Member-In-Charge of the Richmond Office; Member, Board of Directors, Executive Committee and Technology Committee
Eighth and Main Building
707 East Main Street
Richmond, VA 23219
Matt Kirsner represents clients in business disputes – including energy and telecommunications litigation, broker/dealer disputes and compliance advice, trade secret and intellectual property litigation, class action defense, antitrust investigations and litigation, business torts, commercial leasing disputes, mortgage loan repurchase claims, fiduciary litigation, and regulatory proceedings before state and federal agencies. Matt also has experience representing financial institutions in bankruptcy and foreclosure actions.
Energy and Telecommunications Litigation
- Defense of fiber optic right of way class action suit involving investor owned utility and its telecommunications subsidiary;
- Represent utilities in pole attachment disputes with cable television and telecommunications carriers in state and federal courts, and at the Federal Communications Commission;
- Represent communication tower operators and wireless communications service providers in real estate, contract, and trespass disputes;
- Represented communications carrier in appeal of business equipment tax assessment before state regulatory commission;
- Litigation of electric power purchase agreements in federal court and at the Federal Energy Regulatory Commission;
- Counsel to investor owned utility in consequential damages claim by substantial business customer arising out of transmission line outage;
- Counsel utility clients regarding agreements with independent power producers and fuel suppliers;
- Represent various clients in utility easement disputes with private landowners, businesses and localities;
- Counsel to utility regarding construction, maintenance and operation of electric supply, gas and communications lines and equipment, including NESC, OSHA, DOT and state clearance mandates;
- Advice utility regarding tariff interpretation and electric service contract disputes in Virginia;
- Counsel to utility regarding competition and service issues arising under North Carolina Electric Act of 1965.
Antitrust, Trade Secret, Intellectual Property, Business Tort and Noncompete Issues
- Defend and prosecute investment industry disputes, including broker/dealer and investment advisor claims under FINRA, NYSE and Va. SCC jurisdiction, post-termination commission claims, U5 defamation allegations, and investor allegations regarding arbitrability, suitability, breach of fiduciary duty, churning and unregistered securities;
- Defend semiconductor manufacturer against federal and state securities fraud claims arising out of initial public offering.
- Counsel to individuals and entities regarding SEC investigation of private placement offerings, preferred stock and promissory notes;
- Counsel to beneficiaries and replacement trustee of Delaware Statutory Trusts (DST) in fiduciary and business tort litigation;
- Counsel to sponsors and investors regarding Tenants in Common (TIC) ownership and financing issues;
- Defend mortgage loan repurchase claims on behalf of mortgage brokers.
Real Estate Litigation
- Litigate employment disputes, including the enforcement or invalidation of noncompete, confidentiality and nondisclosure agreements through injunction proceedings;
- Obtained injunctions to protect trade secrets from public dissemination and/or use by competing entities;
- Counsel to manufacturers in antitrust litigation, as well as investigations by state and federal regulators;
- Counsel to manufacturers regarding unfair trade practices claim;
- Counsel to manufacturer regarding patent and trademark infringement claims;
- Counsel to manufacturer in product disparagement and business defamation claims;
- Defended e-mail defamation claim involving private security contractors in Iraq.
- Represent building owners and national developers in commercial landlord tenant disputes, including constructive eviction, lease termination and renewal disputes, and sick building claims;
- Counsel to national shopping mall developer in real estate purchase option dispute;
- Litigate partition and condemnation matters on behalf of private owners and trustees;
- Assist subdivision lot owners with infrastructure surety bond dispute;
- Represent major financial institutions in bankruptcy and foreclosure actions.
Pro Bono Matters
- Fiduciary litigation relating to trust management, termination of trusts, advice and guidance suits, and fiduciary duties.
- Guardian ad litem to incarcerated felons in divorce proceedings;
- Appear in local courts regarding protective order, child custody and visitation issues;
- Assist law student clinic with debt collection matters;
- Assist adult literacy organization with fundraising and special event management tasks.
J.D., George Mason University School of Law, 1997
B.A., College of William and Mary, 1992
District of Columbia
U.S. District Court for the Eastern and Western Districts of Virginia
U.S. District Court for the District of Columbia
U.S. Court of Appeals for the Fourth Circuit
U.S. Bankruptcy Court for the Eastern District of Virginia
Richmond Bar Association, Energy Law section
Virginia Bar Association, Member of Law Practice Management Division Council, Litigation and Energy Law sections
Virginia State Bar Association, Litigation and Administrative Law sections
District of Columbia Bar Association
College of William & Mary Alumni Association
George Mason University School of Law Alumni Association
Participant, National Trial Advocacy College at the University of Virginia School of Law
Selected for inclusion in The Best Lawyers in America
- "Arbitration: Which Party Should Bear the Cost?" Virginia Lawyer, April 2002.
- •"Issues in Telecommunications Law for Electric Utility Lawyers," Continuing Legal Education Course, June 2009.
- "Red Flag or Red Herring: How to Develop and Implement an Identity Theft Protection Program," Virginia, Maryland and Delaware Association of Electric Cooperatives, August 2008.
- "Practical Tips for Corporate Counsel: Managing and Surviving E-Discovery," Richmond Bar Association, October 2007.
- “Electronic Discovery: Emerging Case Law and Amendments to the Federal Rules of Civil Procedure," Continuing Legal Education course, September 2006.
- “Issues & Challenges In Telecom Easement Class Actions," co-presented with Charles A. Zdebski for the Tennessee Valley Public Power Association Legal Conference, February 2005.
- “Decision Maker for June 16: Matt Kirsner,” quoted, Richmond Times-Dispatch, June 15, 2014.
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