Matthew J. Tokson

Senior Associate


Matthew Tokson is a senior associate in the Litigation/Controversy Department. He joined the firm in 2012.

Prior to joining the firm, Mr. Tokson served as a law clerk to the Honorable Ruth Bader Ginsburg and to the Honorable David H. Souter, both of the United States Supreme Court. Previously, he served as a law clerk to the Honorable A. Raymond Randolph of the US Court of Appeals for the District of Columbia. Mr. Tokson’s legal experience also includes being a summer associate at a firm in Chicago, Illinois.

Before obtaining his law degree, Mr. Tokson was a research assistant for Professor Cass R. Sunstein; a legal assistant and investigator with a litigation firm in Washington DC; a correspondent with The Valley News and an editorial assistant with the National Medical News Unit of ABC News.


  • “Judicial Resistance and Legal Change,” 82 U. CHI. L. REV. (forthcoming 2015)
  • “Automation and the Fourth Amendment,” 96 IOWA L. REV. 581 (2010)
  • “The Content/Envelope Distinction in Internet Law,” 50 WM. &MARY L. REV. 2105 (2009)
  • Note, “Virtual Confrontation: Is Videoconference Testimony by an Unavailable Witness Constitutional?,” 74 U. CHI. L. REV. 1581 (2007)

Publications & News


February 19, 2014

Massachusetts Supreme Judicial Court Rules in Favor of WilmerHale and ACLU in Case Involving Cell Phone Privacy

On February 18, 2014, the Massachusetts Supreme Judicial Court ruled in Commonwealth v. Augustine that a warrant will often be required when local or state police attempt to track the cell phones of Massachusetts residents.


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JD, high honors, The University of Chicago Law School, 2008, Executive Articles and Book Review Editor, The University of Chicago Law Review, Order of the Coif

BA, Government, minor in English, cum laude, Dartmouth College, 2002

Bar Admissions

District of Columbia

Illinois (inactive)


The Hon. Ruth Bader Ginsburg, US Supreme Court, 2011 - 2012

The Hon. David H. Souter, US Supreme Court, 2011 - 2012

The Hon. A. Raymond Randolph, US Court of Appeals for the District of Columbia Circuit, 2008 - 2009