Patrick Matusky
Partner
Duane Morris LLP
1940 Route 70 East, Suite 200
Cherry Hill, NJ 08003
USA
Phone: +1 856 874 4210
Fax: +1 215 405 2966
Email: pmatusky@duanemorris.com

Patrick Matusky concentrates his practice in the areas of lawyers' professional responsibility and liability, commercial, securities and insurance litigation. He is a member of the Commercial, Securities and Antitrust Litigation and Insurance Litigation Divisions of the firm's Trial Practice Group and the firm's Professional Liability Practice Group.

Mr. Matusky has extensive trial, appellate and alternative dispute resolution experience in complex commercial litigation. He has handled substantial matters in state and federal courts in various jurisdictions across the country, including cases in the areas of lawyers professional liability, contracts, securities, corporate and partnership rights and governance, partnership disputes and dissolution, insurance, surety, fidelity, employment discrimination, employee wage and hour claims, and products liability.

Mr. Matusky formerly served as general counsel of WolfBlock LLP. In that role, he was responsible for the ethics, loss prevention, risk management, insurance acquisition, and claims handling, reporting and defense functions of that firm's multi-jurisdictional law and government relations practices. Mr. Matusky serves as Loss Prevention Counsel of the Firm's Cherry Hill office.

Mr. Matusky was recognized in the 2009 and 2010 editions of Best Lawyers in America in the area of Ethics and Professional Responsibility Law.

Mr. Matusky is a summa cum laude graduate of Temple University James E. Beasley School of Law (J.D. 1982) and of Temple University Fox School of Business Administration (B.B.A. 1977). Mr. Matusky is admitted and has actively practiced in the courts of Pennsylvania, New Jersey and Florida.

Areas of Practice

• Lawyers Professional Liability and Responsibility
• Commercial and Securities Litigation
• Employment Litigation
• Insurance

Representative Matters

• As lead trial counsel for a defendant financial institution, tried to judgment in the U.S. District Court for the District of Delaware a multimillion-dollar securities fraud claim arising out of a multibillion-dollar sale of a subprime mortgage business. A major issue in the case was the valuation of residual interests in subprime mortgage securitizations that were a subject of the sale. A defense judgment was rendered on the securities fraud claim, after which the case was settled on terms the client found favorable.
• Lead counsel in defending a loan servicer in an action brought in the U.S. District Court for the Northern District of Illinois by a major bank alleging breach of loan servicing agreements. Following the court's grant of partial summary judgment in favor of the servicer, the case settled on terms the client found favorable.
• Lead counsel in representing a major insurer in litigation brought in the U.S. District Court for the District of New Jersey arising out of the insurer's sale of real estate to a casino operator. The issue concerned whether a contingency in the sale contract concerning the ability to use the premises for gaming triggered a post-closing purchase price adjustment. Secured settlement that insurer found favorable.
• Lead counsel in defending a major Delaware Valley food processing concern in twin wage and hour collective and class actions simultaneously pending in state and federal courts. Following extensive motions practice and mediation efforts before a former Pennsylvania Supreme Court Justice, the case was settled on terms the client found favorable.
• Lead counsel in defending a major Delaware Valley health care provider in twin wage and hour collective and class actions simultaneously brought in state and federal courts.
• Lead counsel in defending major bi-state agency in various employment discrimination and whistleblower litigations.
• Lead counsel in defending a governmental agency in a proceeding brought by a public employee labor union seeking to enjoin the agency's privatization of a county prison, the first prison privatization effort north of the Mason-Dixon line.
• Defended major aircraft, truck, automobile and component part manufacturers and suppliers in high exposure products liability, personal injury and wrongful death litigation, including summary judgments in favor of a turboprop engine manufacturer on a multimillion-dollar aircraft hull claim and in favor of a helicopter manufacturer on multiple multimillion-dollar wrongful death claims.
• Prosecuted on behalf a prominent real estate developer a federal antitrust action alleging unlawful restraint of trade in a competitor's efforts to block the redevelopment of a major regional shopping mall.
• Defended a major health care provider against federal RICO, antitrust and state tortious interference claims challenging certain business practices in the home health care industry.
• Prosecuted a shareholder's action involving the cash out of minority interests, including extensive litigation regarding shareholder access to attorney-client privileged information between a corporation and its counsel.
• Represented defendants in Piel v. National Semiconductor Corp., an early, major securities fraud class action lawsuit litigated over the course of 10 years. The case spawned a number of important reported decisions, including one by the Third Circuit Court of Appeals, reported at 759 F.2d 312, which remains a leading authority on the interaction between the work-product doctrine and the doctrine requiring production of documents used to refresh a witness' recollection prior to testifying under F.R.E. 612.

Professional Activities

• Pennsylvania Bar Association
  - Professional Responsibility and Ethics Committee
• American Bar Association
  - Center for Professional Responsibility
  - Torts and Insurance Practice Section
  - Litigation Section

Admissions

• Pennsylvania
• New Jersey
• Florida
• Supreme Court of the United States
• U.S. Court of Appeals for the Third Circuit
• U.S. Court of Appeals for the Eleventh Circuit
• U.S. District Court for the Eastern District of Pennsylvania
• U.S. District Court for the District of New Jersey
• U.S. Court of Appeals for the Third Circuit
• U.S. Court of Appeals for the Eleventh Circuit

Education

• Temple University School of Law, J.D., summa cum laude, 1982
• Temple University, BBA, Accounting, summa cum laude, 1977

Experience

• Duane Morris LLP
  - Partner, 2009-present
• WolfBlock LLP
  - Partner, 1990-2009
  -- General Counsel, 2002-2009
  -- Managing Partner, New Jersey Office, 1998-2003
  - Associate, 1982-1990

Honors and Awards

• Listed in Best Lawyers in America, 2009-2012
• Listed in New Jersey Super Lawyers, 2012-2013

Selected Publications

• Co-author, "Nostradums, Esquire?" New Jersey Lawyer, December 2011

Selected Speaking Engagements

• Speaker, "Firm Counsel Project Roundtable—'This is Privileged, Right?' The Scope of the Privilege for Internal Firm Communications," American Bar Association's Fall 2009 National Legal Malpractice Conference: Identifying Risk in a Changing Law Firm Landscape, Chicago, Illinois, September 24, 2009
• Speaker, "Ethical Minefields for In-House Counsel," Association of Corporate Counsel Delaware Valley, Philadelphia, March 21, 2007
• Speaker, Lateral Partner Due Diligence and Integration, Aon Large Law Firm Symposium, October 12, 2006
• Speaker, Corporate Crisis Management, Association of Corporate Counsel Greater New York Chapter, New York, June 21, 2006
• Speaker, "Multijurisdictional Practice," Aon Large Law Firm Symposium, Chicago, October 20, 2004
• Lawyer Client Seminars: Mr. Matusky has regularly participated in CLE seminars presented for the in-house law departments of client companies.