Matthew L. Larrabee, Chairman of Heller Ehrman, joined the firm in 1980 and has a litigation practice emphasizing complex commercial disputes. Mr. Larrabee served as Firmwide Practice Chair in charge of the firm's litigation practice from 1999-2005, as San Francisco Managing Partner from 1997-1999 and as Co-Chair of the San Francisco Litigation Department from 1995-1997. He is a member of the Antitrust & Trade Regulation Practice Group.

Experience

Mr. Larrabee has a national trial and appellate practice. He has served as lead counsel for a variety of industry leaders from the financial services, software, pharmaceutical and health care industries in unusually large and complex disputes. His practice has included private antitrust litigation, consumer class actions, False Claims Act disputes and other commercial litigation.

Mr. Larrabee has substantial lead counsel trial experience in disputes involving unusually complex evidence and substantial experience with alternative dispute resolution techniques, including the creative use of third party neutrals and other alternatives to traditional trial proceedings.

Representative Engagements

• In re Microsoft Antitrust Litigation: Served as co-lead counsel for the world's leading software company in private antitrust litigation brought by one of its largest competitors, following the judgment in U.S. v. Microsoft. The claims at issue, involving many of the company's leading software products, sought over $1 billion in alleged damages.
• Pharmaceutical pricing litigation: Represented one of the world’s largest drug manufacturers, in a series of class actions filed against the industry relating to the pricing of prescription drugs covered by Medicare and Medicaid. The claims at issue, brought on behalf of patients, government and private payors, included a variety of antitrust, RICO and consumer protection claims brought under federal and state laws in both state and federal courts.
• Consumer class actions: Mr. Larrabee has successfully defended many of the largest consumer class actions ever filed in California, touching on a wide range of issues and industries. Among these cases he has multiple trial victories, some involving issues of first impression, involving claims ranging from trustee fee overcharges by institutional trustees to construction defect claims asserted by homeowners. These cases have also resulted in several reported trial and appellate decisions favorable to the firm’s clients.
• Bank of America false claims act litigation: Served as lead trial counsel for the bank in one of the largest civil litigations ever filed in California courts. The California Attorney General and over 300 political subdivisions sought over $5 billion in damages under California’s False Claims Act, and its Unfair Competition Statute, arising from alleged corporate trust department operational errors. Mr. Larrabee headed a defense team that included over 200 accountants, 50 bank employees and attorneys from two law firms. Following a successful first phase trial result, and an innovative mediation involving independent analysis of the evidence by neutral experts, the case was successfully settled.
• Delta Dental: Served as lead counsel in multiple private antitrust lawsuits and administrative proceedings against the California Department of Corporations. Successfully represented Delta Dental in administrative trial proceedings and argued four separate appeals that have resulted in reported decisions by state and federal appellate courts on diverse legal topics, ranging from antitrust claims, to ERISA preemption, to membership rights in nonprofit associations.
• Guaranteed Student Loan Litigation: Defended one of the country’s largest banks against claims exceeding $600 million, brought by 14 of the world’s largest financial institutions, arising from a federal guaranteed student loan servicing failure. The bank’s defense required comprehensive negotiations with federal student loan regulators, discovery across several continents, representation of the bank in Department of Justice and GAO investigations, representation of bank officials in congressional hearings, and prosecution of cross-claims against the bank’s auditors. The bank also recovered what was then the largest settlement payment ever by a major accounting firm.
• Seattle First National Bank: Represented Seattle First National Bank in litigation against its former officers and directors arising out of the failure of Penn Square Bank in Oklahoma. The representation resulted in a stipulated judgment for $110 million against the former officers and directors and a successful trial against the officers' and directors' insurance carrier from whom substantial damages were ultimately recovered.