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Biography

Andrew Matheson is a partner in our Litigation Group in Toronto. He specializes in securities litigation, white collar and regulatory defence and cross-border matters.

Mr. Matheson has diverse advocacy experience in sensitive and complex litigation. He has represented clients at all levels of the Ontario court and before various administrative and disciplinary tribunals in the province. In addition, he practised litigation in New York City with Allen & Overy for four years. He started his career working with Edward L. Greenspan, QC, defending criminal prosecutions. Now his practice encompasses internal investigations, criminal and quasi-criminal defence, and securities-related matters, including enforcement, contested transactions and class actions. He was a member of the McCarthy Tétrault team that successfully defended the former CEO of Nortel on criminal fraud charges.

Mr. Matheson is ranked in the current edition of Chambers Canada as a leading lawyer in white-collar crime and government investigations. He is also listed in the current edition of the Canadian Legal Lexpert Directory as a leading lawyer in the area of securities litigation. Lexpert magazine recognized Mr. Matheson as one of "Canada's 40 Leading Lawyers under 40" in November 2008.

Mr. Matheson is active in pro bono work having acted for Guantanamo Bay detainees in habeas corpus litigation and assisted needy clients in criminal, immigration, commercial and other matters. He is an adjunct professor at University of Toronto Law School, where he co-teaches Shareholder Activism and advises the Corporate Securities Moot team. He is a co-editor of CCH’s Annotated Ontario Securities Legislation.

Upon his graduation from the University of Victoria Law School in 1995, he was awarded the McIntyre Prize for academic excellence, leadership and community involvement. He completed his LLM at Columbia University in 2003, graduating as a Stone Scholar.

REPRESENTATIVE CASES

  • obtain judgement in Ontario against a hacker for Tesla Motors
  • exonerate the target of an OSC insider trading investigation
  • obtain a stay of criminal price-fixing charges brought against a corporate defendant
  • successful investigation and asset recovery in relation to an employee fraud committed against a public company client
  • dismissal of Provincial Offences Act charges against a drilling company arising from a fatality at a mine
  • obtaining emergency injunctions to remove trespassers from resource sector client assets
  • assisting a multinational company’s compliance with a deferred prosecution agreement
  • defending the former CEO of Nortel, acquitted of criminal fraud charges
  • successful representation of financial institution accused of breaching privacy in the course of anti-money laundering investigation
  • securing withdrawal of quasi-criminal charge in relation to alleged property standards violation
  • representing GrowthWorks before the OSC in relation to a contested proxy contest
  • acting for a major financial institution in connection with an investigation into the failure of the third-party asset-backed commercial paper market
  • representing Mason Capital at the OSC hearing concerning Magna International Inc.'s buyout of Frank Stronach's multiple voting shares
  • bringing an application before the OSC on behalf of a minority shareholder challenging related party transactions by MI Developments Inc.
  • successfully obtaining a motion to dismiss claims against U. S. Steel in a $1.8-billion action brought by ArcerlorMittal Dofasco
  • representing Inukshuk Wireless Partnership in dismissal of claims brought by UBS Wireless Services Inc.
  • successfully defending a financial institution criminally charged with failure to respond to production orders

RECENT PUBLICATIONS

  • "OSC Proposes Higher Financial Awards for Whistleblowers", co-written with Cristian Blidariu, Shane C. D'Souza, Rene Sorell and Sonia Struthers, McCarthy Tétrault’s Canadian Securities Regulatory Monitor Blog, November 2015
  • "What Happens When OSC Staff Can’t Prove Its Allegations? Lessons from the Baffinland Insider Trading Saga", co-written with Shane C. D'Souza, Rene Sorell and Shea Smal, McCarthy Tétrault’s Canadian Securities Regulatory Monitor Blog, September 2015
  • "Responding to a Money-laundering Investigation", co-written with Justin Nasseri, Financier Worldwide, February, 2014
  • "Hot Topics in Cross-Border Securities Litigation," Lexpert, November 2009
  • "The Globalization of Securities Class Actions," prepared for a panel presentation at the American Bar Association Litigation Section’s 2009 Annual Conference in Atlanta, Georgia on April 30, 2009
  • "Recent OSC Settlements Highlight Increasing Enforcement Risk for Public Company Insiders," client e-Alert published by The Business Law and Litigation Groups, February 13, 2009
  • "Market MACs," McCarthy Tétrault Co-Counsel: Litigation, Volume 2, Issue 3, November 2008 – February 2009
  • "The Right to Be Wrong ... Why Should Anyone Be Wrong," McCarthy Tétrault Co-Counsel - Business Law Quarterly, Volume 3, Issue 2, June 18, 2008
  • "The Cost of Compliance: Production Orders and Who Should Pay," Toronto Lawyers’ Association, Vol. 3, No. 1, January 2008
  • "New in Class Actions: The Kerr v. Danier Leather Decision," Canadian Corporate Counsel Association Magazine, 2008
  • "My Mistake, Your Mistake or Common Mistake," McCarthy Tétrault Co-Counsel: Litigation, Volume 1, Issue 2, July-October 2007
  • "A Brief on Guantanamo Bay … by a Canadian," Ontario Bar Association’s Briefly Speaking, August/September 2007
  • "Why Foreseeable Harm Should Be an Aspect of the Mens Rea of Honest Services Fraud," American Journal of Trial Advocacy, Volume 28:20, Fall 2004
  • "Available in America: Punitive Damages in Arbitration," International Arbitration Law Review, Vol. 7, Issue 4, August 2004 (with Pamela Rogers Chepiga)
  • "Rybicki Revives Old Questions About Honest Services Fraud," New York Law Journal, July 19, 2004 (with Michael F. Feldberg)
  • "Discipline and Parole," Queen’s Quarterly, Vol. 105, Issue 1, March 1998, with Edward L. Greenspan, QC and Ronald Davis

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McCarthy Tétrault delivers integrated business law, tax, real property, labour and employment, and litigation services nationally and globally through offices in Vancouver, Calgary, Toronto, Montréal, Québec City and London, UK.
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