Matthew R. Kipp
Matthew R. Kipp concentrates in complex commercial litigation and governmental investigations, representing clients in federal, state and arbitral tribunals, and in all phases of litigation, at both the trial and appellate levels.

Bio

Mr. Kipp has represented a variety of companies or their audit committees in investigations by the SEC into alleged accounting irregularities and improper business practices, including General Mills, Inc., The Hillshire Brands Company, Molex Incorporated, Navistar International Corporation, Stryker Corporation, OfficeMax Incorporated and ProQuest LLC. Mr. Kipp also has represented a variety of companies in merger-related litigation, including:

  • CF Industries Holdings, Inc. in its successful hostile offer to acquire Terra Industries, Inc. and in its defense of a hostile bid by Agrium, Inc.;
  • Chevron Corporation in its acquisition of Atlas Energy, Inc.;
  • Ecolab Inc. in its acquisition of Nalco Holding Company and in Ecolab’s purchase of the assets of Swisher Hygine Inc.;
  • Exelon Corporation in its acquisition of Constellation Energy Group, Inc.;
  • Kinetic Concepts, Inc. in its acquisition by a consortium advised by Apax Partners;
  • OfficeMax Incorporated in its merger with Office Depot, Inc.;
  • Pactiv Corporation in its acquisition by Rank Group Ltd.;
  • Qwest Communications International Inc. in its merger with CenturyLink, Inc.;
  • Stryker Corporation in its acquisitions of Orthovita, Inc. and MAKO Surgical Corp.;
  • Tecumseh Products Company in its acquisition by an entity owned by affiliates of Mueller Industries, Inc. and Atlas Holdings LLC; and
  • Wm. Wrigley Jr. Company in connection with its acquisition by Mars Inc.

Mr. Kipp also has represented a number of companies in securities, derivative and commercial matters, including Baxter International Inc. in securities and derivative litigation; the Boeing Company in derivative litigation; Citigroup Inc. and several subsidiaries in their payment program for financial consultants; Insys Therapeutics, Inc. in an action arising out of a reverse stock split; Orion Energy Systems, Inc. in securities litigation; Solo Cup Company in a post-acquisition dispute; the former members of the Special Committee of the board of the Tribune Company in litigation arising out of Tribune’s LBO; Tyson Foods, Inc. in its dispute with IPB, Inc. over the enforceability of a merger agreement; and Waste Management, Inc. in securities and derivative litigation. In connection with these and other matters, Mr. Kipp has argued a number of appeals, including:

  • Higginbotham v. Baxter International Inc., 495 F.3d 753 (7th Cir. 2007) (affirming dismissal of a Rule 10b-5 action);
  • Kim v. Citigroup Inc., 856 N.E.2d 639 (Ill. App. Ct. 2006) (upholding Citigroup’s Capital Accumulation Plan under the Illinois Wage Payment and Collection Act); and
  • Eisenstadt v. Centel Corp., 113 F.3d 738 (7th Cir. 1997) (affirming summary judgment in Rule 10b-5 action).

Mr. Kipp has published articles in The Notre Dame Law Review, The Review of Litigation, The DePaul Law Review and The University of Michigan Journal of Law Reform, and is a co-author of West Publishing hornbook Federal Sentencing Guidelines Law and Practice (Second Edition). He repeatedly has been selected for inclusion in Chambers USA: America’s Leading Lawyers for Business and The Best Lawyers in America and was named Best Lawyers’ “2013 Chicago Litigation — Securities Lawyer of the Year.”

Credentials

Education

  • J.D., Columbia University School of Law, 1989 (Harlan Fiske Stone Scholar)
  • B.A., Yale University, 1985 (with honors; recipient of the Charles Heber Dickerman Memorial Prize for best departmental essay in Economics)

Admissions

  • Illinois
  • U.S.D.C. Trial Bar

Experience

  • Clerkship, Hon. Bruce M. Selya, U.S. Court of Appeals for the First Circuit (1990-1991)
  • Clerkship, Hon. Barbara B. Crabb, U.S. District Court for the Western District of Wisconsin (1989-1990)

Matthew R. Kipp