Matthew Borden
Partner & Co-founder
Awards and Recognitions
California Super Lawyer (2014-2024), Daily Journal’s 2025 Leading Commercial Litigators
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J.D. from University of California Hastings College of the Law
• Order of the Coif
• Thurston SocietyB.A. in English from University of California Berkeley
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Law Clerk to the Honorable William Alsup
U.S. District Court for Northern District of California -
Member of the State Bar of California and Guam
Admitted in the U.S. Supreme Court, and in the First, Second, Fourth, Fifth, Sixth, Ninth, Tenth, Eleventh Circuits and Federal Circuit Courts of Appeals, and numerous district courts across the country.
Counsel of record in state and federal proceedings in New York, Massachusetts, Pennsylvania, New Jersey, Florida, Connecticut, and Kentucky
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Biography
Matt Borden is a partner and co-founder of BraunHagey & Borden. He has successfully litigated dozens of cases for business clients in state and federal courts in the U.S. and internationally on a broad range of subject matters.
Representative Matters
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$54 million antitrust verdict.
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Obtained benefits for ERISA claimants in settlement on eve of closing argument
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Dismissal with prejudice of food labeling case affirmed in Clark v. Perfect Bar, No. 19-15042 (9th Cir. 2020)
Clark v. Perfect Bar, No. 3:18-cv-06006-WHA (N.D. Cal.)
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Successful defense of investment advisors who left bank to start their own firm.
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Successful prosecution of False Claims Act case.
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First injunction in state to prohibit misuse of psychotropic drugs in nursing homes.
Representative Published Appellate Decisions
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Overruling two intermediate appellate decisions and holding that executing an advance health care directive does not empower the agent to enter into arbitration agreements.
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Invalidating plaintiff’s patents based on obviousness.
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Expanding private rights of action under federal statute.
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Invalidating settlement agreement as illegal restraint on employee mobility under California Bustiness & Professions Code § 16600.
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Affirming injunction prohibiting federal and local law enforcement from dispersing journalists and legal observers at 2020 protests in Portland.
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Rejecting attempts to force claims for public injunctive relief into arbitration, and establishing that determination of whether case seeks public injunctive relief is made by reference to the pleadings.
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First published appellate decision establishing right against unlawful discharges from nursing homes.
Personal
Matt lives in the San Francisco Bay Area with his wife and daughter. He is an avid cyclist and amateur writer of children’s books.
For more information about Matt’s representative cases and experience, please contact the firm.