Benedetto_Matthew

Matthew D. Benedetto

Partner

  • Co-Chair, False Claims Act Practice

Matthew Benedetto has more than 15 years' experience representing clients in complex civil, criminal and administrative matters, often involving government investigations and enforcement defense. Mr. Benedetto co-chairs the firm's False Claims Act practice and has extensive experience representing healthcare companies, pharmaceutical companies, and financial institutions in both federal and state False Claims Act actions. He represents a variety of healthcare clients, including hospital systems and skilled nursing facilities, facing a number of issues, including the Anti-Kickback Statute, the Stark Law, quality of care, and alleged improper billing. He also has unique experience litigating California's Insurance Frauds Prevention Act, a qui tam statute in the Insurance Code, including arguing before the California Court of Appeal.

In the wake of the federal government’s response to the COVID-19 pandemic, Mr. Benedetto wrote extensively about the FCA implications for recipients of CARES Act monies. He has also provided FCA compliance and litigation counseling to a range of clients addressing CARES Act issues, including funding through the Paycheck Protection Program. 

Mr. Benedetto is lead trial counsel to Bank of America in a number of non-intervened FCA litigations in state courts around the country involving municipal bonds. He also represents: a healthcare company serving senior citizens in multiple federal FCA investigations; a skilled nursing facility operator in a federal and state FCA investigation; a public hospital system in multiple federal FCA investigations of billing practices; a major financial institution in a series of putative class action lawsuits involving marketing of digital payment services; and an automotive manufacturer in multiple government investigations of marketing practices.

In 2016, the National LGBT Bar Association named Mr. Benedetto to its list of “Best LGBT Attorneys Under the Age of 40.” He was also selected to be a fellow of the American Bar Foundation.

Before obtaining his law degree, Mr. Benedetto taught English at Phillips Academy, Andover, and pursued a PhD in English at The Johns Hopkins University.

False Claims Act Experience

Mr. Benedetto helps clients facing a range of issues under state and federal False Claims Acts. In the financial institutions space, he is lead trial counsel to Bank of America in a suite of non-intervened FCA cases brought in state courts around the country involving a type of municipal bond. In the healthcare space, he assists clients facing a number of challenges, including internal investigations, government investigations, and enforcement defense. His experience spans the healthcare industry, including hospital chains, skilled nursing facility operators, pharmaceutical manufacturers, and medical device manufacturers. He also leads pre-suit negotiations with United States Attorney’s Offices and Main Justice.

Government Enforcement Defense

Mr. Benedetto has represented clients before federal and state regulatory and law enforcement agencies, including the SEC, the California Attorney General’s Office, multiple US Attorneys' Offices and Main Justice. Investigations have concerned allegations of: securities, accounting and other frauds; consumer fraud; financial reporting and disclosure improprieties; export and trade controls; and privacy–related violations.

Internal Investigations

Mr. Benedetto has led and participated in internal investigations concerning: sexual misconduct by an executive; consumer privacy–related improprieties; consumer fraud allegations; financial fraud; and non-compliance with legal and regulatory obligations.

Litigation

Mr. Benedetto has litigated cases in federal and state trial and appellate courts, including the US Supreme Court. He has argued writs and appeals in the California appellate courts. Matters have included: state and federal False Claims Act violations; consumer fraud; breaches of contract, false advertising and other business torts; California’s Unfair Competition Law; the Electronic Funds Transfer Act; and tribal sovereign immunity.

Pro Bono

Mr. Benedetto serves on the firmwide Pro Bono and Public Service Committee. In 2016, he received the firm's Pickering Award for Excellence in Pro Bono Service. In 2021, he joined the Board of Directors of Bet Tzedek, a Los Angeles-based nonprofit organization dedicated to providing free legal services and advocacy on behalf of low-income individuals and families.  

In his pro bono practice, Mr. Benedetto obtained in 2015 a rare federal jury verdict in favor of his client, a California state prisoner, in a First Amendment retaliation case brought against state correctional officers. The verdict was covered by the Daily Journal and the San Francisco Chronicle. He argued an appeal before the Ninth Circuit Court of Appeals on behalf of another California state prisoner in a federal challenge to his conditions of confinement. 

Mr. Benedetto also successfully represented a disabled, gay Army veteran in a federal challenge to the Defense of Marriage Act, obtaining summary judgment in her favor in an action which sought disability compensation for her same-sex spouse. He has also represented multiple veterans before the United States Court of Appeals for Veterans Claims, in connection with claims for service-connected benefits. In the past year, he has taken on multiple representations involving asylum applications. 

Professional Activities

Mr. Benedetto is a member of the Board of Directors of Bet Tzedek, a Los Angeles-based nonprofit organization dedicated to providing free legal services and advocacy on behalf of low-income individuals and families. He was the 2015 Co-President of the LGBT Bar Association of Los Angeles, an affinity group of the Los Angeles County Bar Association. He was also on the Board of Directors of USC Lambda LGBT Alumni Association.

Experience

  • Represent major financial institution as lead trial counsel in a number of False Claim Act litigations involving municipal bonds in state courts around the country.
  • Represent skilled nursing facility operator in federal and state FCA investigation.
  • Represent public hospital system in multiple federal FCA investigations of billing practices.
  • Represent healthcare company serving senior citizens in federal FCA investigations.
  • Represent major financial institution in a number of putative class action lawsuits involving digital payment services.
  • Represents major financial institution in putative class action under California’s so-called “Yelp Bill” involving bank’s online banking agreement; obtained dismissal with prejudice in federal district court.
  • Represent automotive manufacturer in a federal criminal investigation of marketing practices.
  • Represented aerospace manufacturer in federal criminal investigation of export control practices.
  • Represented a California-based financial technology company in multiple government plaintiff lawsuits alleging unfair business practices in connection with tax preparation services.
  • Represented a federally recognized Indian tribe in a California False Claims Act suit brought in California state court concerning the status of its reservation land; obtained dismissal on demurrer.
  • Represented healthcare client in federal criminal and administrative investigations, state investigations and civil litigation relating to healthcare fraud, wire fraud and consumer fraud allegations.
  • Secured dismissal of a series of False Claims Act cases against a major financial institution in federal and state courts.
  • Represented major pharmaceutical company in anti-kickback suit brought under California’s Insurance Frauds Prevention Act by California Insurance Commissioner and whistleblowers; obtained dismissal of whistleblowers on summary judgment.
  • Represented major medical device company in anti-kickback suit brought under California’s Insurance Frauds Prevention Act by whistleblower; prevailed on summary judgment.
  • Represented California-based technology company in a number of government investigations related to consumer privacy and securities disclosures.
  • Represented technology company in sensitive internal investigation regarding sexual misconduct of an executive.
  • Obtained dismissal of federal suit brought against Indian tribe in challenge to tribal lands designation.
  • Represented defense contractor in sensitive internal investigation involving whistleblower allegations by former employee.

Recognition

Insights & News

Credentials

  • Education

    • JD, University of Southern California Law School, 2007

      Order of the Coif; Hale Moot Court Advocacy Champion, 2006
    • MA, English, Johns Hopkins University, 2004

      Doctoral Studies in English
    • BA, English, Dartmouth College, 2000

      summa cum laude High Honors in English, Phi Beta Kappa
  • Admissions

    • California

Credentials

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