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Matthew C. Penny
 

Matthew C. Penny

Counsel
 
425 Lexington Avenue
New York, NY 10017 

Matthew C. Penny is Counsel in the Firm’s Litigation Department, representing clients in complex commercial litigation. Matthew litigates high-stakes cases in trial and appellate courts across the country and regularly advises clients in connection with matters involving insurance coverage, internal investigations, mergers and acquisitions, and securities and breach-of-contract claims, among others.

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Work Highlights

 

  • Travelers in winning summary judgment defeating a multi-billion-dollar insurance coverage demand for public nuisance lawsuits arising from the opioid crisis
  • A major U.S. insurer in a multi-billion-dollar summary judgment victory in talc litigation
  • Factory Mutual in obtaining judgment of no coverage under an $850 million property insurance and business interruption policy
  • A major U.S. insurer in vindicating objections to a multi-billion-dollar mass tort bankruptcy on grounds that the bankruptcy plan infringed on the insurer’s contractual rights
  • Amici curiae in state supreme court appeals to overturn wrongful convictions based on faulty science
  • A major liability insurer in winning a motion to dismiss a third-party bad faith claim stemming from asbestos-related tort claims
  • Factory Mutual in winning an appeal related to a $76 million business interruption insurance coverage claim stemming from the COVID-19 pandemic
  • Travelers in securing a declaratory judgment of no duty to defend or indemnify a supermarket chain against opioid public nuisance lawsuits
  • Multiple U.S. insurance companies in insurance-related litigations concerning asbestos-related tort claims
  • Corporate clients regarding insurance-related issues that arise in connection with mergers, acquisitions, and other transactions
  • Financial services companies in connection with internal investigations in response to demands by shareholders and other individuals
  • Corporate clients in litigations related to securities and breach-of-contract claims
Education
  • Yale Law School, 2013 J.D.
    Editor, Yale Journal on Regulation; Director, Capital Assistance Project
  • Franklin & Marshall College, 2010 B.A.
    Magna Cum Laude; Phi Beta Kappa; Phi Alpha Theta History Honor Society; Pi Gamma Mu International Honor Society in Social Sciences; Sigma Delta Pi National Collegiate Hispanic Honor Society
Clerkships
  • Honorable Eric N. Vitaliano, United States District Court for the Eastern District of New York, 2016 - 2017
Admissions
  • U. S. District Court Southern District of New York 2015
  • U.S. District Court Eastern District of New York 2015
  • New York 2014

Matthew C. Penny is Counsel in the Firm’s Litigation Department, representing clients in complex commercial litigation. Matthew litigates high-stakes cases in state and federal courts across the country and regularly advises clients in connection with matters involving insurance coverage, internal investigations, mergers and acquisitions, and securities and breach-of-contract claims, among others.  

Matthew’s representative experience includes:

  • Travelers in winning summary judgment defeating a multi-billion-dollar insurance coverage demand for public nuisance lawsuits arising from the opioid crisis
  • A major U.S. insurer in a multi-billion-dollar summary judgment victory in talc litigation
  • Factory Mutual in obtaining judgment of no coverage under an $850 million property insurance and business interruption policy
  • A major U.S. insurer in vindicating objections to a multi-billion-dollar mass tort bankruptcy on grounds that the bankruptcy plan infringed on the insurer’s contractual rights
  • Amici curiae in state supreme court appeals to overturn wrongful convictions based on faulty science
  • A major liability insurer in winning a motion to dismiss a third-party bad faith claim stemming from asbestos-related tort claims
  • Factory Mutual in winning an appeal related to a $76 million business interruption insurance coverage claim stemming from the COVID-19 pandemic
  • Travelers in securing a declaratory judgment of no duty to defend or indemnify a supermarket chain against opioid public nuisance lawsuits
  • Multiple U.S. insurance companies in insurance-related litigations concerning asbestos-related tort claims
  • Corporate clients regarding insurance-related issues that arise in connection with mergers, acquisitions, and other transactions
  • Financial services companies in connection with internal investigations in response to demands by shareholders and other individuals
  • Corporate clients in litigations related to securities and breach-of-contract claims

Matthew served as a judicial law clerk for the Honorable Eric N. Vitaliano of the United States District Court for the Eastern District of New York. He received his J.D. from Yale Law School, where he was an Editor on the Yale Journal on Regulation and a Director of the Capital Assistance Project. Matthew received his B.A., magna cum laude, from Franklin & Marshall College. 

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