Matthew T. McLaughlin
Partner / Co-Leader, Non-Compete & Trade Secrets
Introduction
Matt McLaughlin is a litigator who focuses his practice on complex business disputes and trade secret and restrictive covenant litigation. He represents a range of clients in state and federal courts throughout the U.S.
My focus
I work closely with my clients to resolve their disputes as well as to develop strategies to minimize future litigation risk. Today, I concentrate on four main areas.
Trade Secret and Restrictive Covenant Litigation
I lead the firm’s Non-Compete & Trade Secrets team and have successfully represented clients in restrictive covenant and trade secret disputes in state and federal courts throughout the country, often in connection with requests for preliminary injunctions or other interim relief. I also regularly counsel clients to develop procedures to protect their trade secrets and confidential information.
Private Fund Disputes
I represent private investment partnerships, hedge funds, private equity funds, and other alternative investment vehicles in a variety of disputes across the U.S. I also frequently work with offshore funds and liquidators in the British Virgin Islands and Cayman Islands.
Securities Litigation
I am currently representing the former chairman and CEO of a major pharmaceutical company in multiple federal court securities fraud class actions as well as a derivative action in the Delaware Chancery Court. I represented an international financial services company in several multi-billion-dollar disputes involving residential mortgage-backed securities (RMBS). I also have substantial experience representing and defending corporations, as well as their executives and directors, in connection with SEC investigations and litigation and FINRA arbitrations.
ADA Compliance and Defense
I advise and defend clients regarding ADA Title III compliance matters and disputes, including defending ADA website accessibility claims. I have also successfully resolved such claims pre-litigation.
Representative experience
- Represented international financial services company in several multi-billion-dollar disputes, involving residential mortgage-backed securities
- Represented concrete manufacturer in $100 million dispute brought by commuter railroad
- Obtained seven-figure award, including an award of attorneys’ fees, on behalf of global travel company against multinational computer software company for unfair and deceptive trade practices after several-week trial
- Complete defense verdict after trial on behalf of executive search firm in commercial dispute with brokerage firm
- Successful defense of former CEO of a public company after four-week jury trial in federal court brought by the SEC
- Successful defense of brokerage firm and its registered representative after ten-day FINRA arbitration brought by former investors
- Successful defense of target CFO of a public company in SEC investigation of stock option grants
- Represented independent power producer in a dispute with an African government in arbitration before the International Centre for the Settlement of Investment Disputes (settled)
- Represented fiber optic cable manufacturer in a dispute arising out of breach of supply agreement in arbitration before Stockholm Chamber of Commerce (settled)
- Obtained summary judgment on behalf of client in dispute over enforceability of employment restrictive covenant
- Prosecuted and secured summary judgment award of over $7 million on behalf of investor in dispute with general partner manager of tax credit partnership
Other Experience
- Matt previously served as a special assistant district attorney for the Middlesex District Attorney’s Office, where he prosecuted a range of criminal matters and tried numerous cases to verdict.
Looking ahead
With the continuing rise of a remote and hybrid workforce, employers face a heightened risk of the loss of trade secret and confidential information from an increasingly mobile workforce. Companies should revisit their policies and practices to ensure that they are sufficiently safeguarding their information.
In the news
- Law360
Sam Adams maker says ex-manager stole secrets for rival
Oct 18, 2023This article covers a Boston Beer Company lawsuit against a former employee, alleging the worker accessed confidential information and took it to his new employer, a Boston Beer competitor. Boston partner Matt McLaughlin, who co-leads the firm’s Non-Compete & Trade Secrets team, and Providence Labor & Employment associate Aaron Nadich are mentioned for representing Boston Beer in the case.
- Law360
Marketing companies finally end settlement spat
July 6, 2023This article, which covers the dismissal of Email on Acid LLC v. 250ok Inc. following an agreement between both parties, mentions Boston partner Matt McLaughlin, co-leader of the Non-Compete & Trade Secrets team, for representing 250ok Inc. and Validity Inc. in the case.
- Rochester Business Journal
To avoid lawsuits, companies should make websites ADA complaint
Rochester Corporate partner Jeremy Wolk co-wrote this contributed article analyzing the recent wave of lawsuits against companies whose websites and mobile apps are alleged to be in violation of the Americans with Disabilities Act. The column draws on an NP Alert written by Boston Complex Commercial Disputes partner Matt McLaughlin, Los Angeles Intellectual Property partner Staci Riordan, and Boston Complex Commercial Disputes associate Marx Calderon.Dec 20, 2019 - Bloomberg BayState Business
Non-competes
Labor & Employment partner Jeff Gilbreth and Complex Commercial Disputes partner Matt McLaughlin, both of the Boston office, joined Bloomberg Radio to discuss the new Massachusetts law restricting the use of noncompete clauses by businesses.Sep 26, 2018 - The Boston Globe
Senate approves limits on ‘noncompete’ clauses
Boston Complex Commercial Disputes partner Matt McLaughlin is quoted in this article for his view on the “garden leave” provision in the Massachusetts Legislature’s proposed bill restricting noncompete clauses.July 26, 2018 - Law360
Omnicare Raises Bar on Exec Opinion Suits in 2nd Circ.
Boston Commercial Litigation partner Matt McLaughlin provides commentary in this piece discussing a Second Circuit decision on securities lawsuits over rosy corporate projections that fail to pan out in light of the Supreme Court’s landmark Omnicare ruling.March 7, 2016 - Law360
A Broadening Risk of Securities Liability after <em>Omnicare</em>
Boston Commercial Litigation partners Matt McLaughlin and George Skelly authored this column discussing the “case revival” trend following U.S. Supreme Court's decision in Omnicare Inc. v. Laborers District Council Construction Industry Pension Fund.July 9, 2015 - Boston Business Journal
People on the Move
This coverage notes that Boston Commercial Litigation attorney Matt McLaughlin has been elected to the firm's partnership.Feb 4, 2014
Admitted to practice
Massachusetts
New York
U.S. Court of Appeals, First Circuit
U.S. Court of Appeals, Ninth Circuit
U.S. District Court, District of Colorado
U.S. District Court, District of Massachusetts
U.S. District Court, Eastern District of New York
U.S. District Court, Southern District of New York
U.S. Supreme Court
Education
Boston University, B.A., magna cum laude
Boston University School of Law, J.D.
Professional activities
- Association of the Bar of the City of New York
- Massachusetts Bar Association
- New York State Bar Association,
Recognition
- Recommended in The Legal 500 United States 2024 editorial for Intellectual property - Trade secrets (litigation and non-contentious matters)
Pro bono services
- Matt is also active in pro-bono matters. He has successfully represented a number of refugees seeking political asylum in the United States through Human Rights First and Kids in Need of Defense (KIND)
- He has volunteered to represent clients through the Massachusetts Legal Clinic for the Homeless.
- Matt is an accredited attorney for the prosecution of claims before the Department of Veterans Affairs and assists veterans and their families with claims for benefits, most recently securing a substantial monetary award from the Board of Veterans Appeals on behalf of a veteran’s widow.
Insights And Happenings
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