Matthew Kittay

Practice Areas

Matthew is an innovative lawyer who provides legal guidance to businesses, investors and entrepreneurs to help them achieve the corporate financing and structures that drive their success.

National Co-Chair of Fox Rothschild's Mergers & Acquisitions Practice Group, Matthew has deep experience as outside general counsel, structuring mergers and acquisitions and securing private equity and venture capital for a wide range of companies, particularly in the technology, software, cannabis, manufacturing and health care sectors.

He is selected to the Band 1 list in the Chambers USA Guide as a leading corporate attorney for his transactional work with clients in the cannabis sector.* In 2019, he was selected to The National Law Journal "Cannabis Law Trailblazers" list in recognition of a string of major deals he closed in this nascent industry.

Professional Memberships

American Bar Association, Business Law Section: Co-Chair, Angel Venture Capital Subcommittee and Liaison, M&A Technology Subcommittee | Digital Brown, Co-Founder | Empire Angels, Limited Partner | New York Society of Security Analysts

Expert in these Jurisdictions

Bar Admission: New York, New Jersey and Florida

Education

Work Highlights

Mergers & Acquisitions

Over $3.5 billion in private company M&A transactions, including deals nominated for M&A Advisor’s “Deal of the Year” (2016) in both “middle-market” and “foreign” categories, which include:*

- Inc. 100 leader in global in-app advertising for Facebook, Apple (iOS) and Android developers, in connection with a recapitalization and investment by a U.S.-based private equity fund.

- Chinese private equity fund and its U.S. operating subsidiary in acquisition of a U.S.-based specialty pharmaceutical company dedicated to improving patient care through innovative therapeutics.

- Fortune 500 international retail company in its purchase of distressed assets including inventory, real estate, workforce, and accounts receivable from a U.S.-based private equity fund.

- Chinese private equity fund and its U.S. operating subsidiary in the acquisition of a leading U.S. producer of marketed generic pharmaceutical products.

- Smoke Cartel, Inc., a leading e-commerce marketplace for cannabis consumption accessories and hemp-derived CBD products, in its sale to High Tide Inc., the largest Canadian retailer of recreational cannabis by revenue.

- Leading SaaS facility management and service products distribution platform as the target in an acquisition by a U.S.-based private equity fund.

- Global manufacturer and distributor of household durable products as the target in an acquisition by a U.S.-based private equity fund.

- Syndicate of healthcare industry private equity funds in the acquisition of a controlling interest in a leading manufacturer of specialty chemicals primarily used in medical devices, industrial materials and pharmaceuticals, with multiple distinct manufacturing subsidiaries.

- Company and key equity holders of a global sports franchise, with assets including intellectual property, real estate, and other key holdings, as the target in a strategic acquisition.

Venture Capital

Matthew has advised technology, life sciences and cannabis companies in Series Seed through Series D, SAFE, and convertible debt

venture capital and strategic investor financings. His clients include:*

- New York’s leading angel investment networks in preferred equity financing and debt financings

- High-net-worth family fund in various impact investing financings

- Preferred equity financing of a leading casino video gaming platform

- Global e-commerce fashion retailer featured in Vogue and Harper’s BAZAAR in equity financing

- Consumer online engagement gaming platform in convertible debt financing

- Machine learning SaaS platform in multiple rounds of preferred equity financing

- Real estate management app platform in a convertible debt financing

- Social network app developer in a convertible equity financing

- New York health care clinic in a recapitalization and preferred equity financing

- Immunotherapeutics development platform in a convertible debt financing

- Formation of and investment by an SPV in a preferred equity financing of cannabis license operator