Matthew M Ferguson

Matthew M Ferguson

Partner New York, United States

T: +1 646 625 4017

F: +1 212 832 4920

E: Matthew.Ferguson@kennedyslaw.com

Profile

Admissions

  • Florida
  • New York

Education

  • Tulane University School of Law, JD, 2004
  • University of Wisconsin-Madison, BA, 1998

A partner in our New York office, Matthew specializes in domestic and international insurance matters, where he primarily focuses on directors and officers (D&O) liability, professional liability and financial institutions liability.

Matthew has a track record of success evaluating and handling complex coverage issues for large and prominent multinational US and non-US insurers. These cases blanketed a range of business sectors from finance, energy, manufacturing, mining and pharmaceutical to healthcare, technology, telecommunications, internet and media.
Matthew has successfully defended D&O claims involving violations of the federal and state securities laws and breaches of fiduciary duty, including stock manipulation, misstatements in public and private offerings, management disputes in closely held companies, and allegations surrounding mergers, acquisitions and other transactions. Matthew has represented insurers of financial institutions in a variety of professional liability and fidelity matters involving multinational, domestic, regional and community banks, private equity firms and related portfolio companies, investment banks, mutual funds, asset managers and hedge funds, broker-dealers and a variety of other financial institutions and their professionals.

Earlier in his career, Matthew worked with the National Association of Securities Dealers (NASD) for the Department of Enforcement. He did an internship in the New York Stock Exchange’s Division of Enforcement, and once worked for a private investment bank in New York.

Presentations and publications

Presentations

  • “ESG in Europe and the US,” In-House Client Training (September 2022)
  • “Current Claims Trends and Key Coverage Issues Arising in the UK and the US,” In-House Client Training (May 2022)
  • “An Overview of the Rise of US Derivative Actions,” In-House Client Training (April 2022)
  • “US Professional Indemnity, Financial Institutions, D&O, and E&O Trends,” In-House Client Training (March 2022)
  • “Key Trends in Directors Officers Insurance Claims,” In-House Client Training (March 2022)
  • “Reservation of rights and notice of circumstance,” In-House Client Training (May 2021)
  • “The SPAC boom - litigation risks & regulatory considerations and other hot topics,” presented for AIG Financial Lines University (May 2021)
  • “Introduction to the US Legal System,” In-House Client Training (March 2021)
  • “Litigios de Demanda Colectiva en EEUU Bajo las Leyes de Valores (Securities Law),” In-House Client Training (March 2021)
  • “Securities Class Actions in North America,” In-House Client Training (November 2020)
  • “US Securities Class Actions an Overview,” In-House Client Training (October 2020, January 2021)
  • “Global Financial Lines Update,” In-House Client Training (October 2020)
  • “Spanish exposure to US securities law,” In-House Client Training (July 2020)
  • “Scandinavian exposure to US securities laws: recent developments and ADRs treatment,” In-House Client Training (June 2020)
  • “Investigation Practices and Protocols: DOJ and SEC,” In-House Client Training (June 2020)
  • “Florida Bad Faith Law: The Insurer’s Duty of Good Faith to Settle Claims Against the Insured,” In-House Client Training (June 2020)
  • “US Securities Class Actions an Overview,” In-House Client Training (May 2020)
  • “Securities Class Actions and Foreign Issuers,” In-House Client Training (April 2020)
  • “Offshore Financial Centres: Evolving Risks for FI & PI Insurers,” presented at FIPI OFC Seminar (March 2019)
  • “Financial Institutions Seminar,” In-House Client Training, London (March 2019)
  • “US Jurisdiction Over Foreign Insureds,” In-House Client Training in London (May 2018)
  • “CFPB Issues New Arbitration Rule – Are the Flood Gates Opening for Consumer Class Actions Against Financial Institutions?” published in Mondaq Business Briefing (July 17, 2017)
  • “Rising Tide of US Securities Claims Against Brazilian Companies: Practical Guidance From a D&O Perspective” (2016)
  • “Hot Topics: D&O and FI Coverage Trends,” In-House Client Training (June 2016)
  • Co-presenter, “California Fair Claims Settlement Practices Regulations,” presented in-house to clients (April 2015)
  • Co-presenter, “Deciphering the U.S. Securities Laws: Key Issues and Concepts for Insurers,” in-house webinar for clients (July 2014)
  • Co-presenter, “FDIC Failed Bank Litigation and Its Insurance-Related Implications,” presented in-house to clients (December 2013)

Publications

  • Co-author, “Greenwashing, climate change disclosures, and financial lines risks,” published for Kennedys (May 2022)
  • Co-author, “SEC issues proposed regulations on climate-related disclosures and D&O implications,” published for Kennedys (March 2022)
  • Co-author, “Cryptocurrency, cybersecurity, and corporate fraud securities class actions filed against China-based issuers at an alarming rate,” published for Kennedys (December 2021)
  • Co-author, “Cannabis and SPACs: the potential convergence of growing industries and opportunities for D&O underwriters to assess risk,” published for Kennedys (October 2021)
  • Co-author, “Cryptocurrency on corporate balance sheets: D&O and E&O underwriting and claims considerations,” published for Kennedys (May 2021)
  • Co-author, “D&O Insurers win declaratory judgment via insured capacity exclusion,” published for Kennedys (February 2021)
  • Co-author, "EPL Claims: Changing Norms and New Legislation in the #MeToo Era," published for Kennedys (August 2018)
  • Author, “CFPB Issues New Arbitration Rule – Are the Flood Gates Opening for Consumer Class Actions Against Financial Institutions?” published in Mondaq Business Briefing (July 17, 2017)
  • Author, “Growth of Global Litigation Funding Market to Drive Increase in D&O Claims” published in Insurance Day (June 21, 2017)
  • Author, “Litigation Funding and Its Implications for US and UK Insurers,” published in Mondaq Business Briefing (May 23, 2017)
  • Author, “False Claims Act Litigation and Implications for D&O and Professional Liability Insurers” published in Mondaq Business Briefing (May 5, 2017)
  • Author, “Policy Termination and Nonrenewal,” Chapter 9 in the Directors & Officers Liability Insurance Deskbook, Fourth Edition published by the American Bar Association, Tort Trial & Insurance Practice Section (2016)
  • Author, “Policy Limits and Retentions,” Chapter 6 in the Directors & Officers Liability Insurance Deskbook, Fourth Edition published by the American Bar Association, Tort Trial & Insurance Practice Section (2016)
  • Author, “D&O Insurers Take Note: U.S. Supreme Court Modifies the ‘Basic’ Game,” published in Insurance Law Blog (June 23, 2014)
  • Author, “New York to D&O Insureds: ‘You Can’t Relate!’ Without Sufficient Factual Overlap,” published in Insurance Law Blog (June 6, 2014)

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