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).
Experience
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.
viewpoints
Two Isn’t Always Better Than One: SDNY Denies Class Certification Where Lead Plaintiff Hired Two Firms
October 21, 2020 | Blog | By Ellen Shapiro
How a Prior DOJ Settlement Doