MatthewRubenstein (Matt)

Partner

Minneapolis + 1.612.217.8846

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Matt Rubenstein focuses on appellate advocacy, motions practice, and strategic advice throughout all stages of federal and state litigation. Matt has argued before the Seventh and Eighth Circuits and has drafted numerous briefs in the U.S. Supreme Court, federal courts of appeals, federal district and bankruptcy courts, and state trial, intermediate, and high courts. Matt has experience across a range of substantive areas including patent law, securities litigation, and employment law. He currently serves on the Council of the Minnesota State Bar Association's Appellate Practice Section.

Matt maintains an active pro bono practice for which he has been recognized by the Minnesota State Bar Association as a North Star Lawyer every year since 2020. He has represented clients in cases raising issues of habeas, immigration, and veterans law.

Matt served as a law clerk to Justice Ruth Bader Ginsburg of the U.S. Supreme Court, Judge David S. Tatel of the U.S. Court of Appeals for the D.C. Circuit, and Judge James S. Gwin of the U.S. District Court for the Northern District of Ohio. During law school, Matt participated in the Veterans Legal Services Clinic and served as a Coker Fellow, providing mentorship and writing support to 1L students.

Experience

  • Glacier Northwest wins Supreme Court decision holding that NLRA does not protect intentional property destructionOn behalf of Glacier Northwest, Inc., Jones Day persuaded the U.S. Supreme Court that the National Labor Relations Act ("NLRA") does not impliedly preempt a state tort claim against a union for intentionally destroying an employer's property in the course of labor strike.
  • Pro Bono immigration client secures Supreme Court remand of case to Eighth CircuitIn partnership with clinics at the University of Minnesota Law School, Jones Day secured Supreme Court vacatur of an adverse Eighth Circuit judgment on behalf of an immigrant seeking cancellation of removal.
  • Governor's campaign manager persuades Supreme Court to overturn fraud convictionThe Supreme Court ruled unanimously in favor of Jones Day's client, Joseph Percoco, a former top aide and campaign manager for New York Governor Andrew Cuomo, in a challenge to his conviction for honest-services fraud arising from conduct when he was a private citizen serving as campaign manager.
  • Business groups file amici curiae brief in support of Georgia General Assembly's power to cap punitive damagesOn behalf of the U.S. Chamber of Commerce, the Georgia Chamber of Commerce, and the American Tort Reform Association, Jones Day filed an amici curiae brief in the Georgia Supreme Court arguing that the Georgia Constitution's jury-trial right does not prohibit a legislative cap on punitive damages.
  • Qualcomm wins Federal Circuit appeal on statutory interpretation that "applicant admitted prior art" cannot form the basis of an IPROn behalf of Qualcomm Incorporated, Jones Day won a Federal Circuit appeal on a novel issue of statutory interpretation of the America Invents Act (AIA).
  • U.S. Bank defends patent infringement claims involving gift cards sold in shopping mallsJones Day is defending U.S. Bank National Association in two related patent infringement disputes initially brought by AlexSam, Inc. related to prepaid gift cards sold in Simon shopping malls.
  • Sloan Kettering and Juno Therapeutics win over $1.1 billion after jury verdict and post-trial motions in patent dispute with Kite Pharma/Gilead involving CAR-T therapyOn behalf of patentee Sloan Kettering Institute and exclusive licensee Juno Therapeutics (a subsidiary of Celgene Corporation, a Bristol Myers Squibb company), Jones Day and co-counsel prevailed in a jury trial that spanned eight days and involved 22 witnesses, wherein the jury awarded our clients $752 million in compensation for the infringement of their patents by Kite Pharma, Inc. (a Gilead Sciences, Inc. company) through the making and selling of its infringing CAR-T therapy, YESCARTA®.
  • Oi Brasil obtains approval of recovery planJones Day represented the trustee of Oi Brasil Holdings Coöperatief, a subsidiary of the Brazilian telecom giant Oi S.a., who filed for bankruptcy protection in 2016.
  • Legal scholars file amicus brief in Second Circuit in support of sexual assault victim at military academyJones Day filed an amicus brief on behalf of a group of legal scholars to assist the Second Circuit as it considered whether a cadet at the United States Military Academy at West Point could bring claims under the Federal Torts Claims Act for the rape and sexual harassment she endured.
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