Matthew A. Jacober
Matthew Jacober has extensive litigation experience, focusing his practice on complex commercial disputes. Representing clients in a broad range of industries on various matters, he has handled class action defenses, fiduciary litigation, shareholder disputes for closely held corporations, governmental investigations (including both criminal and civil investigations on the federal, state and municipal levels) qui tam defense, general business disputes and representation of property owners in condemnation proceedings. Matthew enjoys working with clients to achieve their goals and find cost effective solutions to any disputes presented. He is the leader of the firm's Litigation and Dispute Resolution Practice Group.
Matthew successfully completed a three-day mediation course taught by the professors at the University of Missouri Law School Center for the Study of Dispute Resolution and is qualified to be listed on the Missouri state court approved lists of mediators. The course provided both classroom and practical experience, through a series of role-playing exercises to sharpen the negotiation strategies of the participants. In addition to honing his skills, the course enables Matthew to offer a variety of different kinds of mediations for clients.
He has worked for the Criminal Justice Panel and was a Special Assistant Attorney General for the State of Illinois, assigned to the Illinois Department of Transportation where he prosecuted condemnation matters on behalf of the State of Illinois. Matthew is a graduate of the John Marshall Law School.
Matthew’s representative litigation experience includes:
- Represented numerous companies in Telephone Consumer Protection Act Class Action matters in state and federal courts across the country.
Illinois Appellate Court, Fifth Circuit. Successfully defended client’s estate from disinherited son’s petition for relief from a 2009 settlement agreement barring him from future claims against his parents’ estates. The Fifth Circuit upheld the St. Clair County Circuit Court’s order denying petitioner leave to reform the earlier settlement, in which he received a one-time cash payment. Albert Davinroy, Jr. v. Estate of Elizabeth Davinroy, Deceased, 2017 IL App (5th) 160385-U
State of Indiana Court of Appeals. Won a complete defense verdict at trial in which plaintiffs, through a class action, alleged our client aided and abetted franchise fraud and committed civil deception. We again defended our client in the State of Indiana Court of Appeals where the Court affirmed the defense verdict serving as a double win for our client. Nidia Martinez, et al., on Behalf of Herself and Others Similarly Situated v. Stratus Franchising, LLC, et al.49A02-1509-PL-1317
Marion County Superior Court, Division 2, State of Indiana. Following a 4-day trial in Marion County Superior Court, obtained a complete defense verdict. In this matter, our clients were alleged to have aided and abetted franchise fraud and committed civil deception. Nidia Martinez, et al., on Behalf of Herself and Others Similarly Situated v. Stratus Franchising, LLC, et al,49D02-1206-PL-23299
Missouri Court of Appeals for the Eastern District. Successfully reversed and remanded a summary judgment awarded by the Circuit Court in St. Louis County. The primary issue upon which the Court of Appeals determined the trial court erred related to whether the original creditor had relied on a guaranty of our client, when the evidence demonstrated a question existed as to whether the guaranty was actually delivered or in the possession of the original creditor. Read here.
- St. Louis County, Missouri. Proceeded to trial against St. Louis County in a condemnation matter involving numerous acres of property underlying the Spirit of St. Louis Airport. Jury verdict returned in excess of $2,000,000.00.
- U.S. District Court for the Southern District of Illinois, 7th U.S. Circuit Court of Appeals. Representation of financial services corporation in a dispute concerning priority of payment rights under Article 9 of the Uniform Commercial Code and involving conversion of coal mining equipment sale proceeds. The case has been reported by the 7th Cir.
- St. Louis. Won arbitration on behalf of a hospital corporation in a breach of contract matter involving payment terms under the PACE program, a federally funded Medicare program.
- U.S. District Court for the Eastern District of Missouri. Representation of accountant tax preparers in civil action for injunctions under 26 USC 7407, 26 USC 7408, and 26 USC 7402.
St. Louis County. Successfully represented a private building and office cleaning services company in a class action matter. The Court dismissed the plaintiff’s petition for declaratory judgment and did not grant the ability to re-file.
- St. Charles County. Represented a group of homeowners defrauded by an area developer who failed to follow accepted construction practices in the original development, resulting in significant damage to homes. Case settled prior to trial with significant monetary payment to clients.
- St. Louis County. Successfully tried a disputed collection matter against an established St. Louis restaurant chain.
- St. Clair County. Second Chair in slip and fall case, successfully tried to a jury.
- U.S. District Court for the District of Illinois. Successfully defended a § 1983 trial to a jury.
- U.S. Appellate Court for the Seventh District. Argued a criminal case before Chief Judge Richard Posner, presiding, reported U.S. v. Belwood, 222 F.3d 403 (7th Cir. 2000)
- U.S. Appellate Court for the Seventh District. Successfully argued civil cases before Judge Ilana D. Rovner, presiding, reported Larkin v. Galloway, 266 F.3d 718 (7th Cir. 2000), and Smith v. Zachary, 255 F.3d 466 (7th Cir. 2001)
- Randolph County. Successfully tried a settlement enforcement action before Judge William Schuwerk.
- Service Team of Professionals, Inc. v. Guarantee Restoration Services, LLC (M.D. La. 2018). Successfully prosecuted federal trademark infringement and breach of contract claims on behalf of national franchisor against former franchisee. Franchisor alleged former franchisee continued to use franchisor’s federally registered trademarks after terminating franchise agreement and ceasing royalty payments to promote disaster restoration recovery business. Litigation resolved through confidential settlement.
- U.S. District Court for the Southern District of Illinois
- Up and Coming Lawyer, Missouri Lawyers Weekly, 2012
- Selected by Editor-in-Chief, Bryan A. Garner, to Panel of Practicing Contributors of Black’s Law Dictionary, Abridged Eighth Edition, 2005
- CALI Excellence for the Future Award
- Phi Alpha Delta
- Criminal Justice Society
- Eagle Scout
- American Bar Association - Litigation Section, Tort and Insurance Practice Section and Criminal Justice Section
- Illinois State Bar Association
- Bar Association of Metropolitan St. Louis
- The Missouri Bar
- American Trial Lawyers Association
- Board Member, Secretary, The Missouri Court Appointed Special Advocate (CASA) Association
- Christian Brothers College High School, Board Member; Executive Committee; Finance Committee; Chairperson of the Board of Directors, 2020-2022
- Co-author, A Primer on the Missouri Business Judgment Rule - A Powerful Protection for Business Decisions, St. Louis ACC In-House, October 4, 2016
- March 18, 2020
- Lathrop Gage and Midwest Innocence Project Partner to Free Little Rock Woman After 26 Years on Wrongful ConvictionJuly 17, 2018
- January 4, 2012
- April 1, 2009
7701 Forsyth BoulevardSuite 500Clayton, MO 63105
- Accountant Liability & Risk Management
- Antitrust & Trade Regulation
- Appellate Practice
- Arbitration & Alternative Dispute Resolution
- Complex Financial Litigation
- Shareholder Disputes
- Litigation & Dispute Resolution
- General Business & Complex Commercial Litigation
- Investigations & White-Collar Defense
- Class Action
- Health Law
- Civil Rights Insurance Recovery
- Trust & Estate Litigation
John Marshall Law School, J.D., 1998
Southern Illinois University, B.S., Political Science, 1994
- Law Clerk for Judge Frederick J. Hess of the Illinois Court of Claims