Matthew Ferguson specializes in domestic and international coverage matters arising out of Directors & Officers (D&O), Professional Liability, Financial Institutions Liability, Fiduciary, Employment Practices and Fidelity policies. Matthew has a wide array of experience in evaluating and handling complex coverage issues on behalf of U.S. and non-U.S. insurers in highly publicized matters involving large and prominent multinational companies, including such industries as finance, energy, manufacturing, mining, pharmaceutical, healthcare, technology, telecommunications, internet and media.
Prior to his law firm practice, Matthew worked with the National Association of Securities Dealers (NASD) for the Department of Enforcement and completed an internship with the New York Stock Exchange, Division of Enforcement. Matthew also previously worked for a private investment bank in New York.
Matthew’s experience includes:
- D&O claims involving violations of the federal and state securities laws and breaches of fiduciary duty. Includes matters related to stock manipulation, misstatements in public and private offerings, management disputes in closely held companies and allegations surrounding mergers, acquisitions and other transactions.
- Providing coverage and monitoring advice to insurers on professional liability and fidelity claims against large national banks, regional and community banks and trusts, private equity firms and related portfolio companies, investment banks, mutual funds, asset managers and hedge funds, broker-dealers and a variety of other financial institutions and their professionals.
- Advising insurers on claims involving regulatory and criminal investigations initiated by the SEC, the Department of Justice, the Treasury Department, the FDIC, as well as investigations by state, local and non-U.S. authorities.
- Providing coverage advice pertaining to claims against privately held, middle market and non-profit entities.
- Counseling insurers on a range of issues pertaining to insurance coverage defense.
Presentations and Publications
- Co-authored “CFPB Issues New Arbitration Rule – Are the Flood Gates Opening for Consumer Class Actions against Financial Institutions?” Sedgwick's C-Suite Risk Report (July 13, 2017).
- Co-authored “Growth of global litigation funding market to drive increase in D&O claims” published in Insurance Day (June 21, 2017).
- Co-presenter, “2017 Claim Trends and Hot Topics in D&O/EPL/Fidelity Claims,” Sedgwick Legal Education Series CLE/CE Program (June 21, 2017).
- Co-authored “False Claims Act Litigation and Implications for D&O and Professional Liability Insurers” Sedgwick Publication (May 2017).
- Co-presenter, “Review of US Bad Faith and Practical Considerations,” Sedgwick Presentation (Spring 2017).
- Co-authored “Litigation Funding and its Implications for US and UK Insurers,” Sedgwick Publication (April 2017).
- Co-presenter, “Trends in US D&O and Financial Institutions Claims: Claims Developments and Other Government Investigations,” Sedgwick London — Financial Institutions and D&O Seminar Fall Seminar (October 13, 2016).
- Co-authored “Rising Tide of US Securities’ Claims Against Brazilian Companies: Practical Guidance from a D&O Perspective,” Sedgwick Publication (October 2016).
- “Policy Termination and Nonrenewal,” Chapter 9, co-author, Directors & Officers Liability Insurance Deskbook, Fourth Edition, ABA Tort Trial and Insurance Practice Section (2016).
- “Policy Limits and Retentions,” Chapter 6, co-author, Directors & Officers Liability Insurance Deskbook, Fourth Edition, ABA Tort Trial and Insurance Practice Section (2016).
- Co-presenter, “California Fair Claims Settlement Practices Regulations,” presented in-house to clients (April 16, 2015).
- Co-presenter, “Deciphering the U.S. Securities Laws: Key Issues and Concepts for Insurers,” Sedgwick webinar (July 30, 2014).
- Co-author, “D&O Claims — Overview of US Securities Law,” Sedgwick White Paper (July 2014).
- Co-author, “D&O Insurers Take Note: U.S. Supreme Court Modifies the ‘Basic’ Game,” Sedgwick's Insurance Law Blog (June 23, 2014).
- Author, “New York to D&O Insureds: ‘You Can’t Relate!’ Without Sufficient Factual Overlap,” Sedgwick's Insurance Law Blog (June 6, 2014).
- Co-presenter, “FDIC Failed Bank Litigation and Its Insurance-Related Implications,” Client Presentation (December 2013).
- Contributor, Directors & Officers Liability Insurance Deskbook, 2011 edition, American Bar Association. (Originally published in 1998, this book reflects on this history of directors and officers exposures and the insurance coverage called upon to address those risks, discussing existing issues as well as current topics and cases that reflect the dramatic legal changes over the past several years.)
- New York
- J.D. (2004) Tulane University Law School
- B.A. (1998) University of Wisconsin-Madison
Memberships and Affiliations
- Professional Liability Underwriting Society (PLUS)
- Sedgwick's Working Parents Group, New York Subcommittee
- Sedgwick's Mentoring and Professional Development Committee
- Sedgwick's Inclusion and Diversity Committee