Attorney Profile

Mr. Lewis vigorously represents clients in a wide-range of regulatory and enforcement actions, complex civil litigation, FINRA arbitrations, and administrative proceedings.  While in private practice, Mr. Lewis has represented Fortune 500 companies (such as America Online, HCA, New York Life, Symantec, and Adobe), prominent local companies (such as Grand America Hotel Corporation, Bodell Construction, and Zagg), as well as individuals.  Mr. Lewis specializes in internal investigations and has performed numerous investigations on behalf of prominent Utah companies, both public and private.  He has represented clients in a broad range of regulatory and compliance matters, including investigations involving mortgage and bank fraud, bankruptcy fraud, tax fraud, mail and wire fraud, and securities fraud. Mr. Lewis has extensive experience defending civil enforcement and administrative actions brought by the Securities & Exchange Commission (“SEC”), Commodities Futures Trading Commission (“CFTC”), Utah Division of Professional Licensing (“DOPL”), the Utah Alcohol & Beverage Control Commission (“DABC”), the Federal Trade Commission (“FTC”) and the Utah Division of Securities.  He has also represented plaintiffs and defendants in qui tam suits alleging violations of the False Claims Act and has also represented whistleblowers seeking to recover for reporting wrongdoing.  Mr. Lewis also represents individuals seeking to vindicate their Constitutional rights through federal actions brought under 42 U.S.C. § 1983.  Mr. Lewis has represented claimants and respondents in a variety of FINRA arbitrations, including arbitrations involving complex options trading strategies, and was lead counsel in a FINRA arbitration resulting in a $6.9 million award on behalf of a claimant, one of the largest awards ever in Utah.  He has appeared in state and federal trial courts, courts of appeal, administrative proceedings, arbitrations, and mediations throughout the country.

Mr. Lewis also works closely with companies and in-house counsel on matters of compliance.  He counsels companies regarding compliance with rules and regulations enforced by the FTC and the Utah Division of Consumer Protection, federal health care statutes and regulations (including Stark, Anti-Kickback, and HIPAA), the Foreign Corrupt Practices Act (“FCPA”), and data protection and breach.

Prior to rejoining Ray Quinney & Nebeker in 2007, Mr. Lewis was appointed to serve as Senior Counsel to the Assistant Attorney General for the Criminal Division of the Department of Justice in Washington, D.C.. In that capacity, Mr. Lewis advised the Assistant Attorney General regarding a broad range of criminal policy and law enforcement issues, particularly in the areas of corporate fraud and white-collar crime.  He also coordinated the work of three national law enforcement task forces on behalf of the Assistant Attorney General.

Mr. Lewis maintains an “AV” rating with Martindale-Hubbell, which is the highest rating awarded to attorneys for professional competence and ethics.  He has also been voted by his peers throughout the state as one of Utah’s “Legal Elite,” as published in Utah Business Magazine (2005-06, 2008, 2010, 2012-16).

Mr. Lewis co-chairs the firm’s White Collar Criminal Defense and Corporate Compliance Practice Group.  He also serves as an adjunct professor of Criminal Procedure at the J. Reuben Clark School of Law at Brigham Young University.

Mr. Lewis is also committed to pro bono and charitable activities. He has represented a variety of indigent clients in Constitutional litigation, social security proceedings, landlord-tenant disputes, and asylum proceedings. Mr. Lewis has served on the Board of Directors for Healing Hands for Haiti, a 501(c)(3) charitable organization.

