Matthew J. O'Toole concentrates his practice on corporate and commercial transactions, particularly the structure and use of Delaware business entities, including corporations, limited liability companies, partnerships (general and limited) and statutory trusts. He often serves as counsel to lenders, borrowers, investors, managers, trustees and other parties involved in both domestic and international business transactions. His practice frequently involves providing third-party legal opinions concerning Delaware’s General Corporation Law, Delaware’s alternative entity statutes, the Delaware UCC and other applicable law.
A longtime participant in firm committees and management, Matt is chair of the firm's Blockchain Committee and formerly served as a member of the firm's Executive Committee and practice leader of the firm's Business Group.
Matt currently serves as a member, and is a former chair, of the Council of the Corporation Law Section of the Delaware State Bar Association. He is also the past chair, and continues to serve as a member, of the bar association drafting committee responsible for the Delaware Limited Liability Company Act, the Delaware Revised Uniform Limited Partnership Act, and the Delaware Revised Partnership Act, and serves as well on the committee responsible for the Delaware Statutory Trust Act. Matt has served previously on other committees established by the Council, including committees that studied and recommended changes to Delaware’s General Corporation Law to accommodate current technologies, including blockchain technology. He is one of the principal drafters of the Delaware Revised Captive Insurance Company Act and the Delaware Insurance Company Mutual-to-Stock Conversion Act.
Matt is co-author of Symonds & O'Toole on Delaware Limited Liability Companies, published by CSC/LexisNexis. His articles on amendments to Delaware’s corporate and alternative entity statutes and the Delaware UCC are published regularly in CSC’s Delaware Laws Governing Business Entities and he is author of the “Delaware Limited Liability Company Practice Guide,” in State Limited Liability Company & Partnership Laws (Aspen Law & Business). In addition, he has written a number of other publications and guides that serve as references for both business and legal professionals.
Matt has been recognized in The Best Lawyers in America for corporate law, mergers and acquisitions law, business organizations, and securitization and structured finance law (2019 "Lawyer of the Year" award recipient for Securitization and Structured Finance Law in Wilmington, Delaware). He also has been recognized as one of the leading corporate, alternative entities, and M&A lawyers in Delaware by Chambers & Partners.
Publications
- October 3, 2022
- October 4, 2020
- October 4, 2019
- April 3, 2019
- Symonds & O’Toole on Delaware Limited Liability Companies, May 4, 2018
- April 26, 2018
- Law360, February 16, 2018
- Law360, February 7, 2018
- Norton Annual Survey of Bankruptcy Law, September 1, 2017
- Law360, March 21, 2017
- The Harvard Law School Forum on Corporate Governance and Financial Regulation, March 16, 2017
- September 30, 2013
News
- June 1, 2023
- August 18, 2022
- June 1, 2022
- May 25, 2022
- August 19, 2021
- July 12, 2021
- May 20, 2021
- August 20, 2020
- April 23, 2020
- August 15, 2019
- April 25, 2019
- August 15, 2018
- August 15, 2018
- May 23, 2018
- May 3, 2018
- August 15, 2017
- June 22, 2017
- June 13, 2017
- August 15, 2016
- August 24, 2015
Events & Speaking Engagements
- September 22, 2022
- October 21, 2021
- April 21, 2021
- October 22, 2020
- May 28, 2020
- May 14, 2020
- February 23, 2020
- January 15, 2020
- October 24, 2019
- May 9, 2019
- October 23, 2018
- September 27, 2018
- September 18, 2018
- June 4, 2018
- May 24, 2018
- October 24, 2017
- September 27, 2017
- February 26 - March 1, 2017
- November 2-4, 2016
- September 28, 2016
- The ARIA Resort & Casino, Las Vegas, February 28 - March 2, 2016
Education
College of William & Mary, Marshall-Wythe School of Law, J.D., 1992
Fordham University, M.A., 1988
Fordham University, B.A., summa cum laude, 1985
Former law clerk to the Honorable Rebecca Beach Smith, U.S. District Judge, United States District Court, Eastern District of Virginia.
Bar & Court Admissions
- Delaware
- United States District Court for the District of Delaware
Practices
Professional Activities and Honors
American Bar Foundation, Life Fellow
American Bar Association, Business Law Section Committee on Partnerships and Unincorporated Business Organizations, Committee on Legal Opinions
Delaware State Bar Association, Corporation Law and Commercial Law Sections; Immediate Past-Chair of the Corporation Law Section; Chair of the Committee on Limited Liability Companies and Partnerships