Matthew G. White

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Associate
First Tennessee Building
165 Madison Avenue
Suite 2000
Memphis, Tennessee 38103
T: 901.577.8182
F: 901.577.0724

Matthew G. White, an associate in the Firm's Memphis office, concentrates his practice in the areas of securities litigation and complex commercial litigation. Mr. White regularly represents broker-dealers, registered investment advisers and financial institutions in a wide range of matters including customer initiated arbitrations and litigation. He also defends national and regional securities firms and their registered representatives in enforcement proceedings and investigations by the SEC, self-regulatory organizations and state securities agencies. Mr. White has also represented corporations and individual directors in securities class actions, derivative suits and other litigation.

In addition to his securities-related work, Mr. White has extensive experience in complex commercial and general business litigation. He has litigated trial and appellate matters in both state and federal courts, and in mediation and arbitration. Mr. White has also defended financial institutions and other corporations in class action litigation.

Additionally, Mr. White has conducted numerous internal investigations and defended corporate and individual clients in government investigations and white collar actions. He has investigated and litigated matters involving securities fraud, tax fraud, health care fraud, antitrust violations, violations of the Foreign Corrupt Practices Act, violations of U.S. domestic content laws and various other corporate compliance issues. In addition, Mr. White has defended clients in actions brought under the False Claims Act, including qui tam actions.

Recent Representative Matters

  • Defended broker-dealer in federal court action alleging violations of federal and state securities laws, aiding and abetting breach of fiduciary duties, and commercial bribery in the wake of bankruptcy of registered investment adviser.
  • Frequent representation of broker-dealers and registered investment advisers in litigation and in arbitrations involving claims of unsuitability, unauthorized trading, misrepresentation, churning, failure to supervise and breach of fiduciary duty.
  • Defended broker-dealers and registered investment advisers in SEC enforcement actions.
  • Defended broker-dealers in FINRA enforcement actions.
  • Defended corporate executive in SEC insider trading investigation.
  • Defended officer of a company in SEC inquiry regarding alleged material misrepresentations.
  • Frequent representation of broker-dealer firms and their registered representatives in responding to subpoenas, document requests from regulators, informal inquiries as well as formal SRO investigations involving investment banking activities, alleged sales practice violations, failure to supervise and other matters.
  • Represented officers of a public company in bankruptcy and in parallel criminal investigation, civil litigation and regulatory investigation.
  • Defended a financial institution on appeal in a U.S. Court of Appeals in a case arising out of the disposition of a business unit in which former employees claimed $2.4 million in damages for the alleged breach of a payment agreement. Obtained affirmance in client's favor.
  • Represented a mortgage company in a case before the Tennessee Court of Appeals in which the Court held that there is no private right of action to enforce the Home Affordable Modification Program.
  • Obtained dismissal of action alleging breach of contract and fraud filed in a U.S. District Court based on lack of personal jurisdiction.
  • Represented local government in litigation arising from school system consolidation.

Publications & Speaking Engagements

  • Author – "SEC Issues Guidance on its 2014 Examination Priorities," Baker Donelson Broker-Dealer Alert (February 18, 2014)
  • Author – "FINRA Issues 2014 Regulatory and Examination Priorities Letter," Baker Donelson Broker-Dealer Alert (February 11, 2014)
  • Speaker and Panelist – "Taking and Defending Effective Depositions," Tennessee Bar Association's TennBarU (April 25, 2013)
  • Author – "FINRA Issues 2013 Regulatory and Examination Priorities Letter," Baker Donelson Broker-Dealer Alert (February 4, 2013)
  • Speaker – "Encountering and Avoiding Ethical Traps," Tennessee Bar Association's TennBarU (February 1, 2013)
  • Co-author – "Cellphone Technology Meets the 4th Amendment," Law360 (September 10, 2012)
  • Co-author – "FINRA Requires Enhanced Oversight of Complex Products," Baker Donelson Broker-Dealer/Investment Adviser Alert (June 27, 2012)
  • Author – "Federal Sentencing Guidelines: Too Blunt An Instrument?" Law360 (June, 7, 2012)
  • Co-author – "Unregistered Securities: Increasing Risks for Broker-Dealers," Baker Donelson Broker-Dealer/Investment Adviser Alert (May 10, 2012)
  • Author – "FINRA Issues 2012 Priorities Letter," Baker Donelson Broker-Dealer Alert (February 15, 2012)
  • Author – "SEC/FINRA Issue Guidance Related to Use of Social Media," Baker Donelson Broker-Dealer/Registered Investment Adviser Alert (January 19, 2012)
  • Author – "SEC Alters Policy on 'No Admit, No Deny' Settlements," Baker Donelson Broker-Dealer Alert (January 13, 2012)
  • Author – "SEC/FINRA Guidance Signals that Broker-Dealers Must Strengthen Branch Exam Process," Baker Donelson Broker-Dealer Alert (December 19, 2011)
  • Co-author – "Merger Trends: H&R Vs. AT&T," Law360 (November 15, 2011)
  • Editor, Section on Alternative Dispute Resolution, The District of Columbia Practice Manual (2011 Ed.)
  • Co-author – "Generic Protections: A Synopsis of the Generic Approval Processes in the U.S., Japan, China, and the European Union," Pharmaceutical Law & Industry Report, 9 PLIR 716 (June 2011)
  • Co-author – "My Agent Did What? How to Deal with FCPA Red Flags Involving Corporate Agents," The Corporate Counselor, Vol. 25, No. 8 (December 2010)
  • Co-author – "Can I Save This Agent? Analyzing a Company's Liability for an Agent's Actions Under the Foreign Corrupt Practices Act," Bloomberg Law Reports – White Collar Crime, Vol. 2, No. 11 (November 2010)
  • Co-author – "Recent Case Holds that Investors Cannot Maintain a Claim Under Section 10(b) Against a Foreign Issuer to Recover Losses for Purchases on a Foreign Securities Exchange," Auditor Liability in the Corporate Environment 2010, at 421 (PLI Corp. Law & Practice, Course Handbook No. B-1844, 2010)
  • Co-author – "First IP Enforcement Coordinator Starts Her Term," The National Law Journal (May 17, 2010)

Professional Honors & Activities

  • Member – American Bar Association
  • Member – Memphis Bar Association
  • Member – Tennessee Bar Association
    • West Tennessee CLE Captain, Young Lawyers Division 
  • Member – Defense Research Institute
  • Member – Virginia Bar Association
  • Member – Bar Association of the District of Columbia

Admissions

  • Tennessee, 2012
  • District of Columbia, 2010
  • Virginia, 2009
  • U.S. District Court for the Western District of Tennessee
  • 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 Federal Claims
  • U.S. Court of Appeals for the Federal Circuit
  • U.S. Court of Appeals for the Sixth Circuit

Education

  • University of Florida, Levin College of Law, J.D., cum laude
    • Research Editor, Florida Law Review
    • Member – Florida Journal of Technology Law and Policy
    • Member – Florida Entertainment Law Review
    • Officer – Corporate and Securities Litigation Group
    • Placed First in the Florida Intramural Securities Moot Court Competition
    • Book Awards in Legal Drafting and Advanced Techniques in Appellate Advocacy
    • Dean's List
  • University of Florida, B.A., magna cum laude