Litigation Team and co-chair of the firm’s Securities Practice.  He represents companies in high-stakes litigation with an emphasis on class action defense in the financial services and automotive industries, and the FinTech (blockchain, cryptocurrency, on-line gaming) industry. He also defends companies and individuals in government investigations and...

Matthew is the leader of Nelson Mullins’ Boston Litigation Team and co-chair of the firm’s Securities Practice.  He represents companies in high-stakes litigation with an emphasis on class action defense in the financial services and automotive industries, and the FinTech (blockchain, cryptocurrency, on-line gaming) industry. He also defends companies and individuals in government investigations and enforcement actions involving the United States Department of Justice (DOJ), the Securities and Exchange Commission (SEC), the Consumer Financial Protection Bureau (CFPB), the Office of Foreign Assets Control (OFAC), the Commodity Futures Trading Commission (CFTC), the Office of the Comptroller of the Currency (OCC), the Federal Deposit Insurance Corporation (FDIC), the Financial Industry Regulatory Authority (FINRA), and various state attorneys general, departments of financial services, and licensing agencies. Matthew also conducts internal investigations for companies and special board committees.

Matthew is a 2023 Massachusetts Super Lawyer and has been repeatedly recognized as a Super Lawyer and "Rising Star." He has developed in-depth knowledge of the business of digital assets and cryptocurrency, auto financing, mortgage loan origination, servicing and securitization, fair lending, commercial real estate, on-line gaming, and automotive manufacturing and sales businesses. He also frequently advises on clients on issues related to the securities laws, corporate governance, financial institution regulation, gaming, and sanctions compliance.  Matthew advises and represents corporations, officers, and boards of directors and their committees in business litigation matters.

Matthew G. Lindenbaum

enforcement actions involving the United States Department of Justice (DOJ), the Securities and Exchange Commission (SEC), the Consumer Financial Protection Bureau (CFPB), the Office of Foreign Assets Control (OFAC), the Commodity Futures Trading Commission (CFTC), the Office of the Comptroller of the Currency (OCC), the Federal Deposit Insurance Corporation (FDIC), the Financial Industry Regulatory Authority (FINRA), and various state attorneys general, departments of financial services, and licensing agencies. Matthew also conducts internal investigations for companies and special board committees.

Matthew is a 2023 Massachusetts Super Lawyer and has been repeatedly recognized as a Super Lawyer and "Rising Star." He has developed in-depth knowledge of the business of digital assets and cryptocurrency, auto financing, mortgage loan origination, servicing and securitization, fair lending, commercial real estate, on-line gaming, and automotive manufacturing and sales businesses. He also frequently advises on clients on issues related to the securities laws, corporate governance, financial institution regulation, gaming, and sanctions compliance.  Matthew advises and represents corporations, officers, and boards of directors and their committees in business litigation matters.

Experience

Following is a selected sampling of matters and is provided for informational purposes only. Past success does not indicate the likelihood of success in any future matter.

Representative Matters

Government and Internal Investigations

  • Conducted internal investigations for a Fortune 100 company related to sales practices.
  • Represented Poloniex, LLC in settlement with the SEC.
  • Represented Poloniex, LLC in settlement with OFAC.
  • Represented fintech companies in regulatory investigations by federal and states regulators, including the DOJ, SEC, OFAC, CFTC, and multiple state attorneys general.
  • Represent national bank in CFPB investigation.
  • Represent national bank in CFTC investigation.
  • Represented dozens of individuals in FIRREA investigation by the DOJ.
  • Conducted internal investigations for public authority in response to whistleblower complaints.
  • Conducted internal investigations concerning revenue recognition practices, sales practices, manufacturing defect reporting risk, “me too” allegations, stock option backdating practices, and insider trading allegations.

