Matt Kussmaul is a litigator whose practice focuses on white collar criminal defense and complex civil litigation. In his white collar practice, Matt has helped represent a wide variety of clients in investigations by the U.S. Securities Exchange Commission (“SEC”), the Office of the United States Attorney (“USAO”), the Drug Enforcement Administration (“DEA”), the Office of the Comptroller of the Currency, the National Science Foundation, and various state agencies. Matt has also made successful presentations before the SEC. In his civil practice, Matt has been involved in every aspect of litigation, including drafting pleadings and dispositive motions, preparing witnesses for deposition, examining witnesses in court, assisting in defending depositions, and navigating complex discovery and privilege issues.
Before joining Ballard Spahr, Matt was the Consulting Attorney for the Code Improvement Project of the Delaware General Assembly’s Criminal Justice Improvement Committee. In that role, Matt was the primary drafter of a newly-proposed set of criminal laws for the state, working closely with Professor Paul H. Robinson of the University of Pennsylvania law school, as well as distinguished members of the judiciary and the Office of Defense Services.
Experience
Representative Matters
White Collar Defense
- Following a five-week trial, secured acquittal for nurse assessment coordinator accused of conspiracy to defraud Medicare and Medicaid
- Secured no-action letter from SEC following a presentation on behalf of a medical supply company alleged to have violated the Foreign Corrupt Practices Act
- Represented a virtual currency issuer in SEC investigation involving alleged fraud and sale of unregistered securities
Professional Highlights
Pro Bono Experience
Matt contributed to a guidebook for the Lawyers’ Committee for Civil Rights Under Law to advise protestors and local governments on permitted and unconstitutional restraints on speech, in response to violence that occurred during protests in Charlottesville, Virginia in 2017. After joining Ballard Spahr, Matt also continued providing critical assistance to the Code Improvement Project of the Delaware General Assembly’s Criminal Justice Improvement Committee. Matt is also a child advocate, representing children in dependency proceedings in Philadelphia.
Recognition & Accomplishments
Recipient of Ballard Spahr 2017 Pro Bono Award for co-authoring a guidebook for the Lawyers’ Committee for Civil Rights Under Law to advise protestors and local governments on timely First Amendment issues
The Best Lawyers in America "Ones to Watch," - Criminal Defense: White-Collar (Philadelphia), 2024, 2025
Publications
Co-author, “How Criminal Code Drafting Form Can Restrain Prosecutorial and Legislative Excesses: Consolidated Offense Drafting," Harvard Journal on Legislation, 2021
Co-author, “After Charlottesville, How Committed Do We Remain to Free Speech for All?” Communications Lawyer, Fall 2017
Co-author, “The American Criminal Code: General Defenses,” The Journal of Legal Analysis, September 2014
Credentials
Education
University of Pennsylvania Law School (J.D. 2015, magna cum laude)
Order of the Coif
Senior Editor, University of Pennsylvania Law Review
Wharton School of the University of Pennsylvania (Certificate in Management, 2014)
DePaul University School of Music (B.M., percussion performance, 2010, summa cum laude)
Admissions
Pennsylvania
U.S. District Court, Eastern District of Pennsylvania