Matthew G. Kussmaul

Matt Kussmaul is a litigator whose practice focuses on white collar criminal defense and complex civil litigation. In his white collar practice, Matt has helped represent a wide variety of clients in investigations by the U.S. Securities Exchange Commission (“SEC”), the Office of the United States Attorney (“USAO”), the Drug Enforcement Administration (“DEA”), the Office of the Comptroller of the Currency, the National Science Foundation, and various state agencies. Matt has also made successful presentations before the SEC. In his civil practice, Matt has been involved in every aspect of litigation, including drafting pleadings and dispositive motions, preparing witnesses for deposition, examining witnesses in court, assisting in defending depositions, and navigating complex discovery and privilege issues.

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 Professor Paul H. Robinson of the University of Pennsylvania law school, as well as distinguished members of the judiciary and the Office of Defense Services.

Representative Matters

White Collar Defense

• Secured no-action letter from SEC following a presentation on behalf of a medical supply company alleged to have violated the Foreign Corrupt Practices Act
• Represented a virtual currency issuer in SEC investigation involving alleged fraud and sale of unregistered securities
• Represented chemical manufacturer in DEA investigation into diversion of its products to make illicit drugs overseas, in potential violation of the Controlled Substances Act
• Represented the developer of a breakthrough environmental cleanup product in an SEC investigation involving allegedly deficient public disclosures
• Represented a pharmaceutical company in a USAO investigation into an alleged kickback scheme violating the False Claims Act

Internal Investigations

• Assisted investigation in eastern Europe into potential Foreign Corrupt Practices Act violations by medical supply company
• Investigated corporate espionage and identity theft perpetrated against client pharmaceutical company
• Assisted investigation into alleged fraud by an executive-level employee of an investment marketing firm
• Assisted investigation into potential state procurement violations at a major audit and consulting firm
• Assisted investigation into alleged employee misconduct at a defense contracting company

Civil Litigation

• Authored successful motions to dismiss $90 million counterclaims raised by one of the world’s largest pharmaceutical companies against plaintiff client in contract dispute
• Authored successful summary judgment motion for student loan servicer against the State of Connecticut on federal preemption grounds
• Secured dismissal of core claims against national bank by appointed receiver for entities used by debt relief Ponzi schemer
• Assisted in representing a plaintiff pharmaceutical company in an arbitration with one of the world’s largest pharmaceutical companies in a contract dispute worth over $100 million
• Represented a major medical device company to help successfully negotiate settlement of a highly contentious, $80 million contract dispute
• Assisted in the successful defense of an industrial cyber security company executive against claims for misappropriation of trade secrets

Pro Bono Experience

Matt contributed to a guidebook for the Lawyers’ Committee for Civil Rights Under Law to advise protestors and local governments on permitted and unconstitutional restraints on speech, in response to violence that occurred during protests in Charlottesville, Virginia in 2017. After joining Ballard Spahr, Matt also continued providing critical assistance to the Code Improvement Project of the Delaware General Assembly’s Criminal Justice Improvement Committee. Matt is also a child advocate, representing children in dependency proceedings in Philadelphia.

Publications

Co-author, “How Criminal Code Drafting Form Can Restrain Prosecutorial and Legislative Excesses: Consolidated Offense Drafting," Harvard Journal on Legislation, Forthcoming in 2021

Co-author, “SEC Signals New Phase of Regulation FD Enforcement,” Ballard Spahr alert, August 20, 2019

Co-author, “Virtual Currencies May Be Commodities, Federal Judge Rules,” Ballard Spahr alert, September 28, 2018

Co-author, “Virtual Currency Is a Commodity Regulated by the CFTC, Eastern District of New York Rules,” Ballard Spahr alert, March 8, 2018 

Co-author, “SEC and CFTC Issue Joint Statement on Virtual Currency Enforcement Actions,” Ballard Spahr alert, January 19, 2018

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

Criminal Code Development

Delaware. Drafted the text and comprehensive commentary for the state’s newly proposed criminal code, which will be introduced in the General Assembly in Spring 2018

Somalia. Consulted for the International Development Law Organization, revising a newly developed criminal code and contributing to commentaries explaining how the proposed code relates to current Somali law, international law, and Sharia law

Recognition & Accomplishments

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

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)

Pennsylvania

U.S. District Court, Eastern District of Pennsylvania