Overview

Overview

Matthew Gens is an associate at Bernkopf Goodman specializing in complex civil litigation. He has experience personally handling civil actions in all phases from complaint to judgment, as well as appeals, in a mix of federal and state courts. He has briefed and argued over one hundred dispositive and non-dispositive motions, conducted and defended depositions, participated in multiple mediations, been second-chair on multiple trials in the Massachusetts Superior and Land Courts, and briefed and argued several appeals in the Massachusetts state courts, including an argument before the Massachusetts Supreme Judicial Court. He has also been involved in multiple matters defending against the assertion of class-action treatment, including briefing and argument as well.

Prior to joining Bernkopf Goodman, Matt was at a large Boston-based law firm. While there, he represented mutual fund, private equity, hedge fund and medical device clients, as well as public companies and banking institutions in securities litigation, government enforcement and complex business litigation.

Matt has been recognized as a Super Lawyers Rising Star in Massachusetts for Business Litigation since 2015.

Matters & Transactions

Representative Matters & Significant Transactions

  • Norgand Realty L.P. v. Chalk & Vermilion Fine Arts, Inc., Civ. No. 18-10270-IT (D. Mass. July 12, 2018) (Rule 12(b)(6) as to all counterclaims)
  • McMahon v. Nationstar Mortg. LLC, No. 16-cv-255 (Mass.Super.Ct. Apr. 6, 2018) (Rule 12(b)(6))
  • C Co. v. Hackel, No. 14-cv-02115-BLS2 (Mass.Super.Ct. Jan. 25, 2018) (defense victory following 3-week jury trial)
  • Barrett v. MERS Inc. et al., 14 SBQ 16514-06-001, 2017 WL 5969766 (Mass. Land Ct. Nov. 30, 2017) (Rule 12(c))
  • Kenney v. Brown, 16 MISC 530, 2017 WL 3445359 (Mass. Land Ct. July 27, 2017) (Mass. Lawyers Weekly featured) (Rule 12(b)(1) and 12(c))
  • Melen v. Cormay, 1672-cv-589 (Mass. Super. Ct. May 18, 2017) (Rule 12(b)(6))
  • Nutting v. Nationstar Mortg. LLC, No. 15-P-1536, 2017 WL 429329 (Mass.App.Ct. Feb. 2, 2017) (Rule 1:28 Decision) (Rule 12(b)(1))
  • O’Halloran v. Nationstar Mortg., LLC, Civ. No. 16-10211-JGD, 2017 WL 374465 (D.Mass. Jan. 25, 2017) (Rule 56)
  • Valdez v. FNMA, No. 14-P-1721, 2016 WL 3460495 (Mass.App.Ct. June 24, 2016) (Rule 1:28 Decision) (Rule 12(b)(6))
  • C Co. v. Hackel, No. 15-P-1180, 2016 WL 3030912 (Mass.App.Ct. May 27, 2016) (Rule 1:28 Decision) (Partial Rule 12(b)(6))
  • Anderson v. Nationstar Mortg., LLC, 172 F.Supp.3d 371 (D. Mass. 2016) (Rule 12(b)(6))
  • Hall v. Nationstar Mortg., LLC, No. 15-P-282, 2016 WL 608937 (Mass. App. Ct. Feb. 16, 2016) (Rule 1:28 Decision) (Rule 12(b)(6))
  • Nutting v. Nationstar Mortg. LLC, 12 MISC 473786, 2015 WL 5012760 (Mass. Land Ct. Aug. 24, 2015) (Rule 12(b)(1))
  • Sampson v. JPMC, 14 MISC 486710 (Mass. Land Ct. June 22, 2015) (Rule 12(b)(6))
  • Sullivan v. Bank of New York Mellon, 91 F.Supp.3d 154 (D. Mass. 2015) (Partial Rule 12(b)(6))
  • Deutsche Bank Nat. Trust Co. v. Kelley, No. 13 MISC 478330, 2015 WL 263911 (Mass. Land Ct. Jan. 22, 2015) (Rule 56)
