Matthew W. Powell - Business Litigation Attorney: Wilke Fleury, LLP

Professionals

Matthew W. Powell Partner

(916) 441-2430

(916) 441-2430

mpowell@wilkefleury.com

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General Information

About Matthew W. Powell
Matt Powell is a litigation partner practicing in both state and federal court and in administrative proceedings before State and Federal Regulatory Agencies. Defined broadly, Matt's expertise is in complex business litigation. The cases he has litigated range from real estate transactions to construction disputes. However, Matt specializes in defending professional liability actions against accountants and accounting firms. For over 30 years, Matt has represented accountants and accounting firms in actions arising from audit services, tax services, advisory services and litigation support services. He litigates cases ranging from securities fraud class actions to common law negligence and fraud actions to unfair competition actions. In addition, Matt represents accountants and accounting firms in administrative proceedings before the Securities and Exchange Commission ("SEC"), Public Company Accounting Oversight Board ("PCAOB"), the New York Office of Professional Discipline, and the California Board of Accountancy. Matt has also developed expertise in representing banks in proceedings before the Federal Deposit Insurance Corporation ranging from negotiating compliance plans to litigating in the United States District Court and the Ninth Circuit. Matt was recently lead counsel in an action in challenging the constitutionality of the Bank Secrecy Act. Finally, Matt has expertise representing individuals, private companies and nonprofit corporations in disputes with California Regulatory Agencies. Matt also represents individuals, private companies and nonprofit corporations in proceedings before federal agencies including the Department of Labor, Centers for Medicare and Medicaid Services and United States Department of Justice.

Matthew W. Powell
Representative Matters
- Husain v. California Pacific Bank, 61 Cal. App. 5th 717 (2021) | Affirming that California Pacific Bank acquired a prescriptive easement over the adjoining property.
- California Pacific Bank v. FDIC, 885 F. 3rd 560 (9th Cir. 2018) | Appeal challenging the Constitutionality of the Bank Secrecy Act. https://www.youtube.com/watch?v=t_NyQnIJTsE
- McBride v. California Board of Accountancy, 130 Cal.App.4th 518 (2005) | Award of prehearing costs to Board of Accountancy does not violate due process.
- Grafton Partners L.P., et al. v. The Superior Court of Alameda County (PricewaterhouseCoopers LLP), 36 Cal.4th 944 (2005) | No waiver of the right to a jury trial by contract.
- Eckert Cold Storage Inc. v. Behl, 943 F.Supp. 1230 (E.D. Cal. 1996) | Limitation on accountants liability for negligent tax advice.
- Bily v. Arthur Young & Co,. 3 Cal.4th 370 (1992) | An auditor owes no duty of care to persons other than the auditor's client.
- Aizuss v. Commonwealth Equity Trust, 847 F. Supp. 1482 (E.D. Cal. 1993) | Securities fraud class action dismissed at pleading stage
- Securities and Exchange Commission v. Stephen Gardner, Southern District of California | Securities fraud enforcement action against an individual.
- Ross v. Grant Thornton LLP, Santa Clara County Superior Court | Professional malpractice action based on tax advice.
- Tenet Healthcare Corp. Securities Litigation, Central District of California | Securities fraud class action against KPMG LLP and others.
- Peregrine Systems Inc. Securities Litigation, Southern District of California | Securities fraud class action against KPMG LLP, BearingPoint Inc. and others.
- Hawaiian Grocery Stores, LTD, District Court of Hawaii | Bankruptcy Trustee’s action against KPMG LLP for professional malpractice.
- California Board of Accountancy v. KPMG LLP, etc. Office of Administrative Hearings | Disciplinary action based on the audit of Orange County’s financial statements.
- Battley v. KPMG Peat Marwick, District Court of Alaska | Action for professional malpractice by the Bankruptcy Trustee for Martech USA Inc.
- Department of Labor v. California Pacific Bank, Northern District of California | ERISA Enforcement Action against an ESOP.
- In the matter of California Pacific Bank, Office of Financial Institution Adjudication | Action to enforce the Bank Secrecy Act.
Licenses and Admissions
Matt is admitted to practice before the following courts:
- All state courts in California
- United States District Courts: Eastern, Northern, Southern and Central Districts of California
- United States Court of Appeals for the Ninth Circuit
Professional Involvement and Memberships
Professional Involvement and Memberships
- California Bar Association
- Federal Bar Association
  - Sacramento Chapter, Chairman of the Program Committee (1997 – 1999)
  - Sacramento Chapter, President (2002)
- Sacramento County Bar Association
- Judicial Conference of the United States District Court for the Eastern District of California
  - Chairman of the Program Committee (2003, 2004)
Honors and Awards
- Best Lawyers in America - 2019
- Martindale Hubbell - AV Preeminent 5.0 out of 5
- Northern California Super Lawyers (2022)

Practice Areas

Education

University of California, Berkeley LawJ.D. (1984)

California State University SacramentoB.A. (1981)

About Matthew W. Powell

Practice Areas

Education