Kristina J. Matic

Senior Counsel

Overview

Kristina (“Tina”) Matic is a senior counsel with Foley & Lardner LLP and a member of the Litigation Department. Ms. Matic is an experienced litigator whose work focuses on complex commercial litigation matters, including significant experience in reinsurance arbitration and False Claims Act defense.

Ms. Matic has represented clients in more than 35 federal district courts and 10 Circuit Courts of Appeals. She has also represented clients in both California and Wisconsin state courts, including in the Wisconsin Supreme Court, and in numerous arbitration venues.

Reinsurance Arbitration and Insurance Litigation

Ms. Matic has represented clients in multiple reinsurance arbitration proceedings involving both facultative and treaty reinsurance. Ms. Matic has been part of winning teams in several significant reinsurance victories, including:

  • prevailing on behalf of a reinsurer in a multi-million dollar claim made by an insolvent ceding company;
  • prevailing on behalf of a Bermuda-based reinsurer in a dispute concerning the interpretation of a mandatory and automatic commutation provision in an aggregate stop loss treaty;
  • prevailing on behalf of a reinsured whose reinsurers attempted to avoid obligations under the treaty based on claims of late notice;
  • prevailing on behalf of several reinsurers and reinsureds on issues of the allocation of claims and expenses under multiple potentially applicable reinsurance treaties.

In addition, Ms. Matic has represented insurance clients in a variety of business-related litigation, including disputes over responsibility for excise taxes, coverage issues, and defense of actions under the False Claims Act.

False Claims Act Defense and Investigation

Ms. Matic has also defended clients, including hospitals, DME suppliers, government contractors, Medicare Administrative Contractors, ambulance providers, and major mortgage entities in numerous False Claims Act whistleblower suits as part of the firm’s national FCA practice.

Recent FCA victories include obtaining dismissal of all claims against a client in an action regarding federal tax withholding, obtaining affirmance of summary judgment for a government contractor client in the Ninth Circuit Court of Appeals, and obtaining dismissal of all claims against a client in a multi-million dollar FCA action regarding alleged submission of non-medically necessary claims to government programs.

Ms. Matic also writes on FCA issues, including as co-author of the article, "Government's False Claims Act Complaint Against Major Financial Institution Alleges False Certifications of Compliance with HUD Underwriting Rules," published in Financial Fraud Law Reports, Vol. 3, No. 8,(Sept. 2011) and “No Government Intervention? No FCA Merit in 5th Circ.” which appeared in Government Contracts Law360 (Aug. 2011).

General Litigation Experience

Ms. Matic also has significant commercial litigation experience. She has argued before the Seventh Circuit Court of Appeals, first-chaired a federal trial in the Eastern District of Wisconsin involving the testimony of more than a dozen witnesses, and participated in arbitration proceedings before both individual arbitrators and three-arbitrator panels. Ms. Matic also has experience in complex discovery matters, including using predictive coding for documents productions and training and supervising large teams of contract reviewers. Ms. Matic has also taken more than 40 depositions in a variety of matters and has worked extensively with expert witnesses, particularly damages experts involving complex statistical analysis.

Ms. Matic is admitted to practice in the State of Wisconsin, The Seventh Circuit Court of Appeals, the Eastern District of Wisconsin, and the Western District of Wisconsin.

Education

Ms. Matic earned her law degree from Harvard Law School (J.D., cum laude, 2009). She earned her bachelor's degree in economics from Harvard University (B.A., cum laude, 2005). Prior to attending law school, Ms. Matic worked for Ford Motor Company as an internal control coordinator.

Ms. Matic is an active member of the Milwaukee Office’s pro bono and recruiting committees. Ms. Matic is also on the board of directors for Wisconsin Leadership Seminars, Inc., a state-wide volunteer-run organization working with high school students to foster leadership and volunteerism and Our Space, a non-profit organization that offers programs and services to adults in the Milwaukee area who have experienced mental illness.

Admissions

Ms. Matic is admitted to practice in Wisconsin.