Litigation

Head of Arnold & Porter LLP's Los Angeles office, Matthew Heartney represents corporations, energy companies, financial institutions, technology companies and startups, investors, corporate directors and officers, and other clients in lawsuits and regulatory proceedings involving antitrust, environmental law, Racketeer Influenced and Corrupt Organizations Act (RICO), products liability, and federal securities statutes. He has tried jury and non-jury lawsuits in federal and state court, conducted arbitration and alternative dispute resolution (ADR) proceedings, directed internal investigations, and counseled clients on a wide range of issues involved federal and state law.

Litigation Representative Matters

• Represents a leading financial institution based in Southern California in an array of matters relating to residential mortgage backed securitizations.
• Representation of BP with respect to the Deepwater Horizon Gulf of Mexico oil spill, including with respect to regulatory appeals regarding alleged incidents of non-compliance relating to, and royalty and production reporting issues concerning, the Macondo well.
• In re Methyl Tertiary Butyl Ether (MTBE) Products Liability Litigation, MDL 1358. Representation of leading defendant in ongoing national MDL proceedings involving the gasoline additive MTBE. Also participated in leading MTBE cases not included in the MDL, including City of Santa Monica v. Shell Oil Co., et al. and South Tahoe Public Utility District v. Atlantic Richfield Co., et al.
• Native Village of Kivalina v. ExxonMobil Corp., et al. Represented defendant in a leading public nuisance and conspiracy lawsuit seeking to hold a subset of selected energy companies liable for alleged harm caused by global warming to an Inupiat village on the western Alaska coast, purportedly as a result of defendants' greenhouse gas emissions.
• In re Ford Motor Company Ignition Switch Products Liability Litigation, MDL 1112. Represented nationwide subrogation plaintiff in asserting claims based on vehicle fires caused by defective ignition switch. Also participated in related proceedings before the National Highway Transportation Safety Administration.
• Alaska Gasline Port Authority v. ExxonMobil Corp., et al. Defended federal antitrust lawsuit alleging that owners of Alaska North Slope natural gas reserves conspired to block plaintiff's ability to construct a US$24 billion pipeline to transport Alaska gas to the lower 48 states. District court granted motion to dismiss the action; appeal filed and then dismissed.
• Fran Am Partnership v. Sports Car Club of America, et al. Defended federal antitrust lawsuit alleging that the leading national amateur racing club unlawfully sought to exclude newly-designed formula racing vehicle from club racing events.
• In re Tenet Healthcare Corporation Corporate Derivative Litigation. Represented six outside directors of leading for-profit hospital owner/operator in federal and state shareholder litigation. Resulted in dismissal of all claims against these parties without any payment or other consideration on their part.
• Ward v. Guinness plc. Represented leading international drinks company and three individual defendants in RICO lawsuit alleging fraud and conspiracy relating to ouster of prior management after discovery of securities manipulations in corporate takeover