FacultyFaculty/Author Profile
Matthew D. Keiser

Matthew D. Keiser

Kirkland & Ellis LLP

Washington, DC, USA


Matthew Keiser is a partner in Kirkland's Washington, D.C. office. He concentrates his practice in employment law aspects of corporate transactions and private equity, employment law counseling, and employment litigation.

Matthew counsels clients from start-ups to FORTUNE 100 companies in every aspect of employment law, including the latest developments regarding the Family and Medical Leave Act (FMLA), the Americans with Disabilities Act (ADA), the Age Discrimination in Employment Act (ADEA), Title VII, the Consolidated Omnibus Budget Reconciliation Act (COBRA), the Worker Adjustment and Retraining Notification (WARN) Act, and the Fair Labor Standards Act (FLSA). Matthew has a national practice and is well-versed in the nuances of state employment laws throughout the country. He regularly assists clients in negotiating high-level employment contracts and handling difficult termination issues, including

reductions-in-force and early retirement programs. He also handles sensitive issues involving restrictive covenants and trade secrets. He has extensive experience in employment law issues related to the use of social media. He also assists clients in drafting and implementing personnel policies, providing employment law-related training to their staff, litigating employment disputes and advising on day-to-day human resources compliance issues.

Matthew has handled a wide variety of significant employment litigation matters in state and federal courts and in mediation/arbitration proceedings. These disputes have included breach of contract, discrimination, harassment, retaliation, executive compensation, restrictive covenants, business torts and higher education issues. He has developed extensive discovery, deposition and trial experience, including obtaining a favorable jury verdict in a breach of non-compete case.

Matthew was formerly senior counsel for employment in the Office of the Chief Counsel for Employment in the U.S. Senate (2004-2006). He provided in-house legal advice and representation to each of the 180 Senate offices, including members and committees, in all employment and labor law issues and first-chaired trials in federal court and in administrative proceedings before the Office of Compliance.

Prior to joining Kirkland, Matthew was a partner at Arnold & Porter LLP. Previously, he served as a staff attorney for The George Washington University Office of the General Counsel (1996-1997), where he also practiced employment law and developed skill with regards to employment issues affecting colleges and universities, including faculty tenure disputes.

Representative Matters

Counseling and Transactional Matters

  • Clearlake Capital Group, L.P. in its acquisition of LANDESK Software from Thoma Bravo.
  • Younique LLC in its $600 million sale of a 60% stake to Coty Inc.
  • Power Opportunities Group of Oaktree Capital Management, L.P. in its investment in Sterling Lumber Co.
  • ABRY Partners in its $2.25 billion sale of RCN Telecom Services, LLC and Grande Communications Networks, LLC.
  • GTCR in its acquisition of Park Place Technologies from WestView Capital.
  • Virtual Radiologic Corporation in its pending $500 million sale to MEDNAX, Inc.
  • MacroGenics, in its recent IPO, including negotiating employment agreements.
  • Private equity fund DC Capital Partners and its government contractor portfolio companies in employment compliance and executive employment agreements related to multiple growth acquisitions.
  • Private equity fund The Halifax Group in employment compliance and executive employment agreements related to its portfolio companies.
  • CEO of a FORTUNE 500 company in renegotiating his employment contract.
  • A high-profile Division I men's basketball coach in negotiating his separation from employment.
  • The George Washington University in negotiating the arrival of a new president.
  • The NFL Players Association in negotiating and drafting the employment contract of its executive director.
  • The PGA of America in negotiating and drafting the employment contract of its chief executive officer.
  • Litigation Matters
  • Overlook Systems Technologies, Inc. as lead trial counsel in non-compete litigation brought against two former employees (obtained unanimous jury verdict against defendants).
  • National law firm in action by former employee alleging assault and battery by supervisor (case dismissed in favor of worker's compensation remedy and ultimately settled for negligible value).
  • International real estate and shopping mall developer in civil action by former executive alleging age and sex discrimination (ultimately resolved on favorable terms).
  • The George Washington University in a tenure dispute brought by medical faculty (resulting in victory for the university).
  • Government contractor in an age discrimination case brought by a terminated employee (obtaining EEOC no cause showing).

Publications

Co-author, "How To Insulate Your PE Firm From WARN Act Liability,"

Law360.com, October 8, 2013

"Checking the Employment Contract," Ophthalmology Business, April 2013

"Implications for Employers of the Supreme Court's 'Outside Salesman' Decision," Employee Relations Law Journal, Winter 2012

Co-author, "Whistleblower Incentives And Protections In The Financial Reform Act," The Banking Law Journal, September 2010

"Health Care Reform Requires Workplace Breaks for Nursing Mothers,"

Employee Benefit Plan Review, August 2010

Co-author, "FCPA Whistleblowers: a Hole in SOX?" The Foreign Corrupt Practices Act 2009: Coping with Heightened Enforcement Risks Coarse Handbook. Publishedby Practising Law Institute (http://www.pli.edu/product/book_detail.asp?idH150), April 2009

Seminars

"In Depth with Francis Rose," August 15, 2014.

"WEBCAST: Marketing Medical and Consumer Products in Social Media," December 1, 2010.

Matthew D. Keiser is associated with the following items:
CHB Chapters  CHB Chapters Acquiring and Selling the Privately Held Company: Labor and Employment Considerations (PowerPoint slides) - Acquiring or Selling the Privately Held Company 2017, Monday, June 26, 2017
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