Matthew Lilly joined Finlayson Toffer Roosevelt & Lilly LLP as a partner in 2010. Prior to joining the firm, Mr. Lilly practiced for eight years in the Orange County office of Gibson, Dunn & Crutcher LLP.
Mr. Lilly represents clients in a wide variety of commercial litigation matters. Mr. Lilly’s clients conduct business in an array of industries, including commercial lending, construction/recycling, consulting, insurance, retail sales, and many others. Mr. Lilly has experience representing clients in connection with contract disputes, shareholder disputes, unfair competition law claims, real estate and construction litigation, legal malpractice claims, and several other types of commercial litigation. In these capacities, Mr. Lilly has represented clients in state and federal courts throughout the country, as well as in arbitration proceedings, and has appeared before the SEC.
A representative sample of Mr. Lilly’s experience includes:
- Represented a seller of life insurance in a lawsuit filed by two insureds, based on the insureds’ surrender of the policy at issue. The plaintiffs sought more than $3 million in damages and asserted claims for elder abuse, fraud, Insurance Code violations, violation of California’s unfair competition law, and breach of fiduciary duty. A portion of the plaintiffs’ complaint was dismissed at the pleading stage, and the remaining claims were dismissed after discovery. The plaintiffs recovered nothing.
- Represented a health care company in a lawsuit filed by the inventor of eye care technology underlying a patent that had been licensed to the defendant. The plaintiff-inventor sought up to $15 million in damages. After extensive fact and expert discovery, all of the plaintiff’s claims were dismissed on summary judgment.
- Represented a medical device manufacturer in a construction defect dispute initiated by a general contractor seeking payment of $600,000 in outstanding invoices. The matter proceeded to an arbitration hearing. The arbitrator ruled in favor of the defendant, and ordered the general contractor to return $27,000 that had already been paid by the defendant.
- Represented several steel fabrication/erection companies in a breach of contract case arising out of a public works construction project. The plaintiff sought $300,000 based on allegations that he was owed a commission for bringing the project to the defendants. A portion of the plaintiff’s claims was dismissed on summary judgment, and the plaintiff ultimately accepted $20,000 in exchange for a dismissal of the remaining claims.
- Represented a healthcare waste disinfection system manufacturing company and its CEO in suit filed by shareholders. The plaintiffs sought $200,000 in damages and an award of 1 million shares based on allegations of fraud and breach of various loan agreements. The case was dismissed at the pleading stage following two rounds of demurrers, with the plaintiffs recovering nothing.
- Mr. Lilly regularly represents commercial lenders in lawsuits filed by borrowers alleging wrongful foreclosure and related claims.
- Represented an individual lender in a case filed against a defendant law firm/escrow holder, alleging that the defendant wrongfully disbursed loan proceeds to its client without the lender’s prior authorization. The case resulted in a $145,000 judgment in favor of Mr. Lilly’s client.
- Represented a construction cleanup/recycling company in a “bet the company” case that was filed by a subcontractor alleging breach of contract for nonpayment of invoices. After several months of litigation, including counterclaims asserted by Mr. Lilly’s client, the case was settled for pennies on the dollar.
- Represented the CEO and CFO of a homebuilding company in a securities fraud class action filed on behalf of a putative class of shareholders in federal court. The court granted a motion to dismiss filed by the defendants, and dismissed the plaintiffs’ claims with leave to amend. The plaintiffs chose not to file an amended complaint, and the case was dismissed with prejudice.
- Represented former co-owner of a beauty salon in two separate lawsuits filed by the other co-owners – one state court action and one arbitration. Judgment was entered in favor of Mr. Lilly’s client, including awards of attorneys’ fees, in both actions.
- Represented a manufacturer of recreational vehicles that filed an action seeking to prevent the defendant from using certain trademarks that were the subject of a license agreement. The case proceeded to trial. The parties ultimately settled the dispute after trial, on terms favorable to the manufacturer, while the matter was still under submission by the court.
Mr. Lilly received his law degree in 2001 from UCLA School of Law. At UCLA School of Law, he was the Chief Comments Editor of the UCLA Law Review and was elected to the Order of the Coif, which is awarded to the top 10% of the graduating class. While earning his law degree, Mr. Lilly was a recipient of the Italian American Lawyers Association Scholarship, Gail McKinney-Wheat Scholarship, and Curtis B. Danning Scholarship
Mr. Lilly earned a bachelor of arts degree in Political Science from the University of California, Irvine in 1995.
Memberships & Affiliations
Mr. Lilly is admitted to practice before all state and federal courts in the State of California, and the United States Supreme Court.
Mr. Lilly is a member of the Board of Directors, and past Chairman of the Board, of The Raise Foundation. Mr. Lilly has sat on the Board since 2008. Serving Orange County families since 1974, The Raise Foundation is a nonprofit organization dedicated to preventing child abuse.
Mr. Lilly is a former participant in the Orange County District Attorney’s Trial Attorney Partnership program. Mr. Lilly single-chaired misdemeanor jury trials as part of the program (all of which resulted in guilty verdicts), and felony preliminary hearings (all of which resulted in the defendant being held over for trial).