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Matthew R. Barrett Associate
  • D 312.242.3292
  • F 312.267.2184
mbarrett@hmblaw.com
Matthew R. Barrett

Matt is a member of HMB’s Litigation Group. He is a commercial litigator who handles a wide variety of business disputes across many industries, with a focus on post-closing M&A litigation, unfair competition claims, trust and estate controversies and fiduciary claims.

Matt regularly litigates business disputes in courtrooms across the country and frequently represents clients in arbitration proceedings and in mediation. He has successfully litigated contract claims involving vendors, customers and former employees, as well as other business-to-business disputes. He has significant experience prosecuting and defending restrictive covenants including non-competes, non-solicitation clauses and non-disclosure provisions, as well as counseling clients involved in trade secret misappropriation, tortious interference and other unfair competition claims.

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A significant portion of Matt’s practice is dedicated to advising buyers and sellers concerning disputes that arise out of M&A transactions. Matt has significant experience litigating fraud claims and other post-closing disputes concerning representations and warranties or other key terms in the contracts that govern complex commercial transactions.  Outside of the M&A context, Matt’s business litigation practice focuses on fiduciary claims concerning family-owned or closely held businesses, minority shareholder rights, as well as “business divorce” cases.

Matt also regularly advises individuals and institutional trustees in contested trust and estate matters. He has significant experience litigating will contests and representing executors and trustees in breach of fiduciary duty claims and other disputes that arise in the administration of trusts and estates.  Matt also regularly represents lenders and creditors in work-out situations and in defense of lender-liability claims.

Resolving Business Disputes Through Aggressive, Informed Strategies

Matt is an ardent advocate for his clients and takes a well-informed and aggressive approach to resolving complex disputes on the best terms possible while maintaining focus on the big picture. Clients appreciate his strong technical litigation acumen and ability to explain complex litigation issues in a way that is easy to understand.  His preventative counsel enables clients to spot and avoid legal issues that can disrupt their business operations before they arise.

Education

Loyola University of Chicago School of Law, J.D.

Boston College, B.A. in English and History

Admissions

Illinois

U.S. District Court, Northern District of Illinois

Honors

Illinois Super Lawyers – Rising Star, 2019-2022

Professional Memberships

Chicago Bar Association
American Bar Association

News

  • Hal J. Wood and Matthew R. Barrett Secure Victory in Highly Contested Post-Transaction DisputeFebruary 26, 2020

    HMB litigators Hal J. Wood and Matthew R. Barrett secured a complete victory in a recent highly contested post-transaction dispute. The team obtained summary judgment in their clients’ favor on all counts, including an award of 100% of the clients’ attorneys’ fees, resulting in a total judgment of over $9,000,000 in favor of HMB’s clients. HMB’s clients were the sellers…

  • Four Attorneys from the Litigation Group Named to 2020 Illinois Super Lawyers and Rising Stars ListsFebruary 3, 2020

    One attorney from HMB's Litigation Group has been named as a 2020 Illinois Super Lawyer. Additionally, three attorneys were named to the 2020 Illinois Rising Stars list. Super Lawyers is a rating service of outstanding attorneys from over seventy practice areas who have attained a high degree of peer recognition and professional achievement. The following HMB attorney was selected for…

Publications

  • Force Majeure and COVID-19April 27, 2021

    A year ago, during the initial stages of the COVID-19 pandemic, it seemed timely to explore force majeure provisions and legal theories that would permit a party to suspend its contractual obligations under certain circumstances.  At the time, it was unclear how courts would interpret force majeure provisions that did not expressly include a pandemic or epidemic within its list…

  • Non-Performance of Contractual Obligations During the COVID-19 PandemicMarch 23, 2020

    The economic uncertainty caused by the outbreak of the COVID-19 pandemic has impacted businesses and commercial relationships worldwide.  As COVID-19 continues to spread, businesses may experience disruptions that make it difficult or impossible to fulfill their contractual obligations.  Under certain circumstances, those disruptions may justify non-performance.  One such escape hatch is a force majeure clause, which is a provision contained…

Events

blog

  • As SPAC Deal Flow Increases, Expect Litigation to Follow SuitAugust 31, 2021

    With the recent rise in popularity of special purpose acquisition companies (“SPACs”), expect an uptick in SPAC related litigation to follow. SPAC’s are referred to as “blank check” companies because they are shell companies formed by a sponsor group to raise funds in an initial public offering (“IPO”) for the purpose of acquiring a yet-to-be-identified privately held target company. After…

  • Tenancy by the Entirety Not a Defense to a Mortgage Foreclosure Case When Both Spouses Signed Letter of Direction to Trustee of Land TrustNovember 4, 2018

    In  Marquette Bank v. Gesiakowski, et al., 2015 IL App (1st) 142627, the Illinois First District Appellate Court recently ruled in favor of a lender in a mortgage foreclosure case that resolved interesting issues regarding a mortgagee's ability to foreclose on real estate held in a land trust, when the beneficial interest in that land trust is held by spouses as…

  • Illinois Decision Sheds Light on Potential Pitfalls for Intercreditor AgreementsDecember 15, 2017

    Given the increasing prevalence of intercreditor agreements in commercial finance transactions, lenders and counsel should be aware of an important 2017 Illinois appellate court decision, Bowling Green Sports Center v. C.A.G. LLC, in which the court ultimately determined that in certain circumstances a senior lender?s modification of terms with its borrower could jeopardize its priority status relative to junior lenders.

Education
  • Loyola University of Chicago School of Law, J.D.
  • Boston College, B.A. in English and History
Admissions
  • Illinois
  • U.S. District Court, Northern District of Illinois
500 West Madison Suite 3700
Chicago IL 60661

Phone: 312-606-3200 Fax: 312-606-3232
© HMB Legal Counsel 2021. All Rights Reserved.
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