Matthew Geyer

Complex commercial litigation practice in San Francisco from 1985-2003, AAA commercial arbitrator in San Francisco and now Santa Fe since 1991, arbitrating and mediating an array of commercial cases in various industries.

Experience

Complex commercial litigation practice in San Francisco from 1985-2003. Substantial experience litigating and arbitrating breach of contract claims involving all manner of commercial contracts, for goods and services, operating agreements, licensing agreements, franchise agreements, partnership agreements/disputes, joint venture agreements, contracts for the purchase and sale of businesses, intellectual property, commercial real estate and multi-residential common interest developments, including conditions, covenants and restrictions (’CC&R’s’) in industrial parks and as applicable to homeowners’ associations, output and requirements contracts, and professional services, seeking remedies of various kinds, including lost profits and other damages, rescission and restitution, and dissolution of a partnership, joint venture or closely held corporation. Business litigation practice also included antitrust, unfair competition, business torts, fraud and misrepresentation claims; copyright and trademark infringement and other IP litigation; insurance coverage issues; construction projects; state and federal gaming and Indian gaming law; valuation of shares and other interests in close corporations, limited partnerships, investment funds and early-stage companies; and issues relating to withdrawals from and dissolutions of law and other professional partnerships. This litigation, and related counseling, served both large institutions and small business clients operating in a wide range of industries. Substantial practice in securities and related litigation, representing broker/dealers, issuers, lenders, and corporate investors.

Work History

Founder, Geyer Law and ADR, 2003-present Shareholder, Rogers Joseph O’Donnell & Quinn, 2000-2002 Partner, Landels, Ripley & Diamond, LLP, 1985-2000 Int’l Ass’n of Theatrical and Stage Employees, Local 44, 1975-1982

Cases

AAA commercial arbitrator since 1991. Since 2004 (available data) has served as neutral arbitrator in over 300 cases (over 150 to award), including 60+ large and complex cases and 40+ panel cases (20+ as chair). Has also acted as mediator in over 300 other cases. Recent arbitration matters proceeding to award include chairing panel of three neutral arbitrators adjudicating $200+ million claims between federal agency receiver of failed bank and Big Four accounting firm for negligence related to auditing procedures; chairing panel hearing $3.5 million claims of investor against brokerage firm relating to losses arising from investment in leveraged municipal bond arbitrage fund; chairing panel hearing $5-10 million claims and counterclaims between entertainment industry talent agency and production company client; arbitrating $17+ million claims between venture capital firm and president/former owner of portfolio company operating in offshore information technology solutions sector; sole arbitrator hearing claims between real estate partners relating to sale by partnership of $12.5 million waterfront home in Hawaii, alleging breach of fiduciary duty and challenging propriety of sale price. Other arbitrations have involved commercial and residential real estate sales, leases and appraisals relating to same; title insurance claims; insurance coverage disputes between insurers, insureds and third parties under employment practices liability policies, federal crop loss, individual homeowners, landlord-tenant and other insurance policies and coverages; disputes between franchisors and franchisees in health club, weight loss, fast food, business printing and auto repair industries; disputes relating to winery operations and grape growing contracts; book publishing contracts; consulting agreements; partnership, shareholder and limited liability (LLC) operating agreements, including in law firms, accounting and venture capital firms and other businesses, and technology companies in various stages of development; franchise agreements; purchase and sale agreements involving businesses in medical and numerous other fields; domain name disputes; and claims between condominium owners and others relating to common interest developments governed by CC&Rs or tenancy-in-common agreements.

License(s)

California State Bar, 1985

Education

California State University, Northridge (BA-1982), summa cum laude; Hastings College of the Law (JD-1985), magna cum laude, Order of the Coif

Publications

’Interim Awards, Partial Final Awards and Functus Officio: Tailoring Flexible Accessories to Suit a Strict Doctrine,’ AAA Webinar, 2014; ’Conducting Effective and Efficient Arbitrations,’ California State Bar Conference, 2010; ’What Trial Lawyers Know (and Don’t) About Arbitrating,’ California State Bar Annual Conference, September 2008; ’So That’s How They Do It Around Here: Procedural Issues in Commercial Arbitrations’, Bar Ass’n of San Francisco ADR Section and Arbitration Committee, August 2008; ’Mediating Residential Real Estate Disputes: Safeguarding the Right to Attorney Fees in Subsequent Proceedings,’ BASF Bulletin, July 2007; ’Discovery and Hearing Practice in Commercial Arbitrations: The View from the Neither Side,’ BASF Newsletter, 2004; ’Discovery Practice in Commercial Arbitrations,’ BASF, 2003; California Commercial and Residential Leasing and Eviction Law, National Business Institute, 1994, 1996, 1999; Statutory Limitations on Corporate Spending in Ballot Measure Campaigns: The Case for Constitutionality, 36 Hastings Law Journal 433 (1985)

Panels

American Arbitration Association, National Roster of Commercial Arbitrators, Large & Complex Case Panel, Securities Panel, Panel of Mediators Bar Association of San Francisco, Mediation Services Panel

Associations

State Bar of California, Committee on Alternative Dispute Resolution, 2007-2010; State Bar of California, Alternative Dispute Resolution, Litigation, Antitrust and Unfair Competition Law Sections; Bar Association of San Francisco, Mediation and Arbitration Sections; Edward J. McFetridge American Inn of Court, San Francisco, past-Executive Board Member and Program Chair