Litigation

  • In re Tether and Bitfinex Crypto Asset Litigation, 19-CV-09236 (2023): Dismissal with prejudice for digital assets exchange in putative class action, alleging RICO, anti-trust, and Commodities Exchange Act claims.
  • FXCH, Ltd. v. Circle Internet Financial, LLC (“Circle”), JAMS No. 5400000177 (2023): motion to dismiss granted in full.
  • Represents FinTech company in consumer arbitrations.
  • Represents Toyota in class action litigation concerning alleged fuel tank defects, battery performance.
  • Lavery v. Sideprize LLC and Establish the Run LLC, No. 2022CH02437 (Illinois): motion to dismiss granted in qui tam action (2022)
  • Meaden v. HarborOne Bank, 1:23-cv-10467-DLC (2023):  represent HarborOne Bank in class action litigation concerning NSF fees.
  • Gustafson v. BAC Home Loans Servicing, L.P. (C.D. Cal. 2013): class certification of nationwide borrower class denied.
  • IKB International S.A. In Liquidation v. Bank of America Corp., (C.D. Cal. 2015): motion for summary judgment granted in full.
  • Isaac v. Ashley Furniture Industries, Inc., (D. Mass. 2017): motion to dismiss 93 A claims in putative class action granted in full.
  • Kolbe v. BAC Home Loans Servicing, L.P. (1st Cir. 2013, en banc): district court opinion granting motion to dismiss putative class action affirmed.
  • Magliacane v. City of Gardner et al,  (Mass. Superior 2018):  motion to dismiss and strike class allegations granted in full.
  • Presti v. Toyota Motor Sales U.S.A., Inc., (D. Mass. 2018): motion to dismiss claims in putative class action granted in full.
  • Principal Life Ins. Co. v. Bank of America Corp. (C.D. Cal. 2013): dismissal of claims challenging disclosures made in connection with the public offering and sale of mortgage-backed securities.

Previous Professional Experience

  • Partner, Goodwin Procter LLP, Boston
  • Associate, Hughes Hubbard & Reed LLP, Washington, D.C.

Educational Activities

  • Columbia Law School
    • Author, "Religious Conscientious Objection and the Establishment Clause in the Rehnquist Court: Seeger, Welsh, Gilette, and Section 6(j) Revisited" (2003)
    • Harlan Fiske Stone Scholar
Following is a selected sampling of matters and is provided for informational purposes only. Past success does not indicate the likelihood of success in any future matter.

Representative Matters

Government and Internal Investigations

  • Conducted internal investigations for a Fortune 100 company related to sales practices.
  • Represented Poloniex, LLC in settlement with the SEC.
  • Represented Poloniex, LLC in settlement with OFAC.
  • Represented fintech companies in regulatory investigations by federal and states regulators, including the DOJ, SEC, OFAC, CFTC, and multiple state attorneys general.
  • Represent national bank in CFPB investigation.
  • Represent national bank in CFTC investigation.
  • Represented dozens of individuals in FIRREA investigation by the DOJ.
  • Conducted internal investigations for public authority in response to whistleblower complaints.
  • Conducted internal investigations concerning revenue recognition practices, sales practices, manufacturing defect reporting risk, “me too” allegations, stock option backdating practices, and insider trading allegations.

Litigation

  • In re Tether and Bitfinex Crypto Asset Litigation, 19-CV-09236 (2023): Dismissal with prejudice for digital assets exchange in putative class action, alleging RICO, anti-trust, and Commodities Exchange Act claims.
  • FXCH, Ltd. v. Circle Internet Financial, LLC (“Circle”), JAMS No. 5400000177 (2023): motion to dismiss granted in full.
  • Represents FinTech company in consumer arbitrations.
  • Represents Toyota in class action litigation concerning alleged fuel tank defects, battery performance.
  • Lavery v. Sideprize LLC and Establish the Run LLC, No. 2022CH02437 (Illinois): motion to dismiss granted in qui tam action (2022)
  • Meaden v. HarborOne Bank, 1:23-cv-10467-DLC (2023):  represent HarborOne Bank in class action litigation concerning NSF fees.
  • Gustafson v. BAC Home Loans Servicing, L.P. (C.D. Cal. 2013): class certification of nationwide borrower class denied.
  • IKB International S.A. In Liquidation v. Bank of America Corp., (C.D. Cal. 2015): motion for summary judgment granted in full.
  • Isaac v. Ashley Furniture Industries, Inc., (D. Mass. 2017): motion to dismiss 93 A claims in putative class action granted in full.
  • Kolbe v. BAC Home Loans Servicing, L.P. (1st Cir. 2013, en banc): district court opinion granting motion to dismiss putative class action affirmed.
  • Magliacane v. City of Gardner et al,  (Mass. Superior 2018):  motion to dismiss and strike class allegations granted in full.
  • Presti v. Toyota Motor Sales U.S.A., Inc., (D. Mass. 2018): motion to dismiss claims in putative class action granted in full.
  • Principal Life Ins. Co. v. Bank of America Corp. (C.D. Cal. 2013): dismissal of claims challenging disclosures made in connection with the public offering and sale of mortgage-backed securities.

