Matthew P. Valenti

A selection of Matthew’s experience includes:

• SEC v. SolarWinds. Won complete dismissal of closely-watched SEC enforcement action against SolarWinds and its CISO stemming from a supply-chain attack conducted by the Russian government through SolarWinds software. After obtaining a ruling dismissing most of the SEC’s claims and rejecting legal theories key to the SEC’s cyber enforcement agenda, Latham zealously defended the company’s cybersecurity program in discovery, leading the SEC to voluntarily dismiss its remaining claims.
• Accellion Data Breach Litigation. Defended leading supplier of secure file-transfer software in consumer class action litigation concerning breaches of the software. Obtained dismissal of almost all claims, including all statutory damages claims, in federal court, vastly reducing potential litigation exposure for the client. Obtained dismissal of all claims brought in state court. Also obtained dismissal of indemnification lawsuit brought by business customer.
• E-Commerce Data Privacy Litigation. Representing a global e-commerce company in multiple class actions relating to data privacy practices. Have obtained multiple rulings compelling arbitration, defeating novel arguments challenging the enforceability of the company’s arbitration clause, including challenges to a batching provision designed to address mass arbitration.
• Fraud Suit Against Energy Company. Represented an energy company and achieved complete dismissal of claims brought against it in a US$700 million M&A dispute in the Southern District of New York by two investment funds that sold their stake in the company’s parent prior to a buyout transaction that valued the company at a higher amount than during the plaintiffs’ sale.
• BNP Paribas Securities Litigation. Achieved a rare reversal of a denial of a motion to dismiss in a securities act case pending in the Supreme Court of New York. The case arose out of a secondary offering of ViacomCBS securities and the well-publicized March 2021 collapse of Archegos Capital Management.
• Philip Morris International Securities Litigation. Achieved significant district court and appellate wins in a federal securities class action brought against Philip Morris. Plaintiffs sued in New Jersey and in New York, claiming violations of Sections 10(b) and 20(a) of the Exchange Act based on Philip Morris’ alleged failure to disclose details relating to clinical experiments involving the product IQOS. The matter in the District of New Jersey was voluntarily dismissed, and Latham achieved a dismissal of all claims with prejudice in the Southern District of New York. The Second Circuit affirmed the Southern District of New York’s dismissal of all claims in a unanimous decision. Latham represented Philip Morris in both the district court and Second Circuit.
• Eaton Electric False Marketing/Advertising Litigation. Won a complete dismissal of claims against Eaton in a case brought by its competitor in the Southern District of New York, alleging that Eaton misrepresented and falsely advertised its compliance with electrical testing safety standards. The district court granted Eaton’s motion to dismiss on two independent bases and the Second Circuit affirmed the ruling on appeal. Latham represented Eaton in both the district court and Second Circuit