Matthew C.Corcoran (Matt)

Partner

Columbus + 1.614.281.3822

Matt Corcoran focuses on representing clients around the globe in bankruptcy, transactional, energy, and health care-related disputes. He has substantial experience counseling clients in disputes involving fraudulent conveyance, preference, breach of contract, fiduciary duty, fraud, trust, false claims act, Medicare secondary payer, and consumer protection laws claims.

Recently, Matt obtained a $20 million judgment in a dispute arising out of the applicability of a purchase agreement's material adverse effect (or material adverse change) clause to the circumstances leading to the failed sale of mining operations. He also was part of a trial team that at the close of plaintiffs' case, obtained on the seventh day of a jury trial a directed verdict on all claims, including fraud, breach of fiduciary duty, and breach of contract.

Matt's representations include: Peabody Energy Corporation, Battelle Memorial Institute, Nationwide Mutual Insurance Company, General Motors, Chrysler, IBM, JP Morgan, Bank of America, Cardinal Health, OhioHealth, Cleveland Clinic, UPMC, National Century Financial Enterprises, Black Diamond Mining, LaSalle Investment Management, First American, CoreLogic, Stride Rite, Macy's, American Apparel, the Weir Group, and others.

When Matt is not litigating cases, he counsels clients through false claims act investigations. He recently shepherded multiple clients through Medicare-related investigations in which the government declined to intervene. Afterward, Matt obtained the dismissal of the relators' claims in each of the qui tam lawsuits that had been filed.