Previous Professional Experience

  • Partner, Goodwin Procter LLP, Boston
  • Associate, Hughes Hubbard & Reed LLP, Washington, D.C.

Educational Activities

  • Columbia Law School
    • Author, "Religious Conscientious Objection and the Establishment Clause in the Rehnquist Court: Seeger, Welsh, Gilette, and Section 6(j) Revisited" (2003)
    • Harlan Fiske Stone Scholar

Media

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Recognitions

The bar rules of some states require that the standards for an attorney's inclusion in certain public accolades or recognitions be provided. When such accolades or recognitions are listed, a hyperlink is provided that leads to a description of the respective selection methodology.

Professional Activities

  • Editor, Investigations Blog
  • Fellow, Boston Bar Foundation Society of Fellows
  • Former Co-chair, Class Actions Committee of the Litigation Section of the Boston Bar Association

Community

  • Member, Kids in Need of Defense Boston Advisory Committee

Leadership

  • ​​​Leader of Nelson Mullins’ Boston Litigation Team
  • Co-Chair of the Nelson Mullins Securities Practice Group

Matthew is the leader of Nelson Mullins’ Boston Litigation Team and co-chair of the firm’s Securities Practice.  He represents companies in high-stakes litigation with an emphasis on class action defense in the financial services and automotive industries, and the FinTech (blockchain, cryptocurrency, on-line gaming) industry. He also defends companies and individuals in government investigations and... enforcement actions involving the United States Department of Justice (DOJ), the Securities and Exchange Commission (SEC), the Consumer Financial Protection Bureau (CFPB), the Office of Foreign Assets Control (OFAC), the Commodity Futures Trading Commission (CFTC), the Office of the Comptroller of the Currency (OCC), the Federal Deposit Insurance Corporation (FDIC), the Financial Industry Regulatory Authority (FINRA), and various state attorneys general, departments of financial services, and licensing agencies. Matthew also conducts internal investigations for companies and special board committees.

Matthew is a 2023 Massachusetts Super Lawyer and has been repeatedly recognized as a Super Lawyer and "Rising Star." He has developed in-depth knowledge of the business of digital assets and cryptocurrency, auto financing, mortgage loan origination, servicing and securitization, fair lending, commercial real estate, on-line gaming, and automotive manufacturing and sales businesses. He also frequently advises on clients on issues related to the securities laws, corporate governance, financial institution regulation, gaming, and sanctions compliance.  Matthew advises and represents corporations, officers, and boards of directors and their committees in business litigation matters.

Experience

Following is a selected sampling of matters and is provided for informational purposes only. Past success does not indicate the likelihood of success in any future matter.

Representative Matters

Government and Internal Investigations

  • Conducted internal investigations for a Fortune 100 company related to sales practices.
  • Represented Poloniex, LLC in settlement with the SEC.
  • Represented Poloniex, LLC in settlement with OFAC.
  • Represented fintech companies in regulatory investigations by federal and states regulators, including the DOJ, SEC, OFAC, CFTC, and multiple state attorneys general.
  • Represent national bank in CFPB investigation.
  • Represent national bank in CFTC investigation.
  • Represented dozens of individuals in FIRREA investigation by the DOJ.
  • Conducted internal investigations for public authority in response to whistleblower complaints.
  • Conducted internal investigations concerning revenue recognition practices, sales practices, manufacturing defect reporting risk, “me too” allegations, stock option backdating practices, and insider trading allegations.

