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Matthew J. Kucharson Partner

Matt is a member of the Litigation practice who specializes in representing publicly-traded and privately-held companies, financial institutions, and governmental bodies in a wide variety of business, corporate, commercial, consumer, securities, public law, and other disputes.  He is also experienced in white collar defense, and represents both individuals and corporations in connection with SEC investigations and enforcement actions.

Examples of Matt’s litigation experience and successful representation of clients include:

Business, Corporate, Commercial, and Consumer Litigation

  • Prosecuting an action on behalf of Calfee’s client seeking a return of the servicing rights to mortgage loans with a value in excess of $1 billion, as well as several million dollars in damages for improper loan servicing―resulted in a highly favorable settlement worth over $20 million to the client.
  • Representing Calfee’s client in a dispute involving breaches of representations and warranties made in connection with its acquisition of a company―obtained a $1.2 million cash settlement on behalf of the client from the former shareholders of the acquired company.
  • Prosecuting an action on behalf of Calfee’s client seeking to recover payments made for renovations to a building that were never completed―after a four-day bench trial, obtained a judgment in favor of the client awarding it the full amount of those payments.
  • Defending two related, multi-million dollar actions against Calfee’s client regarding several alleged fraudulent real estate transactions―one action resulted in a favorable settlement at a 92% discount from the plaintiff’s alleged damages, and the other action was dismissed upon the granting of a dispositive motion.
  • Defending a breach of contract action brought by an estate and trust against Calfee’s client seeking approximately $1 million in damages arising from a real estate development project―resulted in a favorable settlement at a 70% discount from the plaintiffs’ alleged damages.
  • Prosecuting an action on behalf of Calfee’s client arising out of a misappropriation of highly valuable trade secrets by former officers and employees―obtained a preliminary injunction prohibiting the officers and employees from using, disseminating, or disclosing such trade secrets during the pendency of the litigation, and subsequently obtained a favorable cash settlement.
  • Defending a multi-state, multi-million dollar class action against Calfee’s client relating to the creation, marketing, and sale of a program designed to provide healthcare discounts to consumers―resulted in the court granting a dispositive motion based upon a unique legal argument under the Ohio Consumer Sales Practices Act principally developed by Matt (a matter of first impression in Ohio).

Securities, Public Law, and Other Disputes

  • Defending a securities fraud class action against Calfee’s client seeking hundreds of millions of dollars in damages―dispositive motion with respect to the plaintiffs’ securities fraud claims was granted, and the other claims against the client were voluntarily dismissed with prejudice as a result.
  • Assisting in the representation of Calfee’s client, a federal receiver, appointed to recover $28 million in investor funds misappropriated in an securities investment Ponzi scheme―resulted in the recovery of more than $47 million worth of assets to date through litigation with several third-party financial institutions (one of the only documented Ponzi schemes in history in which defrauded investors recovered greater than 100% of their money).
  • Defending an action brought by a registered representative against Calfee’s client claiming improper classification as an independent contractor and seeking to recover approximately $1 million in damages―after a three-day arbitration, resulted in a zero-dollar award.
  • Prosecuting an action on behalf of Calfee’s client seeking a judgment declaring that the client has the authority to implement a regional stormwater management program throughout Northeast Ohio and to finance such program through the imposition of a stormwater fee upon property owners―achieved a complete victory at the Supreme Court of Ohio, which held that the client possessed such authority.
  • Prosecuting an action on behalf of Calfee’s client seeking unpaid wages, unreimbursed expenses, and liquidated damages under section 4113.15 of the Ohio Revised Code―successfully negotiated a settlement for the payment of those wages and expenses.
  • Prosecuting an action on behalf of Calfee’s client seeking a judgment declaring that the client has the authority to implement a regional stormwater management program throughout Northeast Ohio and to finance such program through the imposition of a stormwater fee upon property owners – achieved a complete victory at the Supreme Court of Ohio, which held that the client possessed such authority.

Matt is a member of the Cleveland Metropolitan Bar Association.  He is active in the Legal Aid Society of Cleveland, and has successfully mediated and tried cases for his pro bono clients.  He also participates in fundraising and charitable events for the Ohio Buckeye Chapter of the National M.S. Society.  Matt received his J.D., summa cum laude, from Cleveland-Marshall College of Law, and his B.A., cum laude, from Xavier University.

Before joining Calfee in 2007, Matt was employed by Plante & Moran PLLC, a public accounting firm providing attestation and tax services for large privately-held companies.