Matthew J. Berns

Drawing on his experience in senior leadership roles in the New Jersey Attorney General’s and Governor’s Offices and as a trial attorney for the U.S. Department of Justice, Matt provides an insider’s perspective when guiding clients through complex government investigations, litigation, and other actions.

As chief counsel to the New Jersey attorney general, Matt oversaw the Divisions of Law, Consumer Affairs, and Civil Rights and served as the attorney general’s most senior advisor on non-criminal matters. He oversaw civil litigation and investigations, including affirmative civil enforcement matters in the areas of antitrust, consumer protection, data privacy and cybersecurity, environmental law, false claims, professional licensure, securities fraud, and worker protections.

As deputy chief counsel to the New Jersey governor, Matt oversaw the office’s litigation, rulemaking, executive order, clemency, and oversight functions. He also advised the governor on pending legislation.

During his time with the U.S. Department of Justice, Matt defended the federal government in litigation challenging the constitutionality of statutes and the legality of agency rules and policies. Among other matters, he handled litigation challenging the constitutionality of the Consumer Financial Protection Bureau and some of the bureau’s earliest regulations, as well as numerous lawsuits involving the Medicaid and Medicare programs.

Before entering public service, Matt worked for another major law firm, where he represented clients in state and federal litigation, investigations, administrative proceedings, and appeals. As part of his diverse practice, he frequently represented clients challenging federal agency action under the Administrative Procedure Act.

After a decade of public service in federal and state government, Matt remains involved in the community and maintains an active pro bono practice. He currently serves as a public member of the New Jersey Innovation Authority, a first-of-its-kind agency tasked with using data, artificial intelligence, and other technologies to make government more effective and efficient.

State Attorneys General Investigations and Litigation

• Representing a financial services company in a multistate attorneys general investigation.
• Representing a financial services company in litigation against a state attorney general related to consumer protection matter.
• Representing a health care company in a state attorney general investigation involving alleged UDAP violations.
• Representing a medical device company in an inquiry by the Florida Attorney General’s Office concerning foreign ownership.
• Representing companies in data privacy investigations by state attorneys general.
• Represented a national bank in state attorney general litigation.

Other Government Investigations and Litigation

• Represented a multinational company in a federal criminal antitrust investigation.
• Represented a municipal government in a federal civil rights lawsuit.
• Advise clients responding to regulatory inquiries from banking regulators.

Affirmative Litigation Against the Government

• Represented pharmaceutical companies in litigation against federal agencies concerning statutory exclusivity periods and patent term adjustments.
• Represented a state health care agency in obtaining a $75 million judgment against the U.S. Department of Health and Human Services for unjust enrichment.
• Represented a trade association and community banks in challenging part of the Volcker Rule.
• Represented a company in cross-appeals before the Federal Circuit from an inter partes review decision of the Patent Trial and Appeal Board.
• Represented clients in administrative litigation before the Departmental Appeals Board of the U.S. Department of Health and Human Services.

Regulatory Advice and Advocacy

• Represented trade associations and companies submitting comments on proposed rules and draft guidance from various federal agencies.
• Representing a client before a federal agency concerning the client’s eligibility for federal funding.

Other Litigation

• Represented clients in class actions and putative class actions.
• Represented a national bank in litigation under California’s Private Attorneys General Act.
• Represented a state health care agency in a federal appeal saving the client over $100 million in payments to providers.
• Represented a college athletic association in litigation with member schools.

Pro Bono

• Advising the Association of Criminal Defense Lawyers of New Jersey in connection with litigation over the leadership of the U.S. Attorney’s Office for the District of New Jersey.