Litigation

  • In re Tether and Bitfinex Crypto Asset Litigation, 19-CV-09236 (2023): Dismissal with prejudice for digital assets exchange in putative class action, alleging RICO, anti-trust, and Commodities Exchange Act claims.
  • FXCH, Ltd. v. Circle Internet Financial, LLC (“Circle”), JAMS No. 5400000177 (2023): motion to dismiss granted in full.
  • Represents FinTech company in consumer arbitrations.
  • Represents Toyota in class action litigation concerning alleged fuel tank defects, battery performance.
  • Lavery v. Sideprize LLC and Establish the Run LLC, No. 2022CH02437 (Illinois): motion to dismiss granted in qui tam action (2022)
  • Meaden v. HarborOne Bank, 1:23-cv-10467-DLC (2023):  represent HarborOne Bank in class action litigation concerning NSF fees.
  • Gustafson v. BAC Home Loans Servicing, L.P. (C.D. Cal. 2013): class certification of nationwide borrower class denied.
  • IKB International S.A. In Liquidation v. Bank of America Corp., (C.D. Cal. 2015): motion for summary judgment granted in full.
  • Isaac v. Ashley Furniture Industries, Inc., (D. Mass. 2017): motion to dismiss 93 A claims in putative class action granted in full.
  • Kolbe v. BAC Home Loans Servicing, L.P. (1st Cir. 2013, en banc): district court opinion granting motion to dismiss putative class action affirmed.
  • Magliacane v. City of Gardner et al,  (Mass. Superior 2018):  motion to dismiss and strike class allegations granted in full.
  • Presti v. Toyota Motor Sales U.S.A., Inc., (D. Mass. 2018): motion to dismiss claims in putative class action granted in full.
  • Principal Life Ins. Co. v. Bank of America Corp. (C.D. Cal. 2013): dismissal of claims challenging disclosures made in connection with the public offering and sale of mortgage-backed securities.

Previous Professional Experience

  • Partner, Goodwin Procter LLP, Boston
  • Associate, Hughes Hubbard & Reed LLP, Washington, D.C.

Educational Activities

  • Columbia Law School
    • Author, "Religious Conscientious Objection and the Establishment Clause in the Rehnquist Court: Seeger, Welsh, Gilette, and Section 6(j) Revisited" (2003)
    • Harlan Fiske Stone Scholar

Education

  • Columbia Law School, JD (2004)
    • Articles editor, Columbia Journal of Law and Social Problems
  • Northwestern University, BA (2001)

Admissions

  • District of Columbia
  • Maryland
  • Massachusetts
  • Vermont
  • U.S. District Court for the District of Massachusetts
  • U.S. District Court for the District of Maryland
  • U.S. District Court for the District of Vermont
  • U.S. District Court for the District of Wisconsin
  • U.S. Bankruptcy Court for the District of Massachusetts
  • U.S. Court of Appeals for the First Circuit
  • U.S. Court of Appeals for the Ninth Circuit
  • U.S. Court of Appeals for the Eleventh Circuit

Clerkships

  • Law Clerk, The Honorable Michael W. Farrell, District of Columbia Court of Appeals (2004 - 2005)

Practice Areas

Industries

The bar rules of some states require that the standards for an attorney's inclusion in certain public accolades or recognitions be provided. When such accolades or recognitions are listed, a hyperlink is provided that leads to a description of the respective selection methodology.

  • Editor, Investigations Blog
  • Fellow, Boston Bar Foundation Society of Fellows
  • Former Co-chair, Class Actions Committee of the Litigation Section of the Boston Bar Association
  • Member, Kids in Need of Defense Boston Advisory Committee
  • ​​​Leader of Nelson Mullins’ Boston Litigation Team
  • Co-Chair of the Nelson Mullins Securities Practice Group
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