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Matthew D. Brown is a partner in the Cooley Godward Kronish Litigation Department and works in the San Francisco office. He has been with the Firm since 1998.
Mr. Brown's practice includes complex contract and commercial disputes, intellectual property, Internet-related issues, and white-collar criminal defense.
Mr. Brown represents clients in a wide array of cases in state and federal courts across the country, as well as in alternative dispute resolution (ADR) proceedings. Mr. Brown has substantial trial experience, having been involved in ten trials to date, including five as sole trial counsel and three as second-chair trial counsel. He also has substantial experience briefing and arguing cases in the appellate courts.
Mr. Brown has extensive experience managing complex cases, including developing legal theories and strategic plans, drafting and arguing motions, working with fact and expert witnesses, and engaging in discovery. He routinely litigates document-intensive cases, and is knowledgeable about the issues and procedures associated with electronic discovery.
(See list of representative litigation matters below.)
Mr. Brown also provides counseling to companies that are seeking to assess and to manage potential liability risks. For example, he has advised companies developing new digital and web-based products and services, including those that allow for distribution of user-generated content, on managing the risk of copyright liability. He has also advised Web 2.0 companies on appropriate responses to subpoenas and other requests for disclosure of user information and content. Additionally, he has advised companies on available options and strategies when company-related information or potentially defamatory commentary appears on blogs, message boards, or other websites.
In 2006, as part of a firm-sponsored program, Mr. Brown served as an Assistant District Attorney for the City and County of San Francisco, prosecuting criminal cases such as sexual battery, child endangerment, burglary, carrying a concealed weapon, battery, hit-and-run, and driving under the influence.
In 2009, Mr. Brown was elected to The American Law Institute (ALI).
Mr. Brown received a J.D., cum laude, from Harvard Law School in 1998. While in law school, he represented tenants in Boston Housing Court through the Legal Services Center. He wrote his third-year paper on the federal copyright preemption issues associated with mass-market information licenses such as "shrinkwrap" and "click-through" software licenses.
Mr. Brown received an A.B. from Cornell University, College of Arts and Sciences, in 1992 with a major in Philosophy and concentration in Government. He graduated with distinction and was elected to Phi Beta Kappa.
Mr. Brown is an author of the following publications:
Representative Litigation Matters
Complex Contract and Commercial Litigation
- In re Gilead Sciences Securities Litigation: Represent public company in securities class action filed on behalf of putative class of shareholders.
- In re Pacific Gas & Electric Co.: Member of trial team that won bankruptcy court approval of PG&E's plan of reorganization under Chapter 11, the largest utility bankruptcy proceeding in U.S. history.
- Northrop Grumman Corp. v. Adaptive Broadband Corp.: Represented defendant in litigation alleging breach of contract and misrepresentation in connection with plaintiff's acquisition of division of company.
- Represented acquirer of privately held company in dispute with selling shareholders that involved claims of breach of contract, misrepresentation, and concealment.
Intellectual Property and Internet
- Capitol Records, LLC, et al. v. VideoEgg, Inc. and Hi5 Networks, Inc.: Represented operator of social networking website in case in which plaintiff music recording and publishing companies alleged copyright infringement on basis of website users' uploading of video files.
- MGM Studios Inc. v. Grokster, Ltd.: Prepared amicus brief in the U.S. Supreme Court on behalf of nine emerging technology companies in landmark case involving secondary liability for copyright infringement in the context of peer-to-peer file-sharing software. Brief was cited in the Court's unanimous opinion. 125 S. Ct. 2764, 2775 (2005). Provided commentary on the decision for an NPR news report.
- Kathleen R. v. City of Livermore: Authored amicus brief and successfully argued before California Court of Appeal on behalf of over 100 cities and counties on issue of first impression in courts nationwide: whether § 230 of federal Communications Decency Act preempted state-law claims against city based on minor's access to allegedly harmful Internet content at public library. 87 Cal. App. 4th 684 (2001).
- ViroLogic, Inc. v. Doe: Represented biotechnology company in case alleging that anonymous poster on Yahoo! message board disclosed confidential company information. On issue of first impression, received favorable appellate ruling that client's due process rights were violated by trial court order disallowing outside counsel from revealing defendant's identity to company executives for purposes of responding to defendant's anti-SLAPP motion to strike the complaint. One news report called this decision "groundbreaking." Nos. A101571, A102811, 2004 WL 1941335 (Cal. Ct. App. Sep. 1, 2004).
White-Collar Criminal Defense
- Represented insurance broker formerly with Marsh & McLennan in nine-month trial prosecuted by New York State Attorney General, alleging thirty-seven counts of scheme to defraud, restraint of trade and competition, and grand larceny.
- Represented executive of national clinical laboratory company prosecuted by U.S. Department of Justice for conspiracy to defraud Medicare program. Won judgment of acquittal at trial in District of Massachusetts.
- Represented defendant in white-collar criminal case alleging conspiracy to defraud Federal government. After successful second petition to U.S. Supreme Court, 128 S. Ct. 854 (2008), successfully argued that court of appeals should affirm sentence imposed by district court, which prosecutors had fought for six years and court of appeals had earlier twice reversed. 544 F.3d 22 (1st Cir. 2008).
Pro Bono
- By appointment of court, represented petitioner in habeas corpus appeal to U.S. Court of Appeals for the Ninth Circuit involving issues of due process and admissibility of hearsay evidence at civil commitment hearings.
- Submitted amicus brief on behalf of the Innocence Network in habeas corpus case before U.S. Court of Appeals for the Ninth Circuit, Souliotes v. Hedgpeth, concerning claim of actual innocence based on new scientific evidence.
- Submitted amicus brief on behalf of the innocence Network in case before U.S. Supreme Court, Fry v. Pliler, addressing harmless error standard in habeas corpus cases.
Education- Harvard Law School
JD, 1998, cum laude - Cornell University
AB Philosophy, 1992, with Distinction, Phi Beta Kappa
Court Admissions
- All California State Courts
- U.S. Court of Appeals, First Circuit
- U.S. Court of Appeals, Ninth Circuit
- U.S. District Court, Northern District of California
- United States Supreme Court
Admissions
Memberships
- American Bar Association
- American Law Institute
- National Association of Criminal Defense Lawyers
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