Matt Bush is a senior associate in the Complex Litigation group and the Supreme Court and Appellate group.  He represents clients in cases involving a wide range of subject areas, including intellectual property, employment, class actions, and products liability.

Matt specializes in high-stakes commercial litigation, devising case strategy and handling all stages of the most complex matters from initial filing, to trial, to appeal.   Matt's appellate background gives him the unique perspective to advise not just on the best strategy to win the critical motion or win the trial, but also to ensure the case is properly set up to win the appeal.  He has argued numerous motions and appeals in state and federal courts across the country, including motions to dismiss, motions for summary judgment, Daubert motions, motions in limine, directed verdict motions, and jury instructions.  He has been a part of multiple trial teams in cases that have gone to verdict and second chaired two arguments before the United States Supreme Court.

Matt represents Oracle in Oracle v. Google, the high stakes copyright case known as the "World Series of IP." Google copied thousands of lines of code from Oracle's Java Platform, and used those lines in the Android operating system found in smartphones and other devices.  The Federal Circuit found that Oracle's code was protected by copyright, and that Google's copying was not "fair use" as a matter of law.  Matt has a background in computer programming and has experience writing in languages such as Java, JavaScript, and PHP.

Matt also represented Microsoft in a $230 million employment discrimination class action case.   The Court denied a class certification motion attempting to certify a class of 8,600 female IT employees and engineers who claimed discrimination in pay and promotion. 

Prior to Joining Orrick, Matt served as a law clerk for Judge Chester J. Straub of the United States Court of Appeals for the Second Circuit and Judge Jan. E. DuBois of the United States District Court for the Eastern District of Pennsylvania.

    • Lightfoot v. Cendant Mortgage Corp. (Supreme Court): Achieved a unanimous victory, persuading the Court that Fannie Mae's charter does not automatically confer federal jurisdiction whenever Fannie is a party.  At the cert stage, the Orrick team convinced the Solicitor General's Office to recommend that the Court both grant certiorari and rule in our clients' favor on the merits.
      (Opening Brief | Reply Brief | Opinion)

    • County Los Angeles v. Mendez (Supreme Court): Achieved unanimous victory, persuading the Supreme Court to overturn the Ninth Circuit's controversial "provocation rule" in excessive force cases. 
      (Opening Brief | Reply Brief | Opinion)

    • City of Los Angeles v. Patel (Supreme Court): Defended the constitutionality of an ordinance—aimed at deterring prostitution, drugs, and other crime at cheap motels—requiring hotel operators to keep a guest register and make it available to the police.
      (Opening Brief | Reply Brief)
    • Oracle v. Google (Supreme Court, Fed. Cir., and N.D. Cal.): Represents Oracle in high stakes copyright case involving whether Android impermissibly copies from the Java platform.  Matt was part of both the trial team and the appellate team, which won a second appellate victory when the Federal Circuit held that Google's copying was not fair use as a matter of law. 
      (Opening Brief | Reply Brief | Opinion)
    • Moussouris v. Microsoft (W.D. Wash): Successfully defeated a class certification motion attempting to certify a class of 8,600 female IT employees and engineers who claimed discrimination in pay and promotion and sought over $230 million in damages. 
      (Opposition Brief | Opinion)
    • Johnson & Johnson Talc Litigation.  Matt was part of the trial team in Hayes v. Johnson & Johnson that recently secured a full defense verdict in Johnson & Johnson's favor.  The jury reached its verdict in under 30 minutes.  In that trial, Matt argued the motion for summary judgment, a Daubert motion leading to the exclusion of expert testimony, jury instructions, and the directed verdict motion.
      (MSJ Argument Video | Daubert Argument Video)
    • Prout v. St. Paul's School (D.N.H.): Represented St. Paul's School in a sensitive civil case arising out of the high-profile conviction of a former student for sexual assault.  The team negotiated a confidential settlement.
    • Nitto Denko v. Hutchinson Technology (D. Minn.): Represented Nitto Denko in a patent infringement case involving "flexures" - circuits in hard disk drives.  Matt argued a motion to dismiss for lack of personal jurisdiction.  The team negotiated a confidential settlement.
      (Motion To Dismiss | Reply Brief)
    • Buchwald v. The Renco Group (2d Cir.):  Represented Renco in its appeal of a $200 million judgment for fraudulent conveyance.
      (Opening Brief | Reply Brief)
    • Finerty v. Abex (New York Court of Appeals):  Represented the Chamber of Commerce as amicus in a case concerning the requirements for piercing the corporate veil.
      (Amicus Brief)

    Pro bono matters:

    • Trump v. Hawaii (S.Ct.):  Represented former high-ranking executive branch officials in an amicus brief supporting the challengers to the travel ban which was highlighted by Linda Greenhouse of the New York Times
      (Amicus Brief)
    • Garcia v. City of Santa Clara (9th Cir.): Represented Daniel Garcia on appeal in an excessive force and false arrest § 1983 case.
      (Opening Brief | Reply Brief)
    • People v. Laboy (N.Y. App. Div. 1st Dep't): Represents Alexis Laboy in a criminal appeal from his assault conviction.  Matt argued the case before the First Department.
      (Opening Brief | Reply Brief | Oral Argument Video)