Experience

  • Nine Point Energy secures trial victory clearing path for successful reorganization through sale of its assetsJones Day represents an oil and gas exploration and production company, Nine Point Energy, that is the Debtor in a chapter 11 bankruptcy case, leading to the successful ruling from the bench concluding that at least $150 million of the $157 million in liens asserted by Caliber were invalid, thus, clearing the path for the successful reorganization of Nine Point through a sale of its assets.
  • Peabody Energy completes comprehensive exchange transactionJones Day represented Peabody Energy Corporation (the "Company"), a large private-sector coal company, in connection with a series of recapitalization transactions to, among other things, provide the Company with maturity extensions and covenant relief, while allowing it to maintain sufficient operating liquidity and financial flexibility, including: (i) an offer to exchange any and all of its outstanding $459 million aggregate principal amount of 6.000% Senior Secured Notes due 2022 (the "Existing Notes") for (a) new 10.000% Senior Secured Notes due 2024 to be co-issued by PIC AU Holdings LLC, a Delaware limited liability company and an indirect, wholly-owned subsidiary of Peabody ("AU HoldingsCo"), and PIC AU Holdings Corporation, a Delaware corporation and an indirect, wholly-owned subsidiary of Peabody ("AU HoldingsCorp" and, together with AU HoldingsCo, the "Co-Issuers"), and (b) new 8.500% Senior Secured Notes due 2024 to be issued by Peabody; and (ii) a restructuring of the revolving loans under the Company's existing credit agreement (the "Existing Credit Agreement") by (a) making a pay down of revolving loans thereunder in the aggregate amount of $10 million, (b) the co-issuers incurring $206 million of term loans under a credit agreement, dated as of January 29, 2021, (c) the Company entering into a letter of credit facility, and (d) the Company amending the existing credit agreement.
  • Wells Fargo-led syndicate of lenders successfully negotiate secured $1.1 billion restructuring credit facility for Pennsylvania Real Estate Investment Trust (PREIT)Jones Day represented Wells Fargo Bank, National Association (“Wells Fargo”), as administrative agent, in connection with the Chapter 11 financial reorganization plan of Pennsylvania Real Estate Investment Trust (“PREIT”), a publicly traded real estate investment trust that owns and manages a portfolio of shopping malls totaling over 23 million square feet of retail space.
  • Peabody secures Eighth Circuit victory upholding chapter 11 discharge of global warming claimsThe U.S. Court of Appeals for the Eighth Circuit upheld a bankruptcy court order ordering three California municipalities to dismiss their global warming claims against Jones Day client Peabody Energy Corporation because those claims were discharged by Peabody's successful chapter 11 plan of reorganization.
  • Westmoreland chapter 11 plan confirmedJones Day represented Westmoreland Resource Partners LP (WMLP) and its debtor-subsidiaries (the WMLP Debtors) and the Conflicts Committee in their chapter 11 cases commenced on October 9, 2018, in the Southern District of Texas.
  • Hospital system conducts investigation of circumstances leading to criminal prosecution of employeeJones Day was retained by a multi-state health care system to conduct an investigation and advise the board regarding the practices of hospital staff and leadership regarding a sensitive issue that resulted in a criminal prosecution of an individual who worked at the hospital.
  • Insurance company obtains dismissal in putative class actions asserting Medicare secondary payer claimsJones Day obtained dismissals on behalf of an insurance company in two related putative class actions brought in the Southern District of Ohio alleging liability under the Medicare Secondary Payer provision of the Medicare Act.
  • AKSM sells controlling interest to United Medical SystemsJones Day advised American Kidney Stone Management, Ltd. (AKSM) in its sale of a controlling interest to United Medical Systems (DE), Inc.
  • Peabody Energy exits chapter 11 in less than a yearFacing unprecedented industry conditions in late 2015 and early 2016, Peabody Energy Corporation, the world's largest private-sector coal company, and 153 of its direct and indirect subsidiaries filed voluntary petitions for relief under chapter 11 of the United States Bankruptcy Code in the United States Bankruptcy Court for the Eastern District of Missouri on April 13, 2016.
  • Insurance company obtains dismissal of False Claims Act allegationsAn insurance company represented by Jones Day obtained a dismissal with prejudice of a False Claims Act qui tam action in which the relator alleged that the insurance company failed to reimburse Medicare for health care products and services that insurers were obligated to pay.
  • Academic medical center secures Sixth Circuit victory affirming dismissal of False Claims Act actionJones Day obtained a Sixth Circuit decision affirming the dismissal of a False Claims Act action and several state law claims brought against an academic medical center, a surgeon, and other employees of the hospital.
  • Peabody Energy successful in defense of Patriot Coal's claimJones Day represented Peabody Energy Corporation ("PEC") when Patriot Coal revisited bankruptcy on May 12, 2015, having filed for chapter 11 protection in the Eastern District of Virginia with $2 billion in assets against $2.4 billion in debt (collectively, "Patriot 2").
  • First American Title obtains dismissal in putative class action involving mortgage closing feesJones Day represented First American Title in a putative class action alleging that Texas law proscribes certain fees charged in connection with mortgage closings.
  • AKSM prevails in appeal challenging directed verdict in fraud, breach of fiduciary duty, and breach of contract actionThe Ohio court of appeals affirmed the directed verdict Jones Day obtained on behalf of its clients, American Kidney Stone Management, Ltd. (AKSM), a physician-owned limited liability company, and current and former members of its Board of Managers.
  • Harsco settles claims, prevails in post-bankruptcy litigation with Taylor-WhartonJones Day represented Harsco Corporation as the largest unsecured creditor and major landlord in the chapter 11 cases of pressurized gas tank and valve manufacturer Taylor-Wharton International LLC.
  • GM successfully defeats TRO requests and obtains dismissal of three federal actions filed by non-retained dealersJones Day represented General Motors LLC in defeating TRO requests and obtaining dismissals of three federal actions filed by non-retained dealers.
  • Reversal of jury verdict due to a failure to prove an essential element affirmed on appealAfter a jury entered a plaintiff's verdict against Janette Fraley ("Fraley") in a wrongful death case, Shawn Organ and Matt Corcoran of Jones Day Columbus, entered their appearances and convinced the trial court to enter a judgment Non Obstante Verdicto in favor of Fraley.
  • Macy's defends against litigation claiming violation of Fair and Accurate Credit Transaction ActJones Day represented Macy's, Inc. in the defense of a claimed violation of the Fair and Accurate Credit Transaction Act ("FACTA").
  • Black Diamond Mining files bankruptcyJones Day represented Black Diamond Mining Company and its affiliated debtors, producers of up to 2 million tons per year of steam coal in Eastern Kentucky, in their chapter 11 restructuring.
  • AEP receives $263 million settlement after prevailing on breach of 20-year power contract claimJones Day represented American Electric Power Company, Inc. (AEP) on competing breach of contract claims.