Matthew Borden

Partner & Co-founder

Awards and Recognitions

California Super Lawyer (2014-2023)

  • J.D. from University of California Hastings College of the Law
    • Order of the Coif
    • Thurston Society

    B.A. in English from University of California Berkeley

  • Law Clerk to the Honorable William Alsup (N.D. Cal.)

  • Member of the State Bar of California and Guam

    Admitted in the Northern District and Central District of California, and in the Ninth Circuit and Federal Circuit Courts of Appeals

    Counsel of record in state and federal proceedings in New York, Massachusetts, Pennsylvania, New Jersey, Florida, Connecticut, and Kentucky

    U.S. Supreme Court

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

  • $54 million antitrust verdict.

    Optronic Technologies, Inc. v. Ningbo Sunny Electronic Co., LTD, No. 5:16-cv-06370-EJD-VKD (N.D. Cal.)

  • ERISA case that settled on eve of closing argument.

    Pham v. ComUnity Lending, Inc., 5:10-cv-00562-JW (N.D. Cal.)

  • 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.)

  • Dismissal with prejudice of food labeling case.

    Venticinque v. Back to Nature Co., LLC, S.D.N.Y. 1:22-cv-07497-VEC (S.D.N.Y.)

  • Successful defense of investment advisors who left bank to start their own firm.

    BNY Mellon, N.A. v. Lyell Wealth Mgmt., LLC, et al., Case No. 16 Civ. 06896 (DAB) (S.D.N.Y.)

  • Successful prosecution of False Claims Act case.

    State of California ex rel Dominguez v. En Pointe Technologies, Inc., 37-2011-00100936-CU-BTL (San Diego Super.)

  • First injunction in state to prohibit misuse of psychotropic drugs in nursing homes.

    Davis v. AG Seal Beach, No. BC468346 (Los Angeles Super.)

Representative Published Appellate Decisions

  • Executing advance health care directive does not empower the agent to enter into arbitration agreements.

    Harrod v. Country Oaks Partners, LLC, 544 P.3d 1138 (Cal. Supreme Court)

  • Affirming invalidation of plaintiff’s patents based on obviousness.

    Media Technologies Licensing v. Upper Deck, 596 F.3d 1334 (Fed. Cir. 2010)

  • Expanding private rights of action under federal statute.

    Anderson v. Ghaly, 15-cv-05120-HSG (N.D. Cal. Mar. 10, 2022)

  • Defining illegal restraints on trade in settlement agreements.

    Golden v. California Emergency Physicians Medical Group et al., No. C 10-00437 JSW (N.D. Cal. Feb. 27, 2012)

  • First published appellate decision establishing right against unlawful discharges from nursing homes.

    St. John of God Ret. & Care Center v. Dep’t of Health Care Servs., 2 Cal. App. 5th 638 (2016)

  • Affirming injunction prohibiting federal and local law enforcement from dispersing journalists and legal observers at 2020 protests in Portland.

    Index Newspapers LLC v. United States Marshals Service, 977 F.3d 817 (2020)

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.