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Fulbright & Jaworski L.L.P.

Matthew Kirtland, Kirtland, Fulbright & Jaworski L.L.P., Fulbright & Jaworski, Fulbright and Jaworski, Fulbright, litigation, Washington D.C., Washington DC, contracts, government, USCIB, ICC
Matthew H. Kirtland - Fulbright & Jaworski LLP
Matthew H. Kirtland
Partner
D: +1 202 662 4659
Washington, D.C.
Market Square
801 Pennsylvania Avenue, N.W.
Washington, DC 20004-2623
T: +1 202 662 0200
F: +1 202 662 4643
AREAS OF CONCENTRATION
EXPERIENCE

Matthew Kirtland is a partner in the Washington, D.C., office of Fulbright & Jaworski, having joined in 1997.  He focuses his practice on dispute resolution with a particular focus on international and domestic arbitration, complex civil litigation and government contracts.  He is head of the Washington office international arbitration group and co-head of the firm's government contracts group.  He has represented corporate and individual clients, including officers and directors, from a diverse range of industries including energy, satellite television, pharmaceuticals, utilities, banking and finance, telecommunications, and health care.

Mr. Kirtland has first and second-chair experience in international and domestic arbitration, federal and state court and has argued before the United States Courts of Appeal for the District of Columbia and the Sixth Circuit as well as state courts of appeal.  In the field of international arbitration, he has handled UNCITRAL, AAA, ICDR, LCIA, ICSID, ICC and ad hoc proceedings.   

Mr. Kirtland also has extensive experience in white collar civil and criminal defense, having represented clients in investigations and civil, criminal and administrative proceedings involving the False Claims Act (including its qui tam provisions), securities fraud, health care fraud, defense contracting fraud, bank fraud and civil and criminal RICO. 

REPRESENTATIVE EXPERIENCE

Representative, significant cases include:

  • Representation of international satellite television distributor in commercial dispute. Amount in issue exceeded $375 million; LCIA proceedings
  • Representation of international conglomerate in commercial dispute in the financing sector. Amount in issue exceeded $350 million; LCIA proceedings
  • Representation of utilities company in expropriation dispute with sovereign state; ICSID proceedings
  • Representation of international commercial services entity in dispute with joint venturer; UNCITRAL proceedings
  • Representation of international service industry company in commercial dispute with local distributor; ICDR proceedings
  • Representation of international media services entity in dispute with domestic supplier; ICDR proceedings
  • Representation of American energy conglomerate in expropriation dispute with sovereign state; ICSID proceedings
  • Representation of nationwide pharmaceutical company in qui tam health care fraud litigation and parallel criminal investigation for alleged violations of the Anti-Kickback Statute; Successfully persuaded United States to decline to intervene
  • Representation of international energy company named as defendant in multi-billion dollar litigation; Obtained voluntary dismissal of all claims
  • Representation of chief financial officer of publicly traded corporation in civil securities fraud litigation; Obtained favorable settlement
  • Representation of defense contractor in qui tam litigation; Persuaded United States to decline to intervene; Obtained dismissal of claims with prejudice and affirmance of dismissal on appeal
  • Representation of nationwide pharmacy chain in qui tam health care fraud litigation and parallel criminal investigation; Negotiated favorable plea bargain and civil settlement
  • Representation of corporate officer of independent gas producer implicated in an energy price manipulation investigation by federal and state authorities
  • Representation of nationwide utilities company in commercial dispute; Obtained favorable settlement directly before trial
  • Representation of private university in wrongful discharge suit brought by former employee; Obtained favorable decision in domestic arbitration
PROFESSIONAL ACTIVITIES and MEMBERSHIPS
  • United States Council for International Business (USCIB)
    • Arbitration Committee
    • Young Arbitrators Forum
  • International Chamber of Commerce (ICC)
    •  Joint Task Force on Arbitration and Criminal Law
  • American Bar Association
  • District of Columbia Bar Association; Maryland Bar Association
  • International Bar Association
PUBLICATIONS

Select publications and speaking engagements include:

  • Co-author with Sue Ross, "Fraud Exception to "Government Contract Rule" for Personal Jurisdiction in the District of Columbia," Fulbright & Jaworski L.L.P. Briefing, February 2, 2012
  • "Fourth Annual Investment Treaty Arbitration Conference: A Debate and Discussion," Investment Arbitration in the Asia-Pacific Region, April 2010
  • "International Arbitration in the Banking and Financing Sector," International Commercial Arbitration Practice in the 21st Century, 2010
  • "Moral damages in investment treaty arbitration and Desert Line v Yemen," Arbitration News, Newsletter of the International Bar Association Legal Practice Division, March 2010
  • "Arbitration of Oil & Gas Disputes in Latin America: Taking Stock," International Law and Practice in the Exploration and Production of Hydrocarbons: The Latin American Case, February 2010
  • "Introduction to International Investment Law with BITs, Multilateral Agreements, Contracts and Statutes," International Law Institute, October 2009
  • "The Calculation of Damages in Investor State Arbitration," International Law Institute, October 2009
  • "Criminal Enforcement of the Federal Securities Act," The Federal Securities Act of 1933, 2008
  • "Private RICO Litigation," The Federal Securities Act of 1933, 2008
  • "Proximate Cause:  Must a Plaintiff Rely on the Defendants' Misrepresentation?" CIVIL Rico Actions, May 2004
  • "Extraterritorial Application of U.S. Antitrust Law: What is a 'Direct Substantial, and Reasonably Foreseeable Effect' under the Foreign Trade Antitrust Improvement Act?," Laws of International Trade, August 2003
  • "Oiling the Wheels: Addressing Bribery Overseas in U.K. and U.S. Litigation," Power Economics, April 30, 2002.  Reprinted in Water Power Dam Construction, June 2002
  • "When the G-Man Knocks," Legal Times, June 3, 2002
  • "Project Bad Bundle: Government Misuse of the False Claims Act," Health Care Fraud & Abuse Newsletter, 1998
EDUCATIONAL BACKGROUND

1997 - J.D., Duke University School of Law
1994 - B.A., summa cum laude, History and Communications, Macalester College

Mr. Kirtland is licensed to practice in Maryland and the District of Columbia.  He also is admitted to practice before the United States District Courts for Maryland and the District of Columbia, the United States Court of Federal Claims and the United States Courts of Appeals for the Fourth Circuit, the Sixth Circuit and the District of Columbia.

INTERESTS

In his free time, Mr. Kirtland enjoys literature, film and European history.







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