Matt has a diverse litigation practice focused on three areas: product liability; sports and recreation law; and trademark, copyright, and advertising law.
In the area of product liability, Matt represents product manufacturers against design defect, manufacturing defect, and failure to warn claims. Products he’s successfully defended run the gamut from sporting goods to industrial plant equipment. He also provides preventative and remedial measures advice, including user manuals, on-product warnings, and product recalls.
In the sports and recreation law arena, Matt defends claims against sports and recreation service providers, including extensive work with ski and recreation areas in personal injury cases. Matt stays up-to-date on changes in sports and recreation law, including liability waivers, recreational immunity, and assumption of risk. Matt is a frequent presenter on risk-management strategy and accident investigations.
Matt also represents companies and individuals in copyright, trademark, trade secret, and advertising litigation. In addition to defending and protecting infringement, false advertising, and unfair competition claims, he works proactively with clients to ensure their marketing and advertising campaigns cannot be construed as misleading or deceptive and, in particular, that their environmental marketing claims are FTC Green Guide-compliant.
When Matt is not working, he can be found at home with his wife and two children. He enjoys endurance sports, including cross-county skiing and running, alpine skiing, canoeing, word-games, and reading.
Key Practice Experience
Recognitions and Honors
- Law Clerk to the Honorable Joseph M. McLaughlin, U.S. Court of Appeals for the Second Circuit (2012-2013)
- Law Clerk to Magistrate Judge Andrew J. Peck, U.S. District Court for the Southern District of New York (2009-2011)
- Archibald R. Murray Public Service Award, Fordham University School of Law
- Alpha Sigma Nu
Publications and Presentations
- Risk Management for Collegiate Ski and Snowboard Competitions, United States Collegiate Ski and Snowboard Association, Bloomington, MN, June 2022
- COVID-19: Mitigating Business and Legal Risks, ALFA International, August 2020
- Remedies for Copyright and Trademark Infringement, Minnesota Paralegal Association, Intellectual Property Sectional, July 2020
- Hospitality and COVID-19: Mitigating Health and Legal Risks, Hospitality Minnesota, July 2020
- Employer Liability When Workers Contract COVID-19, May 2020
- Avoiding False Advertising Claims During COVID-19, May 2020
- Minnesota Skiers and Snowboarders Now Liable for Injuries on the Slope; Are Other Sports Next?, January 2019
- U.S. Supreme Court Deems FELA Payments as Taxable, March 2019
- Responding to Document Requests Under the New Rule 34, DRI Commercial Litigation Seminar, April 2018
- CPSC Settlement Reinforces Need for Product Manufacturers to Proactively Implement Safety Compliance Programs, April 17, 2017
- CPSC Wins Decisively in Rare Decision Addressing Procedural Defenses to CPSA Enforcement Actions, November 2016
- Incoming! Despite Lack of ‘Ice Missile’ Laws in Some States, Trucking Companies Still Potentially Liable for Negligence, TIDA (Trucking Industry Defense Association) 2015 Fall Newsletter, December 2015
- The Law of Optional Safety Devices, MDLA Products Liability Committee, December 2015
- Association of Ski Defense Attorneys
- Defense Research Institute
- Minnesota Defense Lawyers Association
- Federal Bar Association
- Hennepin County Bar Association
- Minnesota State Bar Association
- New York State Bar Association
- Wisconsin State Bar Association
- Product Liability Advisory Council
- Sustainable Brands
- Board of Directors, Milkweed Editions
- Board of Directors, Open Book
- Volunteer investigator, 4th Judicial District Ethics Committee
- Volunteer cross-county ski coach, Loppet Foundation
- Avoiding False Advertising Claims During COVID-19
- Employer Liability When Workers Contract COVID-19
- U.S. Supreme Court Deems FELA Payments as Taxable
- Minnesota Skiers and Snowboarders Now Liable for Injuries on the Slopes; Are Other Sports Next?
- Benjamin Johnson and Matthew Murphy Promoted to Shareholder at Nilan Johnson Lewis
- CPSC Settlement Reinforces Need for Product Manufacturers to Proactively Implement Safety Compliance Programs
- CPSC Wins Decisively in Rare Decision Addressing Procedural Defenses to CPSA Enforcement Actions
- Nilan Johnson Lewis Successfully Defends Client Evenflo Against Class Action Claims
- Incoming! Despite Lack of “Ice Missile” Laws in Minnesota, Trucking Companies Still Potentially Liable for Negligence