Matthew Jacobs

Matt has led or co-led the following significant matters:

• Represents a special committee of the board of a public company in the food service industry being investigated by the SEC for financial manipulation.
• Represents an audit committee of a publicly traded energy services company audit committee of a public technology company in criminal and civil investigations regarding alleged foreign bribery in Africa; and recently obtained a declination of prosecution from DOJ.
• Represented an audit committee of a publicly traded Silicon Valley company for alleged violations of the Foreign Corrupt Practices Act in Russia, China, Saudi Arabia, India and other jurisdictions; and obtained a declination of prosecution from DOJ and a favorable settlement from the SEC with no admission of liability.
• Represented one of the largest automobile auto parts manufacturers in the world in a DOJ investigation into price fixing and violations of the antitrust laws in multiple jurisdictions for worldwide cartel activity spanning several decades; obtained a favorable settlement; also handled civil follow on litigation in multi-district litigation.
• Represented a prominent real estate investor for alleged fixing of prices in the purchase of several hundred million dollars in real estate; won rulings knocking out substantial portions of the government’s case leading to a favorable settlement.
• Represented a major Chinese chemical manufacturer in an antitrust investigation involving the alleged fixing of prices with competitors; won declination to prosecute from DOJ.
• Represented a Japanese heavy industry manufacturer in a price fixing inquiry; no charges brought against the client.
• Represented several senior executives in high profile financial services investigations by DOJ, SEC and the OCC; successfully obtained declinations to prosecute against all clients.
• Represented a Silicon Valley company in contractual dispute with a major drug wholesaler concerning alleged HIPAA obligations.
• Represented a major Japanese corporation in a series of cartel investigations into high tech manufacturing; no charges brought against client.
• Represented a senior executive of steel manufacturer before the Australian competition authorities; obtained non-prosecution agreement on behalf of client.
• Represented a Chinese manufacturer of wind turbines in a DOJ investigation and prosecution of theft of trade secrets.
• Represented senior executives of pharmaceutical companies in an alleged improper off label promotion of pharmaceuticals; obtained non-prosecution decisions from DOJ.
• Represented a board of directors of a Silicon Valley company in an internal investigation of the public company’s CEO for moving revenue from one quarter to the next and manipulating the financial reporting of the company; the CEO was forced to resign and matter ended with non-action by the SEC.
• Represented the board of directors of a Silicon Valley company in an internal investigation into the false expense claims by a senior executive, ending in the termination of the executive.
• Represented a special committee of the board of a Silicon Valley company into the financial manipulation of compensation to employees.
• Represented the founder and chairman of the board of a financial institution in a dispute with regulatory authorities and the bank; obtained declination to pursue charges from the OCC.
• Represented accountants from a Big Four accounting firm in an international money laundering investigation; no regulatory action taken against clients.
• Represented court appointed liquidators of Antiguan Bank in a corruption in the Ukraine; after years of litigation including two ninth circuit appeals, the US Government returned seized forfeiture assets to the liquidators.
• Represented the former partner of a prominent New York law firm in a tax investigation by the US Department of Justice.
• Represented a major metals company in a criminal environmental investigation under the Clean Air Act; a favorable settlement achieved.
• Represented a former senior executive of an educational software company in a federal bribery investigation regarding the supply of products to a public school district; the investigation was resolved without charges being brought against the client.
• Represented a publicly traded company in negotiating privilege issues in context of a criminal trial of the company’s former Chief Executive Officer.

Commercial Litigation

• Represents the Chinese widow of a prominent Chinese historical figure in federal court litigation against the Hoover Institution over ownership of his diaries.
• Represents a senior Silicon Valley executive in a securities lawsuit brought against a cloud computing company.
• Represented a major foreign manufacturer in a major class action that alleged collusion in direct and indirect sales of optical disk drives.
• Represented a Japanese corporation in a major class action that alleges price fixing in cellphone batteries.
• Represented officers and directors in several derivative and class actions regarding the handling of compensation issues.
• Represented major consumer electronic companies in class actions by direct and indirect purchasers, where the class members alleged that they paid higher prices due to internal cartel activity.
• Represented a pharmaceutical company in class action lawsuits based on alleged securities fraud.
• Represented a former officer of a health care company in the successful dismissal of a securities fraud lawsuit.
• Represented a cloud computing company in litigation with a competitor and customer in a copyright infringement lawsuit.
• Advised a Chinese weapons manufacturer in product liability cases alleging the misuse of their products resulted in deaths and injuries.

Chambers USA

• Band 3, California Litigation: White-Collar Crime & Government Investigations (2015-2021, 2023-2024)

Legal 500 United States

• Recommended, Cartel (2023-2024)
• Recommended, Corporate Investigations and White-Collar Criminal Defense: Advice to Corporates (2023-2024)
• Recommended, Corporate Investigations and White-Collar Criminal Defense: Advice to Individuals (2023-2024)
• Dispute Resolution: Corporate Investigations & White-Collar Criminal Defense (2015-2021)
• Antitrust (2012-2015, 2018 and 2020)

Legal 500 Latin America

•  Compliance and Investigations (2021)

Additional Awards

• "Top 100 in Criminal Defense," The National Trial Lawyers (2020)
• Global Investigations Review 100 (2020)
• "500 Leading Lawyers in America," Lawdragon (2021)

