Matthew Frutig
Biography
Overview
Matt Frutig is a senior associate and litigator in White & Case's Global Antitrust/Competition Practice. For over a decade, he has advised and defended multinational corporations in complex civil litigation, particularly on issues arising under US and foreign antitrust and competition laws.
Through his creative and tireless advocacy, Matt has obtained hard-won victories for his clients and guided them through bet-the-company litigation.
Matt's practice focuses on defending clients against allegations of civil antitrust violations in US federal and state courts, and also includes representing and defending clients in commercial and data privacy litigation. Matt has a depth of experience at each phase of litigation, including motions practice, discovery, class certification, and trial. Matt has also litigated matters on appeal and at the United States Supreme Court.
Matt has deep knowledge of the technology and electronics sectors. He has represented Toshiba Corporation and several of its affiliates in antitrust, class action, and other civil litigation, including.
- In Puerto Rico v. TAEC, et al., Case No. 4:20-cv-05606-JST (N.D. Cal.), Matt was a key member of the defense team that successfully defended several Toshiba entities at the motion to dismiss stage by obtaining dismissal with prejudice of an unjust enrichment claim brought by the Commonwealth of Puerto Rico seeking over US$30 million.
- In Toshiba Int'l Corp. v. D'Agostino et al., Case No. 4:19-cv-4274 (S.D. Tex.), Matt was a key member of the litigation team that successfully represented a Toshiba company in bringing federal and state-law claims against a former employee and contractors that defrauded the company over a span of twelve years.
- In re Cathode Ray Tube Antitrust Litigation, MDL No. 1917, 07-5944 (N.D. Cal.): Matt was a key member of the defense team that resolved twenty-six consolidated actions without an adverse judgment against his clients.
Matt also has extensive antitrust and regulatory counseling experience, including advising a prominent social media company on possible Sherman Act § 2 exposure; designing, preparing, and delivering an antitrust compliance program for a prominent technology company; and advising a prominent instant messaging company in investigations being conducted by various Latin America competition authorities.
Matt is deeply involved in the firm's pro bono practice. A five-time recipient of the firm's Access to Justice award, Matt has co-led the firm's Veterans Initiative, a firm-wide effort to represent veterans seeking disability benefits from the US Veterans Benefits Administration and US Military.
Prior to joining White & Case, Matt worked as a Graduate Fellow for the National Veterans Legal Services Program (NVLSP), where he assisted in representing veterans of the conflicts in Iraq and Afghanistan in class action litigation. Matt has continued to work with NVLSP since coming to the firm, including serving as chair of NVLSP's Advisory Council.
Experience
Civil and Appellate Litigation
- Defending Toshiba in multijurisdictional engagement in the United States and abroad—e.g., Brazil, European Union, United Kingdom—in connection with allegations of price fixing, output restrictions, and market allocation in the cathode ray tube industry.
- Successfully defended client against Sherman Act § 1 rule-of-reason claim.
- Obtained dismissal with prejudice of US$30 million tag-along unjust enrichment claim brought against client by the Commonwealth of Puerto Rico.
- Member of appellate team that, along with co-defendants, obtained Ninth Circuit ruling affirming order approving settlement agreements in excess of US$500 million.
- Represented client in successfully bringing federal civil RICO and state fraud claims against defendant co-conspirators that had systematically defrauded company.
- Key member of the team that successfully defended Stolt-Nielsen SA in its efforts to enforce its criminal Amnesty Agreement with the DOJ Antitrust Division. Following a three-week bench trial, obtained the dismissal of the indictment. The court ruled the Division's actions violated Stolt-Nielsen's constitutional due-process guarantees.
Antitrust and Regulatory Counseling
- Advised social media company on possible US and foreign antitrust exposure.
- Advised prominent instant messaging company in investigations being conducted by various Latin America competition authorities.
Pro Bono
- Established pro bono initiative that has trained over 100 White & Case attorneys to represent U.S. veterans seeking disability benefits from the US Veterans Benefits Administration.
- Represented numerous veterans in their successful disability-benefits claims before the VA and Combat Related Special Compensation claims before the US Military.
Received White & Case's Access to Justice Award in 2011, 2013, 2018, 2019, and 2021.
Received White & Case's Volunteer Leadership Award, 2017
