Matthew M. Guiney is a partner at Wolf Haldenstein and practices in complex class actions representing public and labor pension funds, labor health and welfare benefit funds, and private institutional investors who suffered losses due to corporate fraud. He is a member of the Firm’s litigation team that has recovered more than $7 billion for investors and more than $300 million for workers. Mr. Guiney is also a member of the Firm’s Investor Protection, Consumer Protection and Labor and Business Practice litigation groups with an emphasis on class actions involving securities law, consumer protection law and employment law.
Mr. Guiney has appeared at the United States Supreme Court, has argued repeatedly at both federal and state appellate courts, and regularly appears at trial courts at both the federal and state level across the country.
Mr. Guiney joined the firm as an associate in 2004 and became a partner in 2012.
On the merits briefs at the United States Supreme Court on behalf of the plaintiffs/respondents in Apple Inc. v. Pepper, No. 17-204, 587 U.S. ___ (2019) where the Court affirmed plaintiffs’ antitrust standing under Illinois Brick.
Represented plaintiffs/respondents at the United States Supreme Court in China Agritech v. Resh, 584 U.S. __ (2018), where the Court addressed tolling in the class action context.
- Initially served as counsel of record and briefed opposition to petition for writ of certiorari.
- Argued and achieved precedential reversal of motion to dismiss in a published opinion at the United States Court of Appeals for the Ninth Circuit in Resh v. China Agritech, No. 15-5543, 2017 U.S. App. LEXIS 9029 (9th Cir. May 24, 2017).
Mr. Guiney currently represents clients in a wide array of matters, including:
- Direct purchasers in an antitrust class action pending in the Northern District of California concerning Apple’s App Store;
- Customers of several different businesses subject to data breaches, whereby the clients’ personal information was breached and sold on the dark web;
- Serving as court appointed lead counsel in an action on behalf of investors in an IPO offering of an overseas e-cigarette company pending in the Southern District of New York;
- Serving as court appointed lead counsel in an action on behalf of investors in a Brazilian mining company pending in the District of New Jersey;
- Investors in a foreign exchange company in a securities class action pending in the Southern District of New York;
- Customers of a power company in a consumer class action pending in Nassau County, New York; and
- Consumers of a multivitamin in a consumer class action pending in the Northern District of California and in California State Court.
Mr. Guiney has also served as lead counsel in numerous other complex securities, consumer, employment and derivative litigations in both federal and state courts concerning the Securities Act of 1933, the Exchange Act of 1934, the Employee Retirement Income Security Act of 1974, the Fair Labor Standards Act of 1938, and numerous state consumer protection laws.
Mr. Guiney has successfully litigated and negotiated numerous multi-million dollar settlements, serving as lead or co-lead counsel. For example:
- Brecher v. Citigroup, et al., No. 09-7359 (SHS) (S.D.N.Y.) ($8.5 million settlement after successful motion to dismiss briefing);
- Mallozzi v. Industrial Enterprises of America, Inc., et al., No. 07-10321 (GBD) (S.D.N.Y.) ($3.8 million settlement);
- In re Luxottica Group S.p.A. Securities Litigation, No. 01-3285 (JBW) (E.D.N.Y.) ($18.25 million settlement);
- In re IsoRay, Inc. Securities Litig., No. 15-5046 (LRS) (E.D. Wa.) ($3.575 million settlement after successful motion to dismiss briefing); and
- Kachun Wong v. Baker Tilly Hong Kong, Ltd., Case No. 14-cv-9959-CBM (C.D. Cal.) ($925,000 auditor settlement after successful motion to dismiss briefing).
- Fox v. United Development Funding III, L.P., No. 4:20-cv-00150-O (N.D. Tex.) ($2.35 million settlement after successful motion to dismiss briefing)
- Zhu et al v. Taronis Technologies Incorporated et al, 2:19-cv-04529-GMS (D. Az.) ($1.7 million settlement after successful motion to dismiss briefing)
- Argued and successfully achieved an injunction in In re Integrated Silicon Solution, Inc. Stockholder Litig., 1-15-CV-278812 (Sup. Ct. Santa Clara, CA 2015) (injunction requiring corrective disclosures concerning “don’t-ask-don’t-waive” standstill agreements and financial advisor conflicts of interests)
Mr. Guiney participates in the Eastern District of New York’s (Brooklyn) pro bono program where he recently helped a client achieve a unique settlement allowing the client to regain a disability pension. Mr. Guiney also helps to organize an annual charity golf outing that raises scholarship funding for diverse students to receive a private school education at his alma mater high school in New York City in honor of a former classmate.