  • Hall v. Nationstar Mortg., LLC, BRCV2014-00840 (Mass. Super. Ct. Dec. 15, 2014) (Rule 12(b)(6))
  • Gifford v. First Am. Title Ins. Co., SUCV2013-00301 (Mass. Super. Ct. Dec. 8, 2014) (Rule 12(b)(6))
  • Rodriguez v. Nationstar Mortg., LLC, Civ. No. 14-cv-12338-IT, 2014 WL 5426972 (D.Mass. Oct. 24, 2014) (allowance of Rule 12(b)(6) motion to dismiss of Chapter 93A claims based upon process of consideration for a loan modification)
  • Coffey v. Advanced Fin. Servs., Inc., HDCV2012-00525 (Mass. Super. Ct. June 30, 2014) (substantial allowance in all relevant part of summary judgment motion of various statutory claims challenging foreclosure process)
  • Hansmann v. Nationstar Mortg., LLC, No. 13-P-1068, 2014 WL 2861803 (Mass.App.Ct. June 25, 2014) (Rule 1:28 Decision) (affirming Rule 12(b)(6) motion to dismiss of Chapter 93A claims based upon process of denial of a loan modification)
  • Valdez v. FNMA, SUCV2013-01867C, 2014 WL 2573338 (Mass. Super. Ct. June 2, 2014) (allowance of Rule 12(b)(6) motion to dismiss of challenges to foreclosure, later upheld over post-judgment motions, at 2014 WL 3773978)
  • Bank of New York Mellon v. Junior, PLCV2014-00156 (Mass. Super. Ct. May 15, 2014) (allowance of application for Rule 55 Judgment granting reformation of mistaken property description in mortgage)
  • Campanile v. MERS, Inc., Civ. No. 11-cv-00528-JJM (D.R.I. May 12, 2014) (allowance from bench of Rule 12(b)(6) motion to dismiss of challenges to a foreclosure process)
  • Bisnaw v. Nationstar Mortg., LLC, NOCV2011-01940 (Mass. Super. Ct. March 6, 2014) (defense victory following bench trial upholding propriety of foreclosure process due to Court’s determination that purported loan modification as proffered was a forgery)
  • Adamis v. Nationstar Mortg., LLC, ESCV2013-01466C (Mass. Super. Ct. Jan. 30, 2014) (allowance of Rule 12(b)(6) motion to dismiss of statutory claims incorrectly asserting a right to a loan modification)
  • A&M Auto Body, Inc. v. Carstar Franchise Sys., Inc., 1205-CV-000368 (B.M.C. Nov. 13, 2013) (allowance of summary judgment dismissing commercial claims premised upon franchise agreement due to binding forum selection clause)
  • Exec. Office of Health & Human Servs. v. Phillips, SUCV2013-02218 (Mass. Super. Ct. Oct. 25, 2013) (allowance of Rule 12(b)(6) motion to dismiss in Medicaid recoupment action due to bona fide purchaser for value status, upheld on motion for reconsideration)
  • Schallmo v. GMAC Mortg. LLC, NOCV2013-01161D (Mass. Super. Ct. Sept. 17, 2013) (allowance of Rule 12(b)(6) motion due to lack of coverage under title insurance policy)
  • Moran v. Gala, No. 12-P-1071, 2013 WL 4788134 (Mass.App.Ct. Sept. 10, 2013) (Rule 1:28 Decision) (substantially affirming decision following bench trial holding parties affirmatively liable for misrepresentation based upon issue preclusion)
  • Senat v. FHLMC, MICV2011-01072 (Mass. Super. Ct. July 26, 2013) (allowance of application for Rule 55 Judgment declaring foreclosure process to have been proper)
Memberships & Activities

Memberships & Activities

Legal Memberships

  • Boston Bar Association
Honors & Recognition

Honors & Recognition