PROFESSIONALS
[] Matthew J. O'Toole

 

Scott Penwell and Matthew O'Toole Present on Captive Domiciles in Delaware
February 22, 2010

 

Shareholder
Corporate, Finance & Capital Markets

Wilmington
302.425.3302
610.371.1232 fax
mjo@stevenslee.com

Matt concentrates his practice on corporate and business 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.

Matt currently serves as a member of the Council of the Corporation Law Section of the Delaware State Bar Association. He also sits on the drafting committee responsible for the Delaware Limited Liability Company Act, the Delaware Revised Uniform Limited Partnership Act and the Delaware Revised Partnership Act. Matt has served previously on other committees established by the Council, including the Technology Update Committee, which undertook a comprehensive review of Delaware’s General Corporation Law to study and recommend changes to that statute to accommodate current technology. He is one of the principal drafters of the Delaware Revised Captive Insurance Company Act and serves on the legislative committee of the Delaware Captive Insurance Association.

Matt is co-author of Symonds & O'Toole on Delaware Limited Liability Companies, published by Wolters Kluwer Law & Business/Aspen Publishers. 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, published by 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.

He is a former law clerk to The Honorable Rebecca Beach Smith, U.S. District Judge, United States District Court, Eastern District of Virginia. While in law school, he was a member of the William and Mary Law Review and awarded membership in the Order of the Coif.

Matt has been recognized as one of the leading corporate and M&A lawyers in Delaware by international legal research publisher Chambers & Partners. He also has been recognized in The Best Lawyers in America in the fields of corporate law, mergers and acquisitions law and structured finance law.

Education:
Marshall-Wythe School of Law, College of William & Mary, J.D.,1992
Fordham University, M.A.,1988
Fordham University, summa cum laude, B.A.,1985

Bar Admissions:
Delaware

Court Admissions:
U.S. District Court for the District of Delaware

Selected Publications:

  • Symonds and O’Toole on Delaware Limited Liability Companies, published by Wolters Kluwer Law & Business/Aspen Publishers.

  • “Delaware Limited Liability Company Practice Guide,” in State Limited Liability Company & Partnership Laws, published by Aspen Law & Business.

  • "Some Big, Some Small: Updates to Delaware's Alternative Entity Statutes," 2nd in 2-article series. Delaware Law Weekly, Volume 12, Number 32, August 12, 2009. Co-author.

  • "Amendments to General Corporate Law: Not Just Tinkering," 1st in 2-article series.  Delaware Law Weekly, Volume 12, Number 30, August 5, 2009. Co-author.

  • "Amendments to Alternative Entity Statutes Are 'Modest in Scope,'" Delaware Law Weekly, Volume 11, Number 39, September 24, 2008. Co-author.

  • “Delaware’s New Captive Insurance Law,” published by the Delaware Captive Insurance Association, August 2005. Co-author.

  • “Delaware - A Dynamic Choice for Insurance Securitizations,” published by the Delaware Captive Insurance Association, June 2007. Co-author.

  • “Uses and Advantages of Delaware Statutory Trusts and Delaware Limited Liability Companies in Securitizations,” 2003 Global Securitization and Structured Finance Guide. Reprinted June 2004.

  • “Delaware: Preferred Gateway to the U.S. Marketplace,” published by Corporation Service Company, December 2004.

  • “Delaware’s New General Partnership Law,” The Corporate Edge, 2000.

 

Selected Speaking Engagements:

  • Delaware State Bar Association, Continuing Legal Education program on Delaware alternative entity law, May 2010.

  • Practising Law Institute (PLI), “Delaware Law Developments 2010: What All Business Lawyers Need to Know,” May 2010.

  • Delaware State Bar Association, “Recent Developments in Delaware Corporate and Alternative Entity Law,” April 2010.

  • Delaware Bankers Association, Delaware Trust Conference, “Delaware Corporate Trusts in a Difficult Economy,” December 2009.

  • Delaware Department of Insurance, Presentation on Delaware’s Captive Insurance Law for Delaware Chamber of Commerce, November 2009.

  • Delaware State Bar Association, "Current Topics with Delaware Limited Partnerships and Limited Liability Companies," May 2009.

  • Delaware Bankers Association, Delaware Trust Conference, "Corporate Trust Securitization Roundtable," December 2008.

  • Practicing Law Institute (PLI), “What All Business Lawyers Must Know About Delaware Law Developments,” May 2008.

  • ABA Business Law Section, Delaware Law Forum, March 2008.

  • Delaware Captive Insurance Association, Annual Conference, October 2007.

  • Delaware Captive Insurance Association, Program on Special Purpose Financial Captives in Delaware, September 2007.

Professional and Civic Affiliations:
Fellow of the American Bar Foundation
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

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