Alain is an experienced trial lawyer who has argued cases in federal and state courts, the American Arbitration Association, and professional sports league commissioners’ offices. His practice focuses on complex commercial litigation, including contract disputes, business litigation, and government investigations, as well as sports and entertainment, institutional class action recovery, and public finance and bankruptcy-related litigation. He is an active member of the firm’s Sports & Entertainment practice, where he counsels clients in personal business, branding and licensing, league compliance, investigations, and litigation. He is also an active member of the firm’s Institutional Class Action Recovery Practice, where he advises institutional investors with respect to the monitoring and evaluation of both foreign and domestic securities class actions. Working closely with colleagues in the firm’s public finance practice, Alain also provides strategic advice to bond trustees and bondholders to protect their rights and to maximize recovery on their holdings in the face of complex litigation in state and federal courts. In addition, Alain is a member of the firm’s interdisciplinary working group focused on the legal and policy implications of emerging artificial intelligence (AI) and robotics technologies. Alain represents clients across numerous industries including sports & entertainment, financial services, retail and consumer products, healthcare and technology and software. In addition, Alain maintains an active pro bono practice, in which he counsels and represents clients in matters related to domestic and sexual violence, asylum, and civil appeals.
Alain currently serves on the Board of Trustees for Crossroads, a youth empowerment organization focused on unlocking the potential of youth leaders in underserved communities by developing their leadership skills, college and career readiness, commitment to community action, and social responsibility. He also serves on the Board of Directors at The Wily Network, a non-profit designed to support students who are experiencing life challenges such as homelessness or foster care, as they work their way through college to graduation and beyond. In addition, he serves on the Advisory Boards of Harlem Lacrosse Boston and The Foundation to Be Named Later, both of which combine his passion for sports and his passion for empowerment of underserved youths, including those from inner-city and ethnic minority populations.
Alain also serves on the Advisory Committee formed by Mintz’s Managing Member to address issues related to the recruitment and retention of Black attorneys. He has served on Mintz’s Litigation hiring committee, and remains actively involved in the firm’s diversity recruitment efforts. In addition, he currently serves on the Boston Bar Association’s Diversity, Equity, and Inclusion Steering Committee, and is a co-chair of its Legal Careers Subcommittee. He previously served as the Boston Chair of Mintz’s minority attorney affinity group (MIATTY), sat on the group’s steering committee, and chaired the group’s Subcommittee on Diversity Recruiting from 2017 to 2020.
During law school, Alain served as a judicial intern for the Honorable Gregory C. Flynn of the Waltham District Court and the District Court Appellate Division. In addition, he was a teaching assistant for a first-year criminal law course, and a law clerk at a legal advocacy organization focused on campaign finance reform. During his final year of law school, he became certified as a mediator in accordance with Massachusetts state law and Supreme Judicial Court of Massachusetts requirements.
Before he attended law school, Alain served as the alumni fund associate in the office of annual giving at his alma mater, Bowdoin College. He also served as a legislative intern for US Senator Kirsten Gillibrand (D-NY).
- Counsels professional athletes and television personalities in connection with personal branding, licensing, and media deals.
- Has represented multiple high-profile professional and amateur athletes in successfully resolving pre-litigation disputes.
- Represents global women’s empowerment media, entertainment, philanthropic and lifestyle company in connection with media contracts and intellectual property.
- Represented award-winning international video-editing house in trademark dispute against major technology company.
- Represented talent management and music publishing agency in trademark dispute against multinational corporation.
- Counsels and represents companies, athletes, and entertainers in connection with trademark and other intellectual property rights.
- Represented NHL senior team executive in securing favorable outcome in a league investigation.
- Represented NHL senior team executive in dispute with former Club.
- Represented NBA basketball team in investigating and resolving claims of racial discrimination.
- Counseled startup professional basketball league in matters related to player contracts, league regulations, and licensing and sponsorship.
- Represented NBA player agent and manager in business dispute against former agency.
- Counsels and represents sports-related non-profit organizations in matters related to incorporation and annual reporting, and charitable initiatives.
- Representing group of municipal bondholders in connection with litigation against underwriter for claims of securities fraud.
- Represented pharmaceutical company in resolving claims of trademark infringement.
- Represented pharmacy benefit manager (PBM) against claims by specialty pharmacy.
