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Alain P. Mathieu

Associate

[email protected]

+1.617.348.1895

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Alain’s practice focuses on complex commercial litigation, including contract disputes, business litigation, and government investigations, as well as institutional class action recovery and product liability.  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 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, immigration, 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 has also served on the Action for Boston Community Development (ABCD) Friends Committee since 2017.

Alain also serves on the Advisory Committee formed by Mintz’s Managing Member to address issues related to the recruitment and retention of minority attorneys. He also serves on Mintz’s Litigation hiring committee. 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 summer law clerk at Free Speech For People, a legal advocacy organization dedicated to 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 held several positions at Bowdoin College, his alma mater, including alumni fund associate in the school’s annual giving office. He also served as a legislative intern for US Senator Kirsten Gillibrand (D-NY).

Education

  • Boston College (JD, cum laude)
  • Bowdoin College (BA, cum laude)

Experience

  • Alongside co-chair of firm’s Sports and Entertainment Practice, successfully represented multiple high-profile American athletes in resolving pre-litigation disputes.
  • Alongside co-chair of firm’s Sports and Entertainment Practice, represented NHL senior team executive in securing favorable outcome in a league investigation.
  • Alongside co-chair of firm’s Sports and Entertainment Practice, represent NHL senior team executive in business dispute with organization.
  • Counsels professional American athletes in connection with personal branding and licensing.
  • Drafted 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.
  • Served as lead junior associate on trial team that successfully secured a seven-figure award before the American Arbitration Association.
  • Representing a Massachusetts-based company and its former board of directors in a litigation 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.

Recognition & Awards

  • The National Black Lawyers Top 40 Under 40 Black Lawyers in Massachusetts (2019-2020)
  • Massachusetts Super Lawyers: Rising Star - Business Litigation (2020)

Involvement

  • 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 Massachusetts (2019 - present)
  • Friends Committee Member, Action for Boston Community Development (ABCD) (2017 – 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)

Languages

- Creole (Haitian)

- French

Viewpoints

Institutional Investor Class Action Recovery IICAR Viewpoints Thumbnail
In a scathing decision by the United States District Court for the Southern District of New York, the Court denied class certification of the Allergan securities class action (“Allergan”). See In re Allergan PLC Sec. Litig., 2020 U.S. Dist. LEXIS 179371 (S.D.N.Y Sept. 29, 2020).
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The August 20, 2020 decision in In re: Volkswagen “Clean Diesel” Mktg., Sales Practices, and Prods. Liab. Litig., MDL No. 2672 CRB (JSC) by the United States District Court for the Northern District of California (“the Opinion”), dismissing a significant portion of the SEC’s federal securities claims against Volkswagen as having been previously released by the DOJ, serves as an important reminder for why such coordination is important and how defendants may take advantage of the failure to coordinate, as did Volkswagen.
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The U.S. Court of Appeals for the Ninth Circuit (“Ninth Circuit”) will soon be presented the opportunity to address the novel question of whether investors who purchase a security in the context of a direct listing, rather than an initial public offering (“IPO”), have standing to bring claims under Sections 11 and 12(a)(2) of the Securities Act of 1933, despite the fact that such investors cannot allege that they purchased shares registered under and traceable to a defective registration statement.
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In ruling on Defendants’ motion to dismiss in the FX Opt-Outs Action, Judge Schofield narrowed the antitrust claims, denied dismissal on the basis of forum non conveniens, and denied dismissal of the unjust enrichment claim.
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Consumer Product Safety Viewpoints Thumbnail
Over the past several weeks, the Firm has received a number inquiries from clients (on both coasts) who are interested in manufacturing or selling test kits, respirators, masks, and other PPE in response to the COVID-19 pandemic, with respect to potential liability risks associated with such activities.
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Recently, the United States District Court for the Central District of California denied the defendants’ motion to dismiss the Second Amended Complaint (“Amended Complaint”) filed in the Toshiba securities litigation. As we previously wrote, in 2016, the district court dismissed the case, holding both that transactions in Toshiba’s unsponsored American Depositary Receipts (ADRs) are not “domestic” transactions as required by Morrison, and also that the plaintiffs’ Japanese law claims must be dismissed due to comity concerns and on forum non conveniens grounds. (link to prior blog). Then, in 2018, the Ninth Circuit reversed this decision, holding that Toshiba ADR trades are domestic, and allowed the defendants to file the Amended Complaint asserting more specific allegations about Toshiba’s connection to the ADR trades. (link to blog on 9th Circuit opinion).
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On November 1, 2019, the United States Court of Appeals for the Second Circuit issued a summary order rejecting the appeal of an objector to the Foreign Exchange Antitrust Settlement. A few weeks earlier, U.S. District Court Judge Schofield had denied a motion filed by the objector and class counsel seeking an “indicative ruling” on their combined motion for approval of an agreement that would have ended the appeal. These two decision clear the way for the remaining distribution from the settlement fund, which totaled over $2.3 billion dollars.
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Last week, the district court entered an order, granting CalSTRS’ motion for intervention for the limited purpose of tolling the statute of repose. While there is no longer a risk that the complaint will be dismissed (the vast majority of Plaintiffs’ claims have since survived dismissal), CalSTRS has successfully preserved its right to opt out if a class is certified. Allowing CalSTRS (and others) to use motions to intervene to toll the statute of repose rather than forcing such putative class members to choose to forego their rights or file their own opt-out action may preserve resources and encourage efficiency of the courts.
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Years after Plaintiffs brought a federal securities complaint against Petrobras, and more than a year after the case settled for approximately $3 billion, Judge Jed S. Rakoff of the United States District Court for the Southern District of New York ordered the unsealing of the majority of documents attached to parties’ summary judgment papers. Cornell University intends to use these documents in an arbitration in Brazil. Not only does Judge Rakoff’s decision come as an important reminder that sealing orders are not intended to last forever, but this decision also demonstrates how a motion to unseal may be used to bypass the traditional requirements of 28 U.S.C. § 1782, frequently invoked by entities seeking to use U.S. discovery in foreign proceedings.
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