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Profile Picture

Matthew S. Kahn

Matthew
Kahn

Partner

CONTACT INFO

mkahn@gibsondunn.com

TEL:+1 415.393.8212

FAX:+1 415.374.8466

San Francisco

555 Mission Street, Suite 3000, San Francisco, CA 94105-0921 USA

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PRACTICE

Litigation Class Actions Law Firm Defense Securities Litigation

BIOGRAPHY

Matthew S. Kahn is a Litigation partner in the San Francisco office of Gibson, Dunn & Crutcher.  He is co-chair of the Law Firm Defense Group and a member of the Securities Litigation and Class Actions Groups.

Mr. Kahn’s practice focuses on law firm defense, securities and derivative litigation, real estate litigation, and class action 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 law firms, companies, boards of directors, and individuals throughout the country in high-stakes matters in federal and state courts and arbitrations, involving claims, among others, for legal malpractice, breach of fiduciary duty, and aiding and abetting tortious conduct; violation of the Securities Act of 1933 and Securities Exchange Act of 1934; 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.

Mr. Kahn frequently 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.

Mr. Kahn is a fellow of the American Bar Foundation, and a member of the American Bar Association, the Bar Association of San Francisco (BASF), and the Association of Professional Responsibility Lawyers.  He also serves on the Board of Directors of the Justice and Diversity Center of BASF and the Executive Committee of BASF’s Legal Malpractice Section, as well as a Judge Pro Tempore and Settlement Conference Officer for the San Francisco County Superior Court.  In the latter roles, Mr. Kahn presides over discovery disputes and 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 has served 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:

  • Speaker, “Professionalism in the Practice of Law”, Bar Association of San Francisco, San Francisco, CA, September 14, 2022
  • Speaker, “Dos and Don’ts of Law & Motion in SF Superior,” Bar Association of San Francisco, Litigation Section, San Francisco, CA, June 24, 2022
  • Speaker, “Legal Malpractice and Ethics: 2021 in Review,” Bar Association of San Francisco, Legal Malpractice Section, San Francisco, CA, January 21, 2022
  • Speaker, “Litigating in a Post-Pandemic World,” Bar Association of San Francisco, Litigation Section, San Francisco, CA, November 17, 2021
  • 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

EDUCATION

Stanford University - 2003 Juris Doctor

Swarthmore College - 1999 Bachelor of Arts

ADMISSIONS

California Bar

New York Bar

RECENT PUBLICATIONS

Client Alert - July 10, 2020 | Ninth Circuit Asks The New York Court of Appeals Whether Litigation Financing Agreements Are “Usurious”
Publications - June 24, 2020 | Think Your Client is Up to No Good? You May Have a Duty to Inquire
Publications - April 25, 2019 | Risk Management: Lawyers Facing Claims for Breach of Fiduciary Duty
Client Alert - July 26, 2018 | 2018 Mid-Year Securities Litigation Update
Client Alert - February 1, 2018 | 2017 Year-End Securities Litigation Update
Article - November 30, 2017 | The Dangers of Attorney Disqualification Motions
Article - August 30, 2017 | A Cautionary Tale For Law Firms Engaging with Prosecutors
Article - July 27, 2017 | Transactional Lawyers in the Crosshairs
Client Alert - July 20, 2017 | 2017 Mid-Year Securities Litigation Update
Client Alert - January 25, 2017 | 2016 Year-End Securities Litigation Update
Article - September 15, 2016 | The Gray Zone: What All Lawyers Need To Know About Providing (Or Not Providing) Business Advice After Peterson v. Katten Muchin
Client Alert - August 17, 2016 | 2016 Mid-Year E-Discovery Update
Client Alert - July 14, 2016 | 2016 Mid-Year Securities Litigation Update
Article - March 27, 2015 | Lawyers behaving badly… in mediation
Client Alert - July 16, 2013 | 2013 Mid-Year Securities Litigation Update
Client Alert - January 14, 2013 | 2012 Year-End Electronic Discovery and Information Law Update
Client Alert - August 13, 2012 | 2012 Mid-Year Securities Litigation Update
Client Alert - April 30, 2012 | Strategies for Mitigating Civil Liability Consequences of FCPA Investigations & Enforcement Actions
Client Alert - February 1, 2012 | More Than Your Firm Bargained For: The “Unfinished Business” Doctrine of Jewel v. Boxer
Client Alert - September 8, 2011 | The Perils of Collecting Information at the Register
Client Alert - July 22, 2011 | 2011 Mid-Year E-Discovery Update
Client Alert - January 13, 2011 | 2010 Year-End Electronic Discovery and Information Law Update
Client Alert - January 11, 2011 | 2010 Year-End Securities Litigation Update
Client Alert - July 22, 2010 | 2010 Mid-Year Report on Electronic Discovery and Information Law
Client Alert - July 13, 2010 | 2010 Mid-Year Electronic Discovery and Information Law Update
Client Alert - May 27, 2009 | Considering Coupons
Client Alert - April 27, 2009 | Supreme Court of California Exempts Life Insurance Products from Scope of California’s Consumers Legal Remedies Act
Client Alert - November 1, 2007 | Offensive E-Discovery Depositions: Is There a Defense?
Client Alert - April 17, 2006 | Private Rights of Action and the Sarbanes-Oxley Act of 2002
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