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Matthew G. Ball

Partner
+1.415.249.1014
Fax +1.415.882.8220
Matthew Ball is a litigation partner and business trial lawyer in K&L Gates’ San Francisco office. He focuses on class action defense and strategic commercial litigation for consumer-focused industries, such as homebuilders, consumer financial services, as well as makers of food, dietary supplements, and homeopathic remedies, among other consumer products. He also represents employers in wage and hour class actions, and plaintiffs and defendants in complex commercial and intellectual property litigation.

At times “strategic litigation” means finding the “silver bullet” argument that leads to a win on summary judgment, or to the defeat of class certification, or persuading the other side that a favorable settlement is in their best interests. Other times, when necessary, it means trying a case successfully to verdict. Mr. Ball has extensive experience resolving all types of legal issues in federal and state courts, as well as in alternative dispute resolution settings.

Mr. Ball has been named a Northern California Super Lawyer from 2010 to 2017, and has been peer rated in the Martindale Hubbell directory as AV® Preeminent™, the highest rating in ethical standards and legal ability.

Professional Background

Mr. Ball served as judicial clerk for the Hon. Robert E. Coyle, U.S. District Judge for the Eastern District of California, from 1997 to 1998.

Speaking Engagements

  • “Food Science in the Law: The Changing Landscape of Food and Beverage Labeling and Safety Issues,” panelist, Irvine California, November 10, 2015
  • “What You Need to Know About Defending Cyber Related Class Action Litigations,” K&L Gates Presentation, January 15, 2015
  • "Preventative Medicine: Limiting Your Exposure to the Consumer Protection Lawsuit Before It Happens," A Roundtable Discussion for the Dietary Supplements Industry
  • “Private Attorney General” Actions Under California’s Unfair Competition Law: What Every Lawyer Should Know
  • “Expert Witnesses: How to Help Attorneys Get the Most Out of Your Retention, Credibility Pitfalls"
  • “2006 Class Action & UCL Conference”
Publications
  • Co-edited the 50-state treatise, “State Class Actions: Practice and Procedure,” with Todd L. Nunn and Irene C. Freidel (Wolters Klewer 2010). Co-authored the California chapter of that treatise.
Mr. Ball’s representative engagements, which he led or handled as a key member of the team include:

Business Trials

  • Defeated 97% of plaintiff’s damage claims as part of a three-person trial team in federal jury trial alleging breach of contract to pay finder’s fee.
  • Obtained finding of no liability on behalf of large industrial manufacturer as part of a four-person trial team in state court bench trial lasting more than six months where plaintiff sought a joint and several award of damages exceeding $150 million for alleged groundwater contamination.
  • Won federal jury trial on behalf of financial advisor alleging nonpayment of various fees.
  • Won a complete defense verdict in four-month state jury trial as part of three-person trial team on behalf of an investment banker and financial advisor; the amount claimed was in the nine-figure range.

Published Decisions

  • Castillo v. Toll Bros., Inc., 197 Cal. App. 4th 1172 (2011)

Consumer Litigation and Class Actions

  • Won motion to dismiss in class action alleging that national manufacturer of snacks misrepresented various pretzel and potato chip products as “natural” and “free of preservatives”
  • Defeated putative class action against homebuilder on summary judgment alleging violation of California Labor Code laws.
  • Obtained favorable settlement for the board of directors of a large timeshare organization in complex derivative lawsuit.
  • Won motion to dismiss on behalf of broker-dealer subsidiary of large bank in putative class action involving mutual fund breakpoint discounts.
  • Settled putative class action on a favorable, non-class basis on behalf of game console and game manufacturer after motion to dismiss filed.
  • Obtained numerous favorable pre-filing settlements in putative class actions threatened against makers of foods, homeopathic remedies, and dietary supplements.
  • Prevented a California regulatory agency from enforcing laws preempted by federal statute against a mortgage lender by obtaining a favorable preemption ruling from a federal court.
  • Defeated class certification in a consumer class action alleging that a large insurer engaged in improper collision repair claims practices.

Other Commercial Litigation

  • Defeated a federal court action against a software company that alleged entitlement to a substantial amount of stock options. < li="" />
  • Unraveled a complex Southern California land fraud scheme to achieve a favorable settlement for a foreign bank who sought to recover money on behalf of its depositors.

Intellectual Property Litigation

  • Obtained summary judgment for venture capital funds and one of the funds’ principals in a case alleging misappropriation of trade secrets.
  • Won a six-figure award of attorneys fees for venture capital funds and one of the funds’ principals in trade secret case, after establishing the trade secret case had been maintained in bad faith.
  • Achieved a favorable “courthouse steps” settlement in a Lanham Act case on behalf of a grower, wholesaler, and retailer of a specialty agricultural product.