Noteworthy Results Obtained for Clients

  • Lead counsel in FINRA arbitration resulting in $6.9 million award, one of the largest awards ever in Utah. Brett L. Eliason et al. v. TD Ameritrade, FINRA Case No. 09-02054.
  • Lead counsel in criminal theft and forgery case in which jury returned a not guilty verdict on all 43 felony counts.
  • Co-lead counsel in FTC enforcement action in which district court dismissed temporary receiver, one of only a few nationwide cases where a similar ruling was obtained.  See FTC v. Apply Knowledge, Case No. 2:14-cv-00088.
  •  Co-lead counsel in case representing major Utah hotel in regard to conducting internal investigation, reviewing compliance, and negotiating non-prosecution agreement with Department of Justice and Department of Homeland Security.
  • Lead counsel representing Special Committees of the Board of Directors of Utah public companies for purposes of conducting internal investigation and assisting with disclosure to appropriate government regulators.
  • Lead counsel to obtain dismissal of enforcement action brought by Utah Department of Alcohol and Beverage Control (“DABC”) alleging violations by licensee.
  •  Lead counsel on behalf of Bodell Construction in briefing and arguments before Utah Supreme Court and Utah Court of Appeals in Bodell Construction v. Mark Robbins et al., Case No. 20070951, resulting in judgment of more than $5 million.
  • Lead counsel on appeal to 10th Circuit in the case of United States v. Clarkson, Case No. 08-4054, seeking suppression of illegal search. The charge was ultimately dismissed following remand to the district court.
  • Co-lead counsel on behalf of Utah agency successfully responding to challenge of major public contract award.
  • 2nd chair counsel on behalf of Symantec, Inc. in federal jury trial alleging breach of contract and multi-million dollar damages. Canopy Corporation and David Jorgensen v. Symantec Corp., Case No. 2-04-CV-00629.

Education

Columbia Law School, J.D., 1996

  • Harlan Fiske Stone Scholar
  • Notes Editor, COLUMBIA BUSINESS LAW REVIEW
  • Teaching Fellow, Civil Procedure

University of Utah, B.A., Journalism, French (minor), 1993

Prior Professional Experience

  • United States Department of Justice, Senior Counsel to the Assistant Attorney General, Criminal Division, 2006-2007
  • Latham & Watkins, Washington, D.C., 1997-2004
  • Judicial Clerk to the Honorable Richard C. Howe (Ret.), Utah Supreme Court, 1996-1997

Admitted to Practice

  • Utah State Bar, 1997
  • Arizona, 1996
  • Washington, D.C., 1998
  • Nevada, 2012

Affiliations / Memberships

  • Member of Supreme Courts Advisory Committee on Criminal Jury Instructions, 2010-present
  • Utah Bar Association, Securities, Criminal Justice and Litigation Sections
  • National Association of Criminal Defense Lawyers
  • Utah Association of Criminal Defense Lawyers
  • CJA Panel, U.S. District Court, District of Utah
  • Aldon J. Anderson Inn of Court
  • American Bar Association, Criminal Justice and Litigation Sections
  • Salt Lake County Bar Association
  • Federal Bar Association

Publications / Presentations

  • Author, How Healthcare Companies Can Prepare for a Government Investigation, Utah Physician Magazine, June/July 2014
  • Author, How to Respond If Your Company is Involved in a Criminal InvestigationThe Enterprise, November 12-18, 2007
  • Co-Author, Protection of the Attorney-Client Privilege in Criminal Investigations, Barry M. Sabin and Matthew R. Lewis, The Sedona Conference on Complex Litigation, April 2007
  • Speaker, PLI Conference Internal Investigations 2007: Legal, Ethical and Strategic Issues, June 2007
  • Speaker, The Erosion of Employee Rights during Government Investigations: Is the Attorney-Client Privilege Eroding and Does It Need to be Saved?, ABA Section of Labor and Employment Law, Ethics & Professional Responsibility Committee, Midwinter Meeting, February 2007
  • Speaker, The Martha Stewart Prosecution, Utah State Bar, Section of Securities, August 2006
  • Speaker, Ethical Issues in Defending the Corporation, Utah State Bar Section of Corporate Counsel, April 2005
  • Speaker, Lessons Learned from High Profile Securities Prosecutions, Utah State Bar Section of Securities, August 2005

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