Matthew E. Liebson

Practices

• Antitrust, Competition & Distribution
• Business Litigation
• Life Sciences

Professional Experience

Matthew focuses his practice on antitrust, unfair competition litigation and related business torts, as well as advising clients on antitrust and unfair competition matters, including covenants not to compete and trade secret matters. Matthew also drafts product distribution agreements, advises clients on distributor termination issues, and litigates dealer termination and franchise matters. Matthew has extensive experience in multidistrict litigation, dispositive motion practice, and complex discovery management.

Matthew is admitted to practice in the state courts of Ohio and before the United States District Court for the Northern District of Ohio, the United States District Court for the Southern District of Ohio, and the United States Court of Appeals for the Sixth Circuit. He also has practiced in more than a dozen other district courts and in the state courts of nine other states.

Education

• Harvard Law School, J.D., 1999
• Denison University, B.A., 1996, Philosophy, Politics and Economics, summa cum laude

• Antitrust
• Ongoing representation of supplier of replacement key blanks and automatic key machine systems in monopolization, attempted monopolization and conspiracy litigation.
• Obtained dismissal as to all counts, with prejudice, in antitrust, fraud, and tortious interference case on behalf of a manufacturer of roofing materials. There was no appeal.
• Obtained dismissal of antitrust conspiracy and defamation claims brought by large national real estate brokerage system against residential real estate broker in Cleveland.
• Successful settlement of civil antitrust litigation (resale price maintenance) on behalf of a distributor of mechanical power transmission parts.
• Representation of manufacturers of high pressure laminates and magnetic iron oxide in both direct purchaser and indirect purchaser antitrust (price fixing) class actions in multiple state and federal courts.
• Representation of defendants as Ohio counsel in multi-district antitrust (price fixing)litigation involving hydrogen peroxide and rubber chemicals.
• Other Competition Litigation
• Obtained federal preliminary injunction involving misappropriation of trade secrets by national accounting firm and denial of preliminary injunction against client accounting firm in related state court proceedings.
• Reversal on appeal of jury verdict finding breach of fiduciary duty and award of prejudgment interest for breach of a confidentiality agreement in trade secret misappropriation case on behalf of a manufacturer of solvent cement.
• Ongoing representation of manufacturers of sanitary processing components and belleville disc springs in trade secret misappropriation litigation.
• Defense of Italian manufacturer and related U.S. entities against contract and tort claims arising from termination of North American sales representative.
• Advisory Services
• Negotiation and drafting of dealer, distributor, sales representative and other production distribution or supply arrangements and advising regarding termination of distribution arrangements.
• Counseling clients and drafting of agreements for the transfer of intellectual property, protection of trade secrets, and the drafting and execution of nondisclosure agreements.
• Counseling clients regarding covenants not to compete and other restrictive covenants.
• Advising clients in deceptive trade practices and Lanham Act claims.
• Counseling clients regarding sweepstakes, contests and promotions.
• Additional Litigation Experience
• Acting pro bono, obtained writ of habeas corpus based on ineffective assistance of counsel, setting aside a first-degree murder conviction with a mandatory life sentence, in a published Sixth Circuit opinion.
• Successful representation of limited liability company in Delaware Chancery Court "books and records" action.
• Member of defense team, acting as national counsel in defense of nationwide pharmaceutical (HRT) product liability litigation, with day-to-day responsibility for entire docket totaling several thousand cases.
• Assisted successful defense of pharmaceutical company in complex fraud and breach of contract litigation brought by another pharmaceutical company for tens of millions of dollars in compensatory damages, plus punitive damages and attorney fees. Plaintiff was forced to voluntarily dismiss all claims with prejudice rather than force continued sanctions proceedings and likely summary judgment.
• Representation of manufacturer of oil well and pipeline equipment in fraud claims arising from stock and asset sales.
• Successful defense of City of Akron in litigation by local governments challenging Akron’s control and use of the waters of the Cuyahoga River.
• Selected Cases:
• Stewart v. Wolfenbarger, 468 F.3d 338 (6th Cir. 2006)
• Keller v. Palisin, No. 1:07-cv-795, 2008 U.S. Dist. LEXIS 12420 (N.D. Ohio Feb. 20, 2008)
• Robbins & Myers, Inc. v. J.M. Huber Corp., No. 01-CV-0201E(F), 2007 U.S. Dist. LEXIS 75999 (W.D.N.Y. Sep. 28, 2007)
• Alexander Mill Services, LLC v. Bearing Distributors, Inc., No. 2:06-cv-1116, 2007 U.S. Dist. LEXIS 72829 (W.D. Pa. Sep. 28, 2007)
• Bearing Distributors, Inc. v. Rockwell Automation, Inc., No. 1:06-cv-831, 2006 U.S. Dist. LEXIS 67327 (N.D. Ohio Sep 20, 2006)
• RE/MAX Int'l, Inc. v. Smythe, Cramer Co., 265 F. Supp 2d. 882 (N.D. Ohio 2003)
• RPM, Inc. v. Oatey Co., 2005 Ohio 1280

• Co-Author "The Latest in M&A Regulation" · Law 360, September 3, 2010
• Author, "The Sixth Circuit's 'Necessary Predicate' Doctrine: An Extra Antitrust Hurdle for Terminated Distributors?" · which appeared in Distribution - The Newsletter of the Distribution and Franchising Committee, Antitrust Section - American Bar Association, (Vol. 13, No. 3 - April 2010)
• Ohio Editor, Business Torts: A Fifty State Guide · (Aspen), 2007-2009 editions
• Contributor, Consumer Protection Law Developments · ABA Section of Antitrust Law, 2009
• Co-Author, "Cross Border Fraud Enforcement: Who's In the Crosshairs" · Antitrust Magazine, Summer 2004
• Author, "The FDA and Title 18: Criminal Enforcement in Food and Drug Cases, Peter Barton Hutt, ed. · Food and Drug Law: An Electronic Book of Student Papers, 1999

• Rules for Playing with Competitors: Laws Governing Horizontal Relationships, OSBA Antitrust Institute, October 27, 2006
• Appellate Motion Practice in Ohio, Cleveland, 2006
• Managing Motion Practice in Related, Parallel and Consolidated Litigation, Cleveland, 2006
• Recent Developments in Criminal Enforcements of the Antitrust Laws, Cleveland, Ohio, July 25, 2007
• Keeping Clients out of Trouble in Troubled Economic Times: How Antitrust Laws Apply to Business Strategies in an Economic Downturn – Vertical Restraints, OSBA Annual Convention, Antitrust Section, May 14, 2009

• Selected to be an Ohio Super Lawyers Rising Star in 2009 - Antitrust Litigation
• Listed in Who's Who in American Law, 2007 - present