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Alain P. Mathieu


[email protected]



Alain is an experienced litigator and 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. 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, as well as the Concussion Legacy Foundation, a longtime client that is actively working to protect youth, amateur, and professional athletes from traumatic head injuries.

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).


Sports and Entertainment Matters

  • Represent prominent NBA All-Star in all areas of business, sponsorship, and licensing, including a recent global shoe and apparel deal
  • Represent prominent NFL Pro Bowler in wide range of matters, including multiple high-profile endorsement deals in the past year
  • Represent prominent NBA All-Star in all areas of business, sponsorship, and licensing, including multiple high-profile endorsement deals in the past year
  • Represent prominent WNBA All-Star in matters concerning sponsorship and endorsement
  • Represent retired 3x NFL Pro Bowler and multi-year All-Pro Shawne Merriman in matters concerning current businesses, including his MMA league Lights Out Xtreme Fighting
  • Representing Washington Commanders NFL team in ongoing litigation
  • Represented talent management company S10 in trademark litigation
  • Represent Love is Blind (Netflix) stars Cameron Hamilton and Lauren Speed in matters concerning television, sponsorship/endorsement, business, and non-profit
  • Represent retired MLB player Pedro Martinez in matters concerning charitable foundation and business contracts
  • Represent retired Premier Lacrosse League player Kyle Harrison in connection to sports-related businesses
  • Represent NFL Pro Bowler and Defensive Rookie of the Year in matters related to sponsorship and endorsement
  • Represent projected NBA lottery pick in matters concerning name, image, and likeness
  • Represented Overtime Elite in launch of league
  • Represent former Super Bowl MVP and Pro Bowler in business matters
  • Represent former Pro Bowler and Super Bowl Champion in matters concerning sponsorship and endorsement
  • Represent Black Girls Rock! on wide range of legal and business matters
  • Represent multiple high-profile professional and amateur athletes in successfully resolving pre-litigation disputes.
  • Represented award-winning international video-editing house in trademark dispute against major technology company.
  • 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.
  • 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.

Other Litigation Matters

  • Authored successful dispositive motion on behalf of major cellular telecommunications provider in litigation concerning the construction of a wireless communications facility.
  • Representing telecommunications tower developer in litigation against municipality;
  • 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.
  • Successfully represented an asylum applicant seeking refuge pursuant to the Convention Against Torture in federal Immigration Court.
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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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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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News & Press

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BOSTON – Mintz is pleased to announce that Alain Mathieu has been included in the Greater Boston Chamber of Commerce’s Ten Outstanding Young Leaders list for 2023.

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Mintz is pleased to announce that 32 attorneys have been named Massachusetts Super Lawyers and 27 attorneys have been named Massachusetts Rising Stars for 2023.

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Mintz is pleased to announce that DC Office Managing Member Michelle Lipkowitz and Associate Courtney Herndon have been selected for the National Black Lawyers (NBL) “Top 100” list. Additionally, Associates Alain MathieuAllanah WynnLaura Martin, and Chris Lighten have been named to the National Black Lawyers' “Top 40 Under 40”.

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Mintz is pleased to announce that 120 firm attorneys have been recognized as leaders by Best Lawyers® in the 2024 edition of The Best Lawyers in America©.

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35 Mintz attorneys have been named Massachusetts Super Lawyers and 25 Mintz attorneys have been named Massachusetts Rising Stars for 2022.

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Best Lawyers® recognized 108 firm attorneys in the 2023 edition of The Best Lawyers in America©. Notably, two Mintz attorneys – Poonam Patidar and Scott M. Stanton – received 2023 “Lawyer of the Year” awards, and 28 firm attorneys were included in the inaugural edition of Best Lawyers: Ones to Watch.

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Recognition & Awards

  • Diverse Representation (Sports and Entertainment): Ten To Watch In 2024

  • Best Lawyers In America "Ones to Watch": Commercial Litigation (2023-2024)

  • Best Lawyers in America "Ones to Watch": Entertainment and Sports Law (2024)

  • Greater Boston Chamber of Commerce: Ten Outstanding Young Leaders Honoree (2023)

  • The National Black Lawyers Top 40 Under 40 Black Lawyers in Massachusetts (2019-2023)

  • Massachusetts Super Lawyers: Rising Star - Business Litigation (2020-2023)

  • Chambers Diversity & Inclusion Awards- Shortlist - Diversity & Inclusion Future Leader in North America (2021) 

  • 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)

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  • Advisory Board Member, Concussion Legacy Foundation (2023-present)
  • 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)
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