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Overview

Matt has extensive experience in a variety of legal issues impacting members of food, agribusiness and other industries.

His practice has included advising agribusiness clients on matters such utility and plant patents, trademarks, plant variety protection, herbicide application regulations, crop seed bag labeling, crop performance, as well as a variety of other legal issues involving crops ranging from corn, soybeans, wheat and cotton to alfalfa, canola, milo, turf grass, kidney beans, sesame seeds, green peppers and lentils. Many of these matters involved alleged infringement and/or seed piracy.

Additionally, Matt has defended food and consumer product manufacturers faced with class action cases based upon product labeling. These putative class claims have focused on “All Natural” and “Made in America” language and often involve claims arising under the Missouri Merchandising Practices Act (MMPA).

Matt also has unique experience in toxic tort (vinyl chloride monomer, asbestos and benzene) individual and class action cases, including the ongoing defense of a toxic tort medical monitoring class action. He has defended consumer fraud class actions including litigating a labeling case that involved a nationwide class certification matter overturned by the Eighth Circuit that involved Class Action Fairness Act (CAFA) issues.

For food and agricultural industry members, Matt has:

  • Participated in pre-litigation claims, jury and bench trials relating to private seed companies and a public university’s assertion of utility and plant U.S. patent and Plant Variety Protection rights.
  • Defended crop seed performance claims in multiple states and jurisdictions for a major agricultural technology company.
  • Represented a leading precision agriculture company and worked with satellite imagery to track crop growth.
  • Represented a biodiesel refinery client on issues related to soybean oil futures and trade rules.

In addition, Matt routinely defends agribusiness industry members and clients in other industries relating to state and federal court matters involving alleged exposure to carcinogenic materials, medical monitoring, product liability, maritime explosion and other personal injury matters.

Matt has appeared on behalf of clients in state and federal courts — both civil and bankruptcy — across the United States. He has also coordinated with federal law enforcement (FBI and IRS) authorities and has litigated employee embezzlement matters.

Furthermore, Matt has led the defense of several putative nationwide class action matters in state and federal courts, including multidistrict litigation (MDL) experience. He has handled the prosecution and defense of a variety of commercial and contractual disputes, including distributor, licensing and construction disputes. Most recently, Matt has provided advice on regulatory, IP, privacy and exposure/risk issues associated with the emerging field of Unmanned Aircraft Systems (UAS).


Industry

Services

Recognition

  • Missouri & Kansas Super Lawyers, Business Litigation, Rising Star, 2012-2015

Education

  • J.D., University of Missouri School of Law
    • Journal of Dispute Resolution
  • B.A., Truman State University
    • Business Administration

Admissions

  • Missouri
  • U.S. District Court, Central District of Illinois
  • Illinois
  • U.S. District Court, Southern District of Illinois
  • U.S. District Court, Eastern District of Missouri

Professional Memberships and Certifications

  • American Bar Association
  • American Seed Trade Association
  • The Bar Association of Metropolitan St. Louis
  • Defense Research Institute
  • East St. Louis (Illinois) Bar Association
  • Illinois State Bar Association
  • Madison County Bar Association
  • The Missouri Bar
  • St. Clair County (Illinois) Bar Association
Experience
  • Second-chaired trial in U.S. District Court, Eastern District of Missouri, and conducted the direct examination of the client's damages expert, resulting in a favorable verdict of more than $10 million.
  • Second-chaired trial representing an agricultural products manufacturer in a patent infringement lawsuit in the U.S. District Court, Northern District of Mississippi, in which jury found that the defendants’ infringement was willful and rendered a verdict that resulted in a judgment for more than $15 million.
  • Litigated with favorable results in the trial of patent and trademark infringement litigation matters on behalf of a Fortune 500 company.
  • Secured dismissal of a putative nationwide class action case involving allegations of deceptive advertising.
  • Supervised and managed the coordinated defense of hundreds of toxic tort matters around the country for a Fortune 500 company.
  • Represented a biodiesel refinery client involving issues relating to National Oilseed Processors Association (NOPA) and National Grain and Feed Association (NGFA) rules.
  • Matt litigated the following cases/decisions:
    • Monsanto Co. v. David, 516 F. 3d 1009 (Fed.Cir. 2008)
    • Monsanto Co. v. McFarling, 488 F. 3d 973 (FedCir. 2007)
    • Monsanto Co. v. Scruggs, 459 F. 3d 1328 (Fed.Cir. 2006)
    • Monsanto Co. v. David, 448 F. Supp. 2d 1088 (E.D.Mo. 2006)
    • Monsanto Co. v. Hill, 2006 WL 4864419 (E.D.Mo. 2005)
    • Monsanto Co. v. McFarling, 363 F. 3d 1336 (Fed.Cir. 2004)
    • Monsanto Co. v. Ralph, 382 F. 3d 1374 (Fed.Cir. 2004)
    • Monsanto Co. v. Scruggs, 342 F. Supp. 2d 568 (N.D.Ms. 2004)
    • Monsanto Co. v. Scruggs, 342 F. Supp. 2d 584 (N.D.Ms. 2004)
    • Monsanto Co. v. Scruggs, 342 F. Supp. 2d 602 (N.D.Ms. 2004)
    • Monsanto Co. v. McFarling, 302 F. 3d 1291 (Fed.Cir. 2002)
    • Monsanto Co. v. Nelson, 2001 WL 34079479 (E.D.Mo. 2001)
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