Cooley Godward Kronish LLP | Matthew D. Brown

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Matthew D. Brown is a partner in the Cooley Godward Kronish Litigation Department and works in the San Francisco office. He has been with the Firm since 1998.

Mr. Brown's practice includes complex contract and commercial disputes, intellectual property, unfair competition, Internet-related issues, and white-collar criminal defense.

Mr. Brown represents clients in a wide array of cases in state and federal courts across the country, as well as in alternative dispute resolution (ADR) proceedings. He also provides counseling to corporations and individuals seeking to investigate, assess, and manage potential liability risks.

Mr. Brown has substantial trial experience, having been involved in ten trials to date, including five as sole trial counsel and three as second-chair trial counsel. He also has substantial experience briefing and arguing cases in the appellate courts. Pre-trial, Mr. Brown has extensive experience managing complex cases, including developing legal theories and strategic plans, drafting and arguing motions, working with fact and expert witnesses, and engaging in discovery. He routinely litigates document-intensive cases, and is knowledgeable about the issues and procedures associated with electronic discovery.

Representative matters:

Capitol Records, LLC, et al. v. VideoEgg, Inc. and Hi5 Networks, Inc.: Represented operator of social networking website in case in which plaintiff music recording and publishing companies alleged copyright infringement on basis of website users' uploading of video files.
MGM Studios Inc. v. Grokster, Ltd.: Prepared amicus brief in the U.S. Supreme Court on behalf of nine emerging technology companies in landmark case involving secondary liability for copyright infringement in the context of peer-to-peer file-sharing software. Brief was cited in the Court's unanimous opinion at: 125 S. Ct. 2764, 2775 (2005). Provided commentary on the decision for an NPR news report.
Kathleen R. v. City of Livermore: Authored amicus brief and successfully argued before California Court of Appeal on behalf of over 100 cities and counties on issue of first impression in courts nationwide: whether § 230 of federal Communications Decency Act preempted state-law claims against city based on minor's access to allegedly harmful Internet content at public library. 87 Cal. App. 4th 684 (2001).
ViroLogic, Inc. v. Doe: Represented biotechnology company in case alleging that anonymous poster on Yahoo! message board disclosed confidential company information. On issue of first impression, received favorable appellate ruling that client's due process rights were violated by trial court order disallowing outside counsel from revealing defendant's identity to company executives for purposes of responding to defendant's anti-SLAPP motion to strike the complaint. One news report called this decision "groundbreaking." Nos. A101571, A102811, 2004 WL 1941335 (Cal. Ct. App. Sep. 1, 2004).
In re Pacific Gas & Electric Co.: Member of trial team that won bankruptcy court approval of PG&E's plan of reorganization under Chapter 11, the largest utility bankruptcy proceeding in U.S. history.
Represented insurance broker formerly with Marsh & McLennan in nine month trial prosecuted by New York State Attorney General, alleging thirty-seven counts of scheme to defraud, restraint of trade and competition, and grand larceny.
Represented executive of national clinical laboratory company prosecuted by U.S. Department of Justice for conspiracy to defraud Medicare program. Won judgment of acquittal at trial in District of Massachusetts.
Represented defendant in white-collar criminal case alleging conspiracy to defraud Federal government. After successful second petition to U.S. Supreme Court, 128 S. Ct. 854 (2008), successfully argued that court of appeals should affirm sentence imposed by district court, which prosecutors had fought for six years and court of appeals had earlier twice reversed. 544 F.3d 22 (1st Cir. 2008).

In 2006, as part of a firm-sponsored program, Mr. Brown served as an Assistant District Attorney for the City and County of San Francisco, prosecuting criminal cases such as sexual battery, child endangerment, burglary, carrying a concealed weapon, battery, hit-and-run, and driving under the influence.

In 2009, Mr. Brown was elected to The American Law Institute (ALI).

Mr. Brown received a J.D., cum laude, from Harvard Law School in 1998. While in law school, he assisted criminal defendants through the Harvard Defenders program and represented tenants in Boston Housing Court through the Hale & Dorr Legal Services Center. He wrote his third-year paper on the federal copyright preemption issues associated with mass-market information licenses such as "shrinkwrap" and "click-through" software licenses.

Mr. Brown received an A.B. from Cornell University, College of Arts and Sciences, in 1992 with a major in Philosophy and concentration in Government. He graduated with distinction and was elected to Phi Beta Kappa.

Mr. Brown is also an author of the following publications: