Matthew S. Trokenheim
Matthew S. Trokenheim is an experienced commercial litigator whose focus is on helping clients reach successful resolution of their complex business disputes. Matt partners with clients to provide pre-litigation consultation and day-to-day business advice; when conflicts do arise, he works to strategize and chart the course of litigation in ways to help clients meet their overall goals and business objectives. He has extensive experience in all phases of litigation and appeals across a wide set of industries and practice areas. He represents clients in disputes involving breaches of contract; copyright and trademark infringement; misappropriation of trade secrets; fraud, misrepresentation and civil RICO claims; professional liability claims; breaches of fiduciary duty; health care and life sciences issues; civil white-collar matters; and other business disputes. He has also conducted international internal investigations of employee misconduct, including violations of the Foreign Corrupt Practices Act, and represents clients in regulatory inquiries by state and federal agencies.
- Favorable settlement in a waste-oil refinery in multi-party environmental litigation involving liability and contribution under federal and state environmental protection laws.
- Obtained motions to dismiss for a modeling agency in two industry-wide class action lawsuits by models alleging fraudulent industry practices.
- Obtained summary judgment on liability for the owner of commercial aircraft against airline holding company guarantor of a bankrupt airline’s lease of a Boeing 757. Won substantial monetary award after trial on damages.
- Favorable settlement between nursing homes and corporate parents in dispute with sub-lessor to nursing homes. Minimal payment to plaintiffs.
- Favorable settlements for an international bank in multidistrict litigation against a hedge fund involving allegations of collusion, fraud, and other business torts.
- Obtained order granting summary judgment and judgment of foreclosure for a commercial lender in $30 million mortgage foreclosure action against residential real estate developer, junior lender, and mechanics lienors.
- Favorable settlement for a commercial real estate developer in a dispute with joint venture partners. Settled favorably.
- Medical supplies wholesaler in trademark and unfair competition action concerning importation of international grey market goods.
- Successfully limited the rate increase for a music broadcaster in statutory copyright royalty rate-setting proceeding before the Copyright Royalty Judges.
- Successfully unsealed documents for an internet news website seeking access to documents related to seizure warrants on First Amendment grounds.
- Favorable settlements for a car-rental company in an action by model alleging the use of her image without consent in an advertisement.
- Internal investigations of international technology manufacturer for potential violations of the Foreign Corrupt Practices Act.
- Private equity fund in price fixing and market allocation investigation by the Department of Justice.
- Art dealer investigated by the N.Y.S Department of Taxation. Investigation terminated with minimal payment.
- Hedge fund employee in enforcement action by SEC.
- Obtained dismissal of $2.5 million action for a telecommunications provider responding to appeal of dismissal on an issue of first impression before the New York Court of Appeals and Appellate Division, First Department.
- Partner in real estate holding company appealing decision in corporate dissolution action in the New York Court of Appeals and Appellate Division, First Department.
- LGBT law enforcement officers and first responders submitting amicus briefs supporting marriage equality in the United States Supreme Court and several Circuit Courts of Appeals. The U.S. Supreme Court ruled favorably to our position and referenced our brief in its decision.
- Labor Union seeking rehearing en banc from the Third Circuit Court of Appeals and then petitioning for a writ of certiorari from the United States Supreme Court regarding obligations under a collective bargaining agreement. Petition denied.
Honors & Awards
Martindale-Hubbell Peer Review Rating: AV Preeminent
- New York
- U.S. District Court for the Southern and Eastern Districts of New York
- U.S. Court of Appeals for the Second Circuit
- U.S. Supreme Court
- New York University School of Law, J.D., 2005
- Columbia University, B.A., 1995
- New York State Bar Association
Publications & Events
- Co-Presenter, “D&O Liability in the Digital Age,” New York City Association of Insurance Women (NYCAIW) Breakfast and Learn, New York City, New York, April 6, 2018