- Represented financial services company against two lawsuits by securities traders.
- Represented financial services company in successfully resolving putative consumer class action.
- Authored successful dispositive motion on behalf of a Massachusetts-based pharmaceutical company in a multi-million dollar product liability dispute.
- Counseled major global technology company ahead of its rollout of an artificial intelligence-enabled consumer product.
- Represented beverage destruction and recycling company in securing a seven-figure award for breach of contract before the American Arbitration Association.
- Represented a Massachusetts-based company and its former board of directors in resolving a dispute against a former shareholder and board member.
- Served as a key member of team that successfully represented a California-based biotechnology company in resolving a government investigation.
- Has successfully represented multiple victims of domestic violence at 209A restraining order extension hearings, including a pregnant victim who sought to prevent her abuser from being present at the birth of their child.
- Representing an asylum applicant seeking refuge pursuant to the Convention Against Torture.
Two Isn’t Always Better Than One: SDNY Denies Class Certification Where Lead Plaintiff Hired Two Firms
October 21, 2020 | Blog | By Ellen Shapiro
September 10, 2020 | Blog | By Ellen Shapiro
Ninth Circuit to Determine Whether Direct Listing Purchasers Have Standing Under Sections 11 and 12 of 1933 Act
August 25, 2020 | Blog | By Alain Mathieu, Joel Rothman
When A Relationship Is Insufficient: Opting Out of the FX Antitrust Class Action Requires Clear Indication
July 9, 2020 | Blog | By Ellen Shapiro
Federal Government Provides Liability Immunity to Manufacturers and Distributors in Fight Against COVID-19: What Companies Need to Know
April 7, 2020 | Blog | By Brian Dunphy, Daniel Herling, Alain Mathieu
Federal Court Denies Toshiba’s Motion to Dismiss, Allowing Exchange Act Claims Covering Transactions in Unsponsored ADS to Proceed Alongside Japanese Law Claims Covering Common Shares
February 19, 2020 | Blog | By Joel Rothman
Second Circuit Summarily Affirms the Attorneys’ Fees Award in the Foreign Exchange Antitrust Settlement after District Court Rejects Class Counsel’s Side Deal with the Objector
December 2, 2019 | Blog | By Joel Rothman
October 10, 2019 | Blog | By Ellen Shapiro
Judge Rakoff Unseals Documents in Petrobras Securities Class Action To Allow Use in Foreign Arbitration, Bypassing Traditional Requirements of 28 U.S.C. § 1782
August 14, 2019 | Blog | By Ellen Shapiro
News & Press
Recognition & Awards
- Chambers Diversity & Inclusion Awards- Shortlist - Diversity & Inclusion Future Leader in North America (2021)
- Best Lawyers In America "Ones to Watch": Commercial Litigation (2023-2024)
- Best Lawyers in America "Ones to Watch": Entertainment and Sports Law (2024)
- The National Black Lawyers Top 40 Under 40 Black Lawyers in Massachusetts (2019-2023)
- Massachusetts Super Lawyers: Rising Star - Business Litigation (2020-2022)
- The National Black Lawyers Top 40 Under 40 Black Lawyers Nationally (2021)
- Greater Boston Chamber of Commerce: Boston Future Leaders Program (2021)
- Massachusetts Supreme Judicial Court Standing Committee on Pro Bono Legal Services- Pro Bono Honor Roll (2020-2021)
- Advisory Board Member, Harlem Lacrosse Boston (2023 - present)
- Advisory Board Member, The Foundation to Be Named Later (2023 - present)
- Board Member, The Wily Network (2021 - present)
- Committee Member, Boston Bar Association Diversity, Equity, and Inclusion Steering Committee (2020 - present)
- Co-Chair, Legal Careers Subcommittee of the Boston Bar Association Diversity, Equity, and Inclusion Steering Committee (2020 - present)
- Committee Member, Boston Bar Association Business and Commercial Litigation Steering Committee (2020 - present)
- Board Member, Crossroads (2019 - present)
- Bowdoin Regional Admissions Volunteer Organization Member, Bowdoin College Admissions Office (2014 – present)
- Alumni Fund Class Agent, Bowdoin College Office of Annual Giving (2012 – present)
- Friends Committee Member, Action for Boston Community Development (ABCD) (2017 – 2019)