• Speaker, "When Officials Show Up in Your Boardroom: The Changing Scope of Director Liability, and Focus on Criminal and Civil Exposure That Can Occur When the US Department of Justice (DOJ), Securities & Exchange Commission, or Other Regulators are Involved," Silicon Valley Directors’ Exchange in-person program, May 2024
• Speaker, "Is Your Compliance Program Ready for DOJ and Delaware Courts' Scrutiny?" Association of Corporate Counsel San Francisco Bay Area Chapter Webcast, May 2020
• Speaker, "36th International Conference on the Foreign Corrupt Practices Act," December 2019
• Speaker, "Satisfying Fiduciary Obligations to Investigate Without Breaking the Bank," NACD Northern California Chapter Private Dinner with VE, April 2019
• Moderator, "FCPA Enforcement and Multi-Jurisdictional Coordination: Key Updates on Evolving Policies, Priorities and Expectations," 13th Forum on the Foreign Corrupt Practices Act Houston Hosted by American Conference Institute ACI, January 2019
• Panelist, "Preparing for and Managing Risks Involved with Cross-Border Investigations," September 2018
• Speaker, "How to Stay Out of Federal Prison, and Other Helpful Tips," May 2018

• "Polite Prediction: Criminal Division Appointee Positions DOJ for focus on Public Corruption, Civil Rights, National Security, and Fraud with a Heightened Scrutiny on Compliance Programs," April 2021
• "2020 Energy and Chemicals Antitrust Report," Antitrust Update, January 2021
• "Should Disgorgement in Securities Cases Be Considered Tax-Deductible 'Restitution'?" The National Law Journal, November 2020
• "Award-Winning Former Prosecutor, Compliance Officer Brings Uncommonly Varied Background to (Firm)," June 2020
• "Make It a Federal Case: Associates Thrive in Criminal Justice Act Cases," April 2020
• "2019 Energy and Chemicals Antitrust Report," Antitrust Update, January 2020
• "Second Circuit Considers Reach of Bribery Laws Beyond US," November 2019
• "UK's SFO Recognizes Expectation that Compliance Functions Will be Insulated from Routine Cost Cutting Pressures," October 2019
• "Don't Get "Pulled-In": Marvell Fined by SEC for Failing to Disclose Aggressive Sales Plan," October 2019
• "Because the Mafia Doesn't Issue 8-Ks: DOJ Explains Recent Corporate Policy Changes and Foreshadows Additional Guidance," September 2019
• "Cisco's US$8.6 Million False Claims Act Settlement Signals Viability of Cybersecurity Claims Under the False Claims Act," August 2019
• "Third Circuit Upholds Bribery Conviction Despite Narrowed Definition of "Official Act" Under McDonnell," August 2019
• "Winning the Leniency Race No Longer the Only Avenue for Avoiding Criminal Antitrust Prosecution," Antitrust Update, July 2019
• "Maybe It's Real This Time: Mexico Fights Corruption," June 2019
• "A New Day "Dawning": Uptick in Dawn Raids by the United Kingdom Financial Conduct Authority," June 2019
• "Supreme Court Extends the Statute of Limitations for Claims by Relators," May 2019
• "Recent Enforcement Trends: Healthcare and Life Sciences Sector," Government Investigations & White Collar Criminal Defense Update, May 2019
• "Updated DOJ Guidance Provides Useful Roadmap for Implementing and Enhancing Corporate Compliance Programs," May 2019
• "History Repeats Itself: Mueller Investigation Spurs Renewed DOJ Focus on WWII Era Foreign Agents Registration Act," April 2019
• "Government's Filing of Complaint Against Private Equity Company Signals New Focus on Private Equity and Other Investors," April 2019
• "DENIED: SCOTUS Denies Cert. in Mueller's Mystery Case," March 2019
• "Giving Credit Where Credit is Due: University's False Claims Act Settlement Highlights Importance of Proper Accounting Practices for Federal Award Recipients," March 2019
• "DOJ Updates FCPA Cooperation Credit Policy for M&A," March 2019
• "Recent FCPA Speeches Highlight and Defend DOJ Priorities," March 2019
• "Insufficient Evidence Leads to Former Barclays Trader's Acquittal Without a Jury," March 2019
• "Beware the Middle Man: 3 Things to Consider When Partnering With a Foreign Third-Party Agent," March 2019
• "CFTC Announces New Enforcement Advisory Relating to Foreign Corrupt Practices," March 2019
• "DOJ is "Swinging for the Fences" in Expanding Traditional Industry Focus," March 2019
• "Recent Enforcement Trends: Technology Sector," Government Investigations & White Collar Criminal Defense Update, February 2019
• "2018 False Claims Act and Whistleblower Developments," February 2019
• "10 Risk Areas For Companies Operating Internationally," FCPA Update, February 2019
• "2018 Energy and Chemicals Antitrust Report," Antitrust Update, January 2019

• Former adjunct professor, University of California, Berkeley School of Law
• Member and former chairman, San Francisco Bar Association
• Vice president, San Jose Steering Committee of Federal Bar Association
• Barrister, McFettridge Inn of Court
• Appointed to the federal Criminal Justice Act panel for the Northern District of California
• Appointed by Chief US District Judge to serve on selection committee for bankruptcy judge
• Former chair of Communications Committee and member of Standards Committee, Olympic Club, the nation's oldest athletic club