Matthew C. Baltay

Partner - Boston

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Contact Information

617.832.1262

617.832.7000

mbaltay@foleyhoag.com Download vCard

Matthew Baltay’s practice concentrates on complex litigation in the areas of accountants' professional liability, securities and shareholder lawsuits, business, governmental investigations and general commercial disputes.

Matthew has defended accountants and accounting firms in a variety of disputes, including securities class action litigation, SEC investigations and common law misrepresentation litigation. He has also represented issuers in securities and shareholder disputes.

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Education:

  • University of Washington School of Law, J.D., 1995
  • Yale University, M.A., 1991
  • Columbia University, B.A., 1989

Representative Experience

Accountants' Liability and Securities Litigation

Representation of accountants and public companies in defense of malpractice, misrepresentation and securities class action and related derivative action litigation in federal and state courts. Representative engagements include:

  • Representation of Big Four firm in tax liability litigation; secured dismissal of case on motion to dismiss. Cassidy v. PricewaterhouseCoopers LLP et al.
  • Representation of Big Four accounting firm in long-running defalcation case. Tenens Corp. et al. v. PricewaterhouseCoopers LLP et al.
  • Representation of international accounting firm in breach of contract and common law misrepresentation case. Scotia Prince Cruises Limited et al. v. PricewaterhouseCoopers Bermuda
  • Representation of Big Four accounting firm in federal securities fraud class action and related ERISA and state court litigation. In re: Tyco Securities Litigation
  • Representation of Big Four accounting firm in federal securities fraud class action in one of the first and only securities fraud class actions to reach trial under the revised securities litigation act. In re: Raytheon Securities Litigation
  • Representation of of Big Four accounting firm in federal securities fraud class action. In re: Stone & Webster Securities Litigaiton
  • Representation of Big Four auditing firm in common law financial statement misrepresentation case. Bank of America et al. v. Deloitte & Touche LLP
  • Representation of public company in federal securities fraud class action; dismissal with prejudice granted on motion to dismiss. Novelos Securities Litigation
  • Representation of public company in federal securities fraud class action and related state and federal court derivative actions. KVH Securities and Derivative Litigation
  • Representation of public company in federal securities fraud class action. J. Jill Securities Litigation
  • Representation of public company in option backdating derivative action. In re Progress Software Derivative Litigation

Complex Commercial Litigation

Representation of businesses and individuals in all aspects and stages of complex commercial litigation. Representative engagements include:

  • Representation of former officer in dispute over ownership value of LLC interest. Clinical Care Options, LLC v. Ranney
  • Representation of public company in merger litigation. In re: Seracare Life Sciences Merger Litigation
  • Representation of public company in merger litigation. In re: MEMSIC Merger Litigation
  • Representation of acquiring bank in challenge to merger by shareholders. Gut et al. v. Westborough Bank
  • Representation of victims in theft of assets case. Brad Bleidt Theft
  • Ongoing representation of large financial institution in attachment proceedings

Government Regulation/Compliance

Representation of businesses and individuals in governmental investigations and compliance. Representative engagements include:

  • Representation of accounting firm in Securities and Exchange Commission investigation
  • Representation of employees of one of Massachusetts’ largest dairy producers in Federal tax investigation
  • Representation of health insurer in attorney general investigation and litigation
  • Representation of public company in NASDAQ delisting proceeding
  • Served as Special Counsel to Massachusetts Board of Bar Examiners

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Involvement

  • Co-Chair, Accountants’ Liability Subcommittee, American Bar Association, Professional Liability Litigation Committee (2012 – present)
  • Co-Chair, Federal Practice and Procedure Committee, Boston Bar Association Litigation Section (2009-11)
  • Vice President, Federal Bar Association, Massachusetts Chapter (2013-present); Secretary (2011-2013)
  • MASSACHUSETTS LAW REVIEW, Board of Editors (2009-present); Comments Editor (2013-present)
  • BOSTON BAR JOURNAL, Board of Editors (2003-2009)
  • Boston American Inn of Court, President (2008-2009) and Executive Committee Member (2005-present)
  • Massachusetts Bar Association, Member
  • Boston Bar Association, Member
  • American Civil Liberties Union and ACLU Foundation of Massachusetts Amicus Club, Member
  • Faculty, "The SJC's New Guide to Evidence", Massachusetts Continuing Legal Education (Fall, 2009)
  • Lecturer, “Deposition Practice,” Massachusetts Bar Association Continuing Legal Education (May 6, 2009)
  • Lecturer, “Chapters 93A & 176D Update,” Massachusetts Bar Association Continuing Legal Education (January 27, 2009)
  • Presenter, “E-Discovery Risk Management Roundtable,” Protiviti, Boston  (August 22, 2007)
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Bar Admissions

  • Massachusetts
  • New York

Court Admissions

  • U.S. Court of Appeals First Circuit
  • U.S. District Court for the District of Massachusetts