Matthew T. McLaughlin

Matthew McLaughlin's practice areas include complex commercial disputes, securities litigation, intellectual property litigation, product liability defense, and construction litigation.

Mr. McLaughlin practices all types of commercial litigation, principally in the state and federal courts in New York. He has also appeared before the American Arbitration Association and NASD mediation panels. He offers clients significant trial and appellate practice experience, having been lead counsel in bench and jury trials related to a variety of commercial contract and business tort disputes. Mr. McLaughlin has recently represented multiple officers and directors of multi-national corporations who were sued in class actions and shareholder derivative actions for securities law violations and other common law, commercially-based tort claims. He has also represented trade associations in defense of horizontal antitrust violations.

In the area of international law, Mr. McLaughlin has experience in all aspects of transnational litigation, including operation of the Hague Convention and letters rogatory requests in the Swiss, Canadian, UK, German and Norwegian courts. He has wide experience litigating mutual legal assistance (MLAT) requests by foreign governments under 28 U.S.C. 1782. Mr. McLaughlin has also coordinated parallel proceedings in a variety of foreign jurisdictions.

Significant Matters

Mr. McLaughlin successfully 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 in claims asserted in shareholder derivative actions alleging breach of fiduciary duty, abuse of control, and corporate waste. In addition to defending officers and directors in securities law and common law tort claims, Mr. McLaughlin has defended clients accused of GAAP and Sarbanes-Oxley Act violations. 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).
Mr. McLaughlin successfully defended a Canadian oil and gas consulting company in the Southern District of New York in defense of 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.).
Mr. McLaughlin represented a pharmaceutical company in the Southern District of New York defending 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.).
Mr. McLaughlin represented a nutritional supplement company in the Eastern District of New York in the defense of 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.).
Mr. McLaughlin currently represents a pharmaceutical company in a multidistrict litigation proceeding venued in the Eastern District of New York defending product liability claims involving the prescription medication, Propecia. In re Propecia (Finasteride) Products Liability Litigation, MDL 2331 (Gleeson, J.).
Mr. McLaughlin represented a pharmaceutical company in coordinating a production of documents from Germany in the US in connection with a multidistrict litigation proceeding in district court in Minnesota. In re: Mirapex Products Liability Litigation, MDL 1836 (Rosenbaum, J.).


Other Representative Commercial Litigation Matters

Mr. McLaughlin advises a major New York area hospital with regard to construction transactions and related litigation. He has considerable experience in developing and executing strategies to manage construction-related risk and claims from an insurance, bonding and contractual perspective. He also has experience trying construction litigation cases in the New York State courts.
Mr. McLaughlin co-headed a trial team that won a decision in California state court on behalf of several banks and institutional investors. The action was brought by the trustee 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.).
Mr. McLaughlin successfully defended two former British officers and directors of an international manufacturing company against claims alleging civil RICO violations and lender liability statutes. Westernbank Puerto Rico v. Inyx, Inc., 07-01606 (Delgado, J.).
Mr. McLaughlin represented Travelers Insurance before the Second Circuit Court of Appeals securing the affirmance of full dismissal of common-law and ERISA claims asserted by retired employees challenging amendments to a public pension benefit plan. Devlin v. Transportation Communications Int’l., 173 F3d 94 (2d Cir. 1999).
Mr. McLaughlin successfully prosecuted health care fraud claims against a medical practice on behalf of a large New York based health care insurance company.
In July 2008, Mr. McLaughlin successfully moved to dismiss all claims brought against a consumer products company in a patent infringement suit. Arquest v. Kimberly-Clark Worldwide, Inc., 2008 WL 2971775 (McMahon, J.).
He has represented clients in investigations conducted by the Office of Foreign Asset Control, the Securities and Exchange Commission, the United States Attorney's Office and the New York Attorney General's Office.
Mr. McLaughlin has successfully defended 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.).

Activities
Mr. McLaughlin was a member of the New York City Bar Association Committee on Federal Legislation from 1998-2001.

Mr. McLaughlin serves on the Lawyer’s Committee of the Archdiocese of New York.

Mr. McLaughlin served on the Admissions Committee of the Friendly Sons of Saint Patrick of New York from 2002-2009. He served on the Board of Stewards from 2009-2012. He currently serves as the Vice-President for the Friendly Sons.

Mr. McLaughlin served on the Dean's Advisory Committee to Fordham Law School from 2009-2013 and is a member of the Board of the Fordham Law Alumni Association.

Mr. McLaughlin was the Hiring Partner in the New York office of Venable from 2005-2011 and currently serves on the Board of the firm.

Mr. McLaughlin is an Adjunct Professor of Business Law at Fordham University.

Mr. McLaughlin serves as the Village Attorney for the Village of Pelham Manor, Westchester, NY.

Good to know

Areas of Practice 1) Commercial Litigation, 2) Class Action Defense, 3) Intellectual Property Litigation, 4) Securities Class Action Defense and 5) Litigation
Law School Fordham University School of Law (J.D., 1994)
Education Boston College (B.A., 1991)
Bar Member / Association New York State Bar Association
Most recent firm Venable LLP
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