Matthew R.Divelbiss (Matt)

Partner

(T) + 1.412.394.7297

Matt Divelbiss litigates complex disputes for clients as both plaintiffs and defendants, representing companies seeking to recover from their insurers and defending clients in litigation and investigations. He has been involved in recovering more than $500 million for policyholder clients seeking coverage under D&O, general liability, employers' liability, and property policies. Matt has defended corporations in disputes over issues ranging from qui tam claims to supply contracts.

Matt has been called upon to assist clients in the United States and in foreign countries that face complex e-discovery issues, including helping clients respond to government subpoenas.

Matt's experience includes matters in state and federal trial and appellate courts, as well as foreign and domestic arbitrations, including arbitrations before the American Arbitration Association and in Bermuda and United Kingdom arbitrations. Representative clients include Motorola Solutions, UPMC, FirstEnergy Corp., Transocean, and EDMC. Matt has represented corporations in sectors including telecommunications, energy, automotive, health care, and education.

Since 2015, Matt has served as an adjunct professor at the University of Pittsburgh School of Law, where he teaches Advanced Trial Evidence, a course that focuses on applying the evidence rules in a courtroom-like setting. In addition, he serves as the Pro Bono Partner for the Pittsburgh office. In that role, Matt joined with the West Virginia Innocence Project to represent a client wrongfully convicted of murder, ultimately obtaining a favorable resolution.

Experience

  • Directors of Erie Indemnity win dismissal of fiduciary-duty lawsuit challenging its collection of over $3 billion in management fees from related entityJones Day won a dismissal on behalf of the directors of Erie Indemnity Company ("Indemnity") in a class action and derivative lawsuit brought by subscribers of Erie Insurance Exchange ("Exchange") alleging breaches of fiduciary duty.
  • High Road Capital acquires Radix WireJones Day represented High Road Capital Partners in connection with the acquisition and related financing of Radix Wire, a manufacturer of high-temperature and fire-resistant wire and cable.
  • Motorola successfully obtains affirmation of judgment in case involving clean room claimsJones Day successfully represented Motorola Solutions, Inc. in insurance coverage litigation in Cook County, Illinois arising from "clean room" cases asserted against Motorola.
  • Directors of Erie Indemnity Company prevail in Third Circuit against class-action and derivative lawsuit claims of improper service charges levied upon policyholdersJones Day successfully represented the directors of Erie Indemnity Company, a large automobile, property, and casualty insurer, in a class action alleging breach of fiduciary duties by allowing the company to collect some $400 million in allegedly improper service charges from policyholders beginning in the late 1990s.
  • FirstEnergy defends coal contract dispute with Tunnel RidgeJones Day defended FirstEnergy Corp. in a now-resolved and dismissed lawsuit brought by Tunnel Ridge, LLC in the Court of Common Pleas for Allegheny County, Pennsylvania against FirstEnergy Corp. and three of its subsidiaries, alleging breach of a coal supply agreement, among other claims.
  • High Road Capital acquires York WallcoveringsJones Day advised High Road Capital Partners in connection with the acquisition and related financing of York Wallcoverings Inc., a manufacturer of wallpaper, borders, murals, and RoomMates peel-and-stick removable and reusable wall decals.
  • National owner of multifamily residential and commercial apartment complexes resolves multiple claims against general contractor and design professionals for severe construction and design defectsJones Day represented a national owner of multifamily residential and commercial apartment complexes in Charlotte, North Carolina, Columbus, Ohio, and Pittsburgh, Pennsylvania, in connection with multiple claims against the general contractor and design professionals for severe construction and design defects.
  • Indigent veteran prevails at trialJones Day Pittsburgh associates successfully represented an indigent veteran who came to the firm through Jones Day's Veterans Law Clinic.
  • Fortune 100 company successfully concludes international insurance coverage arbitration against Bermuda-based insurerJones Day represented a Fortune 100 company in an international arbitration conducted pursuant to the Bermuda Arbitration Act for coverage relating to a nearly $200 million securities class action lawsuit.
  • Cooper Industries resolves liability insurance dispute over contaminated ground waterJones Day represented Cooper Industries and its affiliate Cooper B-Line, involved the allocation of amounts paid in settlement of two wrongful death claims filed against the two Cooper entities, one of which was covered by the relevant policy and the other which was not covered.
  • Mitchell's Bar & Restaurant successfully obtains permanent injunction regulating smoking in a public placeJones Day represented two local restaurants in a suit seeking temporary and permanent injunctive relief against enforcement of an invalid and preempted county ordinance regulating smoking in public place.
  • Vietnam veteran granted asylum in novel immigration caseIn January 2007, as part of a pro bono program Jones Day participates in with the Third Circuit, the firm agreed to represent a Vietnam veteran, a legal permanent resident of the United States who emigrated from Jamaica to the United States in 1972, in his ten year struggle to challenge deportation proceedings instituted against him by the Immigration and Naturalization Service.
  • Speaking Engagements

    • January 26, 2017
      Practical and Ethical Implications of Recent Changes to the Federal Rules of Civil Procedure
    • November 17, 2016
      Class Actions Worldview: Emerging Issues Across the Globe, Association of Corporate Counsel
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