Matthew M Ferguson

Matthew M Ferguson

Partner New York, United States

Admissions

  • Florida
  • New York

Education

  • Tulane University School of Law, JD, 2004
  • University of Wisconsin-Madison, BA, 1998

A partner in our New York office, Matthew specializes in domestic and international insurance matters, where he primarily focuses on directors and officers (D&O) liability, professional liability and financial institutions liability.

Matthew has a track record of success evaluating and handling complex coverage issues for large and prominent multinational US and non-US insurers. These cases blanketed a range of business sectors from finance, energy, manufacturing, mining and pharmaceutical to healthcare, technology, telecommunications, internet and media.
Matthew has successfully defended D&O claims involving violations of the federal and state securities laws and breaches of fiduciary duty, including stock manipulation, misstatements in public and private offerings, management disputes in closely held companies, and allegations surrounding mergers, acquisitions and other transactions. Matthew has represented insurers of financial institutions in a variety of professional liability and fidelity matters involving multinational, domestic, regional and community banks, private equity firms and related portfolio companies, investment banks, mutual funds, asset managers and hedge funds, broker-dealers and a variety of other financial institutions and their professionals.

Earlier in his career, Matthew worked with the National Association of Securities Dealers (NASD) for the Department of Enforcement. He did an internship in the New York Stock Exchange’s Division of Enforcement, and once worked for a private investment bank in New York.

Presentations and publications

  • Co-author, "EPL Claims: Changing Norms and New Legislation in the #MeToo Era," published for Kennedys (August 2018)
  • “US Jurisdiction Over Foreign Insureds,” presented in-house to clients in London (May 2018)
  • “CFPB Issues New Arbitration Rule – Are the Flood Gates Opening for Consumer Class Actions Against Financial Institutions?” published in Mondaq Business Briefing (July 17, 2017)
  • “Growth of Global Litigation Funding Market to Drive Increase in D&O Claims” published in Insurance Day (June 21, 2017)
  • “Litigation Funding and Its Implications for US and UK Insurers,” published in Mondaq Business Briefing (May 23, 2017)
  • “False Claims Act Litigation and Implications for D&O and Professional Liability Insurers” published in Mondaq Business Briefing (May 5, 2017)
  • “Policy Termination and Nonrenewal,” Chapter 9 in the Directors & Officers Liability Insurance Deskbook, Fourth Edition published by the American Bar Association, Tort Trial & Insurance Practice Section (2016)
  • “Policy Limits and Retentions,” Chapter 6 in the Directors & Officers Liability Insurance Deskbook, Fourth Edition published by the American Bar Association, Tort Trial & Insurance Practice Section (2016)
  • “Rising Tide of US Securities Claims Against Brazilian Companies: Practical Guidance From a D&O Perspective” (2016)
  • Hot Topics: D&O and FI Coverage Trends,” in-house presentation to London Market Clients (June 2016)
  • Co-presenter, “California Fair Claims Settlement Practices Regulations,” presented in-house to clients (April 2015)
  • Co-presenter, “Deciphering the U.S. Securities Laws: Key Issues and Concepts for Insurers,” in-house webinar for clients (July 2014)
  • “D&O Insurers Take Note: U.S. Supreme Court Modifies the ‘Basic’ Game,” published in Insurance Law Blog (June 23, 2014)
  • “New York to D&O Insureds: ‘You Can’t Relate!’ Without Sufficient Factual Overlap,” published in Insurance Law Blog (June 6, 2014)
  • Co-presenter, “FDIC Failed Bank Litigation and Its Insurance-Related Implications,” presented in-house to clients (December 2013)