Frankfurt Kurnit Klein & Selz

Matthew Pearson is a partner in the Litigation Group defending companies in complex consumer and privacy class actions nationwide. Recognized in Best Lawyers and in Lawdragon's 500 Leading Litigators in America, Mr. Pearson represents clients across a broad range of industries, including media, retail, automotive, airlines, healthcare, financial services, and technology.  

Mr. Pearson’s practice centers on privacy, data security, and advertising technology litigation. He regularly handles claims under California’s Unfair Competition Law and Consumer Legal Remedies Act, the California Consumer Privacy Act (CCPA), the Confidentiality of Medical Information Act (CMIA), the California Invasion of Privacy Act (CIPA), and analogous statutes in jurisdictions across the country. He has special expertise defending companies in lawsuits arising from web‑based tracking technologies and other advertising technology tools, and he frequently advises clients on how to mitigate litigation risk while continuing to leverage data‑driven marketing strategies.

Mr. Pearson has achieved significant victories for clients at every stage of litigation. His recent work includes:

Appellate Matters

• Obtained a ruling from the Ninth Circuit Court of Appeals affirming a Nevada federal court’s dismissal, with prejudice, of a nationwide putative class action.
• Obtained a ruling from the Ninth Circuit Court of Appeals affirming a California federal court’s dismissal of an AI‑based chatbot customer‑support vendor in a data‑breach class action.
• Obtained a ruling from the Ninth Circuit Court of Appeals affirming a California federal court’s dismissal of Stored Communication Act and Computer Fraud and Abuse Act claims.
• Obtained a ruling from the California Court of Appeals affirming dismissal of negligence and negligence per se claims under California’s Economic Loss Rule.

Early Dismissals

• Successfully demurred to a novel privacy theory based on the collection of certain information, including IP addresses, by a website operator using what the plaintiff claimed was an illegal “pen register” or “trap and trace device.”
• Obtained full dismissal of a false‑advertising putative class action brought against an international airline defendant.
• Obtained full dismissal of an action brought against a New Jersey‑based defendant under California’s Pen Register statute.
• Obtained, with prejudice, dismissal of a nationwide putative class action lawsuit filed in Nevada federal court against Envision Healthcare Corporation alleging claims stemming from a phishing attack.
• Successfully achieved dismissal of multiple class action lawsuits against a technology application company in multiple data‑breach actions.
• Obtained, with prejudice, dismissal of a nationwide putative class action lawsuit filed in Florida for lack of standing and failure to state a claim.
• Obtained, with prejudice, dismissal of a nationwide putative class‑action lawsuit filed in the Superior Court of California.

Class Certification

• Obtained an order from the San Diego Superior Court denying certification of two California‑based putative subclasses on behalf of a nationwide grocer.
• Obtained an order decertifying a putative class of nearly one million class members in a Telephone Consumer Protection Act case.
• Obtained an order denying class certification in a nationwide privacy class action brought against a California‑based healthcare entity.

Favorable Resolutions

• Successfully and favorably resolved a class action against an airline based on flight disruptions occurring during Winter Storm Elliott.
• Successfully and favorably resolved a class action against a nationwide videogame retailer based on alleged violations of Michigan’s Personal Privacy Protection Act.
• Successfully and favorably resolved over 50 class actions in California alone and many more nationwide.

Mr. Pearson is a graduate of the University of California, Davis School of Law (J.D., 2013, Order of the Coif), and Chapman University (B.A., 2009, magna cum laude). He is admitted to practice in California state courts and before the U.S. Court of Appeals for the Ninth Circuit and the U.S. District Courts for the Central, Eastern, Northern, and Southern Districts of California, as well as the U.S. District Court for the Western District of Michigan.