Matthew T. McLaughlin

Partner
McLaughlin Matthew

Matt McLaughlin, partner-in-charge of Venable’s New York office, is a commercial litigator who represents clients in complex commercial and securities matters, intellectual property and product liability disputes, and construction litigation, primarily in New York state and federal courts, and before arbitration and mediation panels. Matt has extensive experience in transnational litigation and in advising clients in the developing law related to electronic signatures. He also has extensive knowledge of the Freedom of Information Law (FOIL) and Freedom of Information Act (FOIA) statutes, having advised New York state, municipal, and quasi-governmental not-for-profit organizations responding to and defending against freedom of information requests.

Matt has represented officers and directors of multinational corporations who were sued in class actions and shareholder derivative actions for securities law violations and other common law, commercially based tort claims.

A recognized commentator on the New York State FOIL statute, Matt has written several pieces on the issue, including a New York Law Journal article that significantly influenced bills before the New York legislature relating to the standard applied to recovering attorneys' fees in FOIL contests. He has also analyzed and published on the ability of parties to withhold documents containing information protected by public agency privilege.

Matt has served as special counsel in litigations, advising high-net-worth individuals regarding corporate separateness strategies as protection from judgment creditors. He also regularly presents to clients and bar associations on corporate separateness, fraudulent transfers, and veil-piercing tactics and defenses. In addition, Matt has substantial experience advising clients in the developing area of law related to electronic signatures. He has lectured and written on topics involving E-SIGN and Uniform Electronic Transactions Act (UETA) statutes. He has represented clients in investigations conducted by the Office of Foreign Asset Control (OFAC), the Securities and Exchange Commission (SEC), the United States Attorney's Office, and the New York Attorney General's Office.

Matt is also experienced in transnational litigation, including operation of the Hague Convention, and letters rogatory in the Swiss, Canadian, UK, German, and Norwegian courts. His work includes litigating mutual legal assistance treaty (MLAT) requests by foreign governments under 28 U.S.C. 1782. Matt has also coordinated parallel proceedings in a variety of non-U.S. jurisdictions.

Experience

Representative Matters

  • Blocked an order to show cause seeking to enjoin a shareholder vote authorizing a $1.2 billion corporate acquisition; Nadav Poms v. Dominion Diamond Corp. et al., No. 655733/2017 (Scarpulla, J.)
  • Defeated product liability claims on summary judgment against a pharmaceutical company related to a prescription medication; Kumra v. Abbott Laboratories, 14-civ.-4875 (E.D.N.Y. Reyes, J., affirmed 2017 WL 2241507 ), 17-cv-01777 (2d Cir. 2018)
  • Thwarted an emergency injunction motion against the world's largest equipment rental company related to a government bid protest; Aggreko LLC. v. United Rentals Inc., No. 8469/2016 (N.Y. Sup. Ct. Nassau Cnty., 2016)
  • Represented plaintiff in Jukin Media Inc. v. Worldstart Inc. in successfully pursuing copyright and trademark licensing claims; 16-civ.-6800 (C.D. Cal. Walter, J.)
  • Defeated a motion for preliminary injunction for the National Marrow Donor Program (NMDP) brought by a large network participant asserting breach of contract claims; New York Blood Center v. National Marrow Donor Program, 16-civ.-8117 (S.D.N.Y. Buchwald, J.)
  • Defended the New York State Housing Trust Fund Corporation (HTFC) in moving to dismiss claims brought by a disaster recovery contractor against the state; ProSource Technologies v. Housing Trust Fund Corp., 26 N.Y.S. 3d 726 (Albany Commercial Division, 2015)
  • Defended the Brooklyn Public Library in securing the affirmance of a dismissal of an Article 78 petition challenging a State Environmental Quality Review Act (SEQRA) review tied to a development proposed by developers and New York City agencies; Matter of Rimler v. City of New York, 2019 NY Slip Op 03599 (2d Dept. 2019); Rimler v. City of New York, 506046/2016 (Jimenez-Salta, J., 2016)
  • Defended the former chief executive officer of a national bank in class action litigation alleging violations of the Securities Exchange Acts of 1933 and 1934. He also successfully defended multiple officers and directors of the bank against claims asserted in shareholder derivative actions alleging breach of fiduciary duty, abuse of control, and corporate waste. In addition to defending the officers and directors against securities law and common law tort claims, Matt defended the directors and officers against GAAP and Sarbanes-Oxley Act violations claims. Plumbers and Pipefitters Local 51 Pension Fund v. First Bancorp, 409 F. Supp. 2d 482 (S.D.N.Y. 2006); In re First Bancorp Securities Litigation, 465 F. Supp. 2d 112 (D. Puerto Rico 2006)
  • Defended a Canadian oil and gas consulting company in the Southern District of New York against class action claims asserting various violations of the Securities Exchange Act of 1934 and SEC rules thereunder; Collins v. Oilsands Quest Inc., et al., 11 civ. 1288 (Rakoff, J.)
  • Represented a pharmaceutical company in a multidistrict litigation proceeding venued in the Eastern District of New York, defending against product liability claims involving the prescription medication Propecia; In re Propecia (Finasteride) Products Liability Litigation, MDL 2331 (Cogan, J.)
  • Represented a pharmaceutical company in the Southern District of New York, defending against class action, RICO, and consumer fraud claims involving the marketing and promotion of prescription medications; New Mexico United Food and Commercial Workers Union’s and Employers’ Health and Welfare Trust Fund v. Purdue Pharma, L.P. et al., 07 civ. 6916 (Koeltl, J.)
  • Defended a nutritional supplement company in the Eastern District of New York against class action claims asserting violations of the Magnuson-Moss Warranty Act, deceptive advertising under the New York General Business Law, and other common law consumer fraud violations; Brackett v. Rosenstein et al., 12 civ. 2775 (Wexler, J.)
  • Represented a pharmaceutical company in coordinating in the United States a production of documents from Germany, related to a multidistrict litigation proceeding in District Court in Minnesota; In re: Mirapex Products Liability Litigation, MDL 1836 (Rosenbaum, J.)
  • Won a motion to dismiss a constitutional takings clause case brought against a New York State agency by a foreign real estate investment company; Ba Mar v. New York State Housing Trust Fund Corp., 031181 civ. 2017 (Eisenpress, J.)

Other Representative Matters

  • Represented a pharmaceutical company regarding Zostavax product liability claims in the Eastern District of New York
  • Advises a major New York-area hospital with regard to construction transactions and related litigation; developed and executed strategies to manage construction-related risk and claims from an insurance, bonding, and contractual perspective
  • Co-led a trial team that won a decision in California state court on behalf of several banks and institutional investors in an action brought by the trustees of several residential mortgage-backed securities trusts seeking contract reformation; In the Matter of IMPAC SAC Mortgage Pass-Through Trust, 30-2010-00411604 (Orange Co., California, Bauer, J.)
  • Defended two former British officers and directors of an international manufacturing company against claims alleging civil Racketeer Influenced and Corrupt Organizations Act (RICO) violations and lender liability statutes; Westernbank Puerto Rico v. Inyx, Inc., 07-01606 (Delgado, J.)
  • Represented Travelers Insurance before the Second Circuit Court of Appeals, securing the affirmance of full dismissal of common law and Employee Retirement Income Security Act (ERISA) claims asserted by retired employees challenging amendments to a public pension benefit plan; Devlin v. Transportation Communications Int’l., 173 F.3d 94 (2d Cir. 1999)
  • Prosecuted healthcare fraud claims against a medical practice on behalf of a large New York-based healthcare insurance company
  • Secured dismissal of all claims brought against a consumer products company in a patent infringement lawsuit; Arquest v. Kimberly-Clark Worldwide, Inc., 2008 WL 2971775 (McMahon, J.)
  • Defeated a preliminary injunction motion raising tortious interference and Lanham Act violation claims against a toy manufacturer; Plasmart v. Wincell International, 442 F. Supp. 2d 53 (Castel, J.)

Insights

Credentials
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Education

  • J.D. Fordham University School of Law 1994
  • Moot Court Board, Editor

    Articles Editor, Fordham Law School Intellectual Property Law Journal

  • B.A. Philosophy and English cum laude Boston College 1991

Bar Admissions

  • New York

Court Admissions

  • U.S. Court of Appeals for the First Circuit
  • U.S. Court of Appeals for the Second Circuit
  • U.S. Court of Appeals for the Ninth Circuit
  • U.S. District Court for the Southern District of New York
  • U.S. District Court for the Eastern District of New York
  • U.S. Supreme Court

Professional Memberships and Activities

  • Member, American Bar Association
  • Member, New York State Bar Association
  • Member, New York City Bar Association; member, New York City Bar Association Committee on Federal Legislation, 1998 - 2001
  • Member, Defense Research Institute
  • Hiring partner in Venable’s New York office, 2005 - 2011; member, Venable Board, 2010 – 2016; partner-in-charge, New York office, 2016 - present
  • Member, Dean's Advisory Committee, Fordham Law School, 2009 - 2013; member, Fordham Law School Dean Search Committee, 2014; board member, Fordham Law Alumni Association, 2008 - present
  • Adjunct professor of business law, Fordham University, 2011 - 2015
  • President, Friendly Sons of Saint Patrick in the City of New York, 2015 - 2017; vice-president, 2012 - 2014
  • Member, Board of Trustees, Archbishop Molloy High School, 2018 - present
  • Board member, Fund for Modern Courts, 2015 - present; member, Legislation Committee, 2016 - present
  • Member, Lawyer's Committee of the Archdiocese of New York
  • Member, Federal Bar Council
  • Board member, Fordham University Curran Center for American Catholic Studies

Recognition
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  • Recognized in Super Lawyers Business Edition, Business Litigation, New York, from 2013 - 2019
  • Included in New York Metro Super Lawyers from 2009 to 2018
  • Named to the  “Irish Legal 100” by the Irish Voice, 2012

Community
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Pro Bono

  • Serving as counsel for amicus curiae (the Lawyers' Committee for Civil Rights Under Law), filed a brief that contributed to the issuance of a preliminary injunction forbidding the Trump administration from rescinding the DACA program; State of New York et al. v. Donald Trump, 17-civ-5228 (E.D.N.Y. Garaufis, J.)

Personal Activities

  • Village attorney, Village of Pelham Manor, Westchester, 2012 - 2015; trustee, Pelham Manor, 2015 - 2017; commissioner of the Department of Public Works, 2015 - 2016; commissioner, Fire Department of Pelham Manor 2016 - 2019
  • Lector, Our Lady of Perpetual Help, 2014 - present