Matthias Kleinsasser is a commercial litigator who primarily represents clients in investment disputes, including investment fund litigation, shareholder disputes, partnership disputes, director and officer fiduciary litigation, and contested business dissolution. He practices nationwide in federal court and regularly represents clients in arbitration proceedings and Texas state court. He has also represented clients in proceedings in Delaware Chancery Court.

Matthias also has significant experience in fraudulent transfer litigation, bankruptcy court and insolvency litigation, federal and state court receiverships, and has served as a receiver under the Texas Turnover Statute.

Matthias maintains an international asset recovery and judgment enforcement practice. He is the sole Texas member of ICC-FraudNet, a global network of asset recovery attorneys with members in over 75 jurisdictions, and regularly advises foreign clients on asset recovery procedures under U.S. law. This experience enables him to advise clients from the pre-litigation stage, to trial or arbitration, and through the judgment enforcement/asset recovery stage.

Matthias regularly advises investment funds, private equity-backed companies, and other entities in pre-litigation planning and dispute resolution.

Representative Experience

Investment Disputes

• Representation of UK-based funding company in arbitration with contractual counterparty.
• Representation of majority shareholder in federal court litigation concerning minority shareholder appraisal rights.
• Representation of limited partner in Delaware Chancery Court in dispute with investment fund’s general partner regarding appointment of a liquidating trustee.
• Representation of board member regarding litigation in Delaware Chancery Court in dispute with minority member.

Fraudulent Transfer/Insolvency Litigation

• Representation of Netherlands-based shipping company in federal court litigation against counterparty for breach of a shipping container lease and fraudulent transfer of real property.
• Representation of defendants sued in bankruptcy court fraudulent transfer suit in which the alleged damages exceeded $50 million. Obtained dismissal of most claims under Rule 12(b)(6).
• Representation of large shareholder in bankruptcy court litigation in connection with a Chapter 11 proceeding of a telecommunications company.

Receivership Matters

• Representation of individual targeted by federal court-appointed receiver for repayment of alleged fraudulent transfer arising out of SEC-investigated Ponzi scheme. 
• Representation of financial institution in Texas state court lawsuit seeking appointment of receivership against Alabama-based oil and gas E&P company.
• Representations of “net winners” and “net losers” in various Securities and Exchange Commission equity receivership proceedings.
• Service as a turnover receiver under the Texas Turnover Statute in multiple proceedings.

Asset Recovery/Judgment Enforcement

• Representation of Brazilian financial institution in U.S. judgment enforcement proceedings.
• Representation of large litigation funder in judgment enforcement proceedings in Texas state court and bankruptcy court.
• Advised litigation funder as to whether a large default judgment against a foreign national would be upheld in federal court (analysis used as part of client’s assessment regarding whether to fund litigation).