Matt Kussmaul is counsel in the Litigation Department and an experienced litigator. His practice involves advising clients on all aspects of Delaware General Corporate Law and the governance of Delaware business entities. He also regularly litigates issues related to stockholder and corporate governance disputes, advancement and indemnification, inspection of corporate records, breach of fiduciary duty claims, and other corporate and commercial litigation matters. While his practice is primarily focused in the Chancery Court, Matt also represents clients in other state and federal courts.
In his white collar practice, Matt has helped represent a wide variety of clients in investigations by the U.S. Securities Exchange Commission, the Office of the United States Attorney, the Drug Enforcement Administration, the Office of the Comptroller of the Currency, the National Science Foundation, and various state agencies.
Before joining Ballard Spahr, Matt was the Consulting Attorney for the Code Improvement Project of the Delaware General Assembly’s Criminal Justice Improvement Committee. In that role, Matt was the primary drafter of a newly-proposed set of criminal laws for the state, working closely with distinguished members of the judiciary.
Representative Experience
Representative Matters
Civil Litigation
- Represented ousted blockchain startup founder in governance dispute against former company and successfully litigated founder’s entitlement to advancement of legal fees for related federal investigation
- Represented stockholders in Chancery Court litigation to remove and install directors by written consent
- Successfully defended company’s founder-seller against contract and fraud claims by acquirer
Professional Highlights
Recognition & Accomplishments
Recipient of Ballard Spahr 2023 Pro Bono Award for representing and securing favorable settlement for transgender prison inmate denied gender-affirming care
Recipient of Ballard Spahr 2017 Pro Bono Award for co-authoring a guidebook for the Lawyers’ Committee for Civil Rights Under Law to advise protestors and local governments on timely First Amendment issues
Chambers USA, "Associate to Watch," Litigation: White-Collar Crime & Government Investigations (Delaware), 2025; "Up and Coming," Litigation: White-Collar Crime & Government Investigations (Delaware), 2026
The Best Lawyers in America, "Ones to Watch," - Criminal Defense: White-Collar (Philadelphia), 2024-2027
Publications
Co-author, “How Criminal Code Drafting Form Can Restrain Prosecutorial and Legislative Excesses: Consolidated Offense Drafting," Harvard Journal on Legislation, 2021
Co-author, “After Charlottesville, How Committed Do We Remain to Free Speech for All?” Communications Lawyer, Fall 2017
Co-author, “The American Criminal Code: General Defenses,” The Journal of Legal Analysis, September 2014
Related Insights
Credentials
Education
University of Pennsylvania Law School (J.D. 2015, magna cum laude)
Order of the Coif
Senior Editor, University of Pennsylvania Law Review
Wharton School of the University of Pennsylvania (Certificate in Management, 2014)
DePaul University School of Music (B.M., percussion performance, 2010, summa cum laude)
Admissions
Pennsylvania
U.S. District Court for the Eastern District of Pennsylvania
U.S. District Court for the Western District of Pennsylvania