Matthew S. Kahn is a partner in the San Francisco office of Gibson, Dunn & Crutcher LLP. He practices in the firm’s Litigation Department, and is a member of the Law Firm Defense Group (on whose Steering Committee he serves), the Securities Litigation Group, and the Class Actions Group.
Mr. Kahn’s practice focuses on securities and derivative litigation, class action defense and law firm defense. Recognized by Law360 as a “Legal Lion,” he has experience at all phases of trial court litigation and arbitration, including several victories at trial. Mr. Kahn has successfully represented companies, boards of directors, law firms, and individuals throughout the country in high-stakes matters in federal and state courts, involving claims, among others, under the Securities Act of 1933 and Securities Exchange Act of 1934; breach of fiduciary duties and insider trading under Delaware, California, and New York law; legal malpractice, breach of fiduciary duty, and aiding and abetting tortious conduct; and California’s Unfair Competition Law and Consumers Legal Remedies Act. Mr. Kahn also has significant experience in the prosecution and defense of commercial and real estate contracts and business tort actions and regularly advises clients regarding complex information law matters in both federal and state jurisdictions.
Mr. Kahn regularly handles bet-the-company litigation and precedent-setting matters. His depositions of former Secretary of State, Labor and Treasury George Shultz and whistleblower Tyler Shultz in litigation against Theranos Inc. and its founder Elizabeth Holmes are featured in the HBO documentary The Inventor: Out for Blood in Silicon Valley and ABC News’s The Dropout, an investigative podcast following the story of Elizabeth Holmes and Theranos. He was selected as a Northern California “Rising Star” by Super Lawyers Magazine each year between 2012 and 2016 and a “Lawyer on the Fast Track” by The Recorder in 2013.
Mr. Kahn is a member of the Association of Professional Responsibility Lawyers, the American Bar Association, and the Bar Association of San Francisco. He also serves on the Executive Committees of the San Francisco Bar Association’s Litigation and Legal Malpractice Sections and as a Settlement Conference Officer for the San Francisco County Superior Court. In the latter role, Mr. Kahn presides over mandatory settlement conferences in civil cases.
Mr. Kahn clerked for the Honorable Mary L. Cooper, United States District Judge for the District of New Jersey, from 2003 to 2004. Mr. Kahn received his law degree, with distinction, from Stanford Law School in 2003. He received his B.A. in political science with honors, from Swarthmore College in 1999, where he was elected to Phi Beta Kappa and was captain of the varsity wrestling team.
Mr. Kahn is an active provider of pro bono legal services, and he serves on Gibson Dunn’s Pro Bono Committee. He serves on the board of directors of Legal Aid at Work, a non-profit legal services organization that has been assisting low-income, working families for more than 100 years. He also serves on the Leadership Council of Tipping Point Community, which finds, funds and partners with the most promising direct-service non-profits working to educate, employ, house and support those in need in the San Francisco Bay Area.
Mr. Kahn’s recent speaking engagements include:
- Presenter, “Basics of Accounting for Lawyers 2021,” Practicing Law Institute, July 28, 2021
- Speaker, “Legal Malpractice and Ethics: 2020 in Review,” Bar Association of San Francisco, Legal Malpractice Section, San Francisco, CA, January 12, 2021
- Presenter, “Basics of Accounting for Lawyers 2020,” Practicing Law Institute, July 22, 2020
- Speaker, “When Lawyers Don’t Get To Talk: Working with fact witnesses to prepare them for deposition,” Bar Association of San Francisco, Litigation Section, San Francisco, CA, February 11, 2020
- Speaker, “Legal Malpractice and Ethics: 2019 in Review,” Bar Association of San Francisco, Legal Malpractice Section, San Francisco, CA, January 22, 2020
- Speaker, “Dos and Don’ts of Litigation Funding,” Bar Association of San Francisco, Litigation Section, San Francisco, CA, January 10, 2020
- Presenter, “Everything You Don’t Know About E-Discovery (But Wish You Did),” National Business Institute, March 14, 2019
- Speaker, “Legal Malpractice and Ethics: 2018 in Review,” Bar Association of San Francisco, Legal Malpractice Section, San Francisco, CA, January 23, 2019
- Presenter, “Primer on Attorney-Client Privilege and Work Product for In-House Counsel,” Gibson Dunn MCLE Marathon, San Francisco, CA, January 16, 2019
- Speaker, “Legal Malpractice and Ethics: 2017 in Review,” Bar Association of San Francisco, Legal Malpractice Section, San Francisco, CA, January 17, 2018
- Presenter, “Lawyers In The Cross-Hairs: Recent Trends In Claims Against Attorneys, Related Ethical And Insurance Issues, And Defense Strategies,” Bar Association of San Francisco, Legal Malpractice Section, San Francisco, CA, June 3, 2015
- Presenter, “Ethics & E-Discovery: What You Need to Know About Committee on Professional Responsibility and Conduct’s Proposed ESI Opinion,” Gibson Dunn MCLE Marathon, San Francisco, CA, January 8, 2015
- Panelist, “Outside Counsel Views On Managing E-Discovery In Complex Litigation,” GOAL Conference, San Francisco, CA, November 17, 2014
- Guest Lecturer regarding international arbitrations for “International Business Transactions” class, Berkeley Law School, Fall 2014
- Panelist, “Internal Investigations in the Era of Big Data: Today’s Challenges and a View of the Promised Land,” Sausalito, CA, May 29, 2014
- Panelist, “2012 Year-End Electronic Discovery Update: Moving Beyond Sanctions and Toward Solutions to Difficult Problems,” Webcast, March 7, 2013
- Panelist, “Don’t Become the Next Samsung: Learn How to Create Defensible, Efficient and Automated Legal Holds,” Palo Alto, CA, December 13, 2012
Mr. Kahn’s recent publications include:
- “Ninth Circuit Asks the New York Court of Appeals Whether Litigation Financing Agreements Are ‘Usurious,'” Client Alert, July 13, 2020
- “Think Your Client Is Up To No Good? You May Have a Duty to Inquire,” Article, June 24, 2020
- “Risk Management: Lawyers Facing Claims for Breach of Fiduciary Duty,” Article, April 25, 2019
- “2017 Year-End Securities Litigation Update,” Client Alert, February 1, 2018
- “The Dangers of Attorney Disqualification Motions,” Article, November 30, 2017
- “A Cautionary Tale For Law Firms Engaging With Prosecutors,” Article, August 30, 2017
- “The Gray Zone: What All Lawyers Need To Know About Providing (Or Not Providing) Business Advice After Peterson v. Katten Muchin,” Article, Sept. 2016
- “Transactional Lawyers in the Crosshairs,” Article, July 22, 2015
- “2012 Year-End Electronic Discovery and Information Law Update,” Client Alert, Jan. 13, 2013
- “2012 Mid-Year Securities Litigation Update,” Client Alert, Aug. 3, 2012
- “Strategies for Mitigating Civil Liability Consequences of FCPA Investigations & Enforcement Actions,” Article, Apr. 2012
- “More Than Your Firm Bargained For: The ‘Unfinished Business’ Doctrine of Jewel v. Boxer,” Article, Feb. 2012