Matthew F. Burger

Matthew F. Burger


Pittsburgh, PA
  • Obtained five emergency injunctions for a Fortune 200 oil and gas company by successfully arguing that the client’s right to operate upon the properties for oil and gas necessarily includes the right to explore for that same oil and gas via seismic testing
  • Representing a Marcellus Shale producer in the U.S. District Court for the Western District of Pennsylvania, resulting in a decision preserving the Marcellus rights for natural gas companies under vintage oil and gas leases in Pennsylvania.
  • Serving as lead Pennsylvania counsel in property, regulatory, permitting, leasing and joint venture litigation for two Marcellus Shale producers.
  • Successfully representing a large U.S. coal company in force majeure litigation in Pennsylvania in which damages exceeded $35 million.
  • Representing as lead trial counsel an international mining and construction company in a $60 million commercial arbitration in Denver, CO, to set the contract mining price for Powder River Basin coal reserves.
  • Serving as lead trial counsel for a U.S. coal company in New Jersey litigation against a national utility company concerning the interpretation and enforcement of a 20-year coal supply agreement.
  • Representing a national coal company in declaratory judgment actions in Indiana and Illinois upholding the validity of the company's force majeure declaration.
  • Representing a U.S. coal company in a declaratory judgment action in the District Court for Colorado in a contract mining dispute.
  • Representing a number of U.S. coal companies in arbitrations throughout the United States to re-determine coal prices and price adjustment indices under long-term coal supply agreements.
  • Representing a U.S. coal company in North Carolina litigation involving complex transactional claims against a third-party coal supplier and a national utility company.
  • Representing a U.S. coal company in a large commercial arbitration in Washington, D.C., concerning the client's coal supply agreements with a large power supplier. Successful resolution of arbitration included allowance of the client's nominated coal prices and acceptance of force majeure claim.
  • Representing a U.S. coal company and related subsidiaries in a large federal bankruptcy case in Tennessee.
  • Successfully litigated numerous contested claims resulting in the payment of millions of dollars to debtors' estate.
  • Winning a substantial bench verdict in Ohio upholding the right of a transfer agent subsidiary of a national bank to enforce non-competition and non-solicitation agreements with a former executive employee. Verdict included an order precluding competitor's use of client's trade secrets, and extraordinary relief in the form of compensation paid to employee during period of disloyalty.
  • In a case of first impression in the U.S. District Court for the Western District of Pennsylvania, upholding the right of a Dutch corporation involved in an adversarial proceeding before the Enterprise Court in the Netherlands to obtain substantial discovery in the United States from joint venture subsidiary.
  • Representing national information technology company in a $100 million trade secret/corporate raiding case in Virginia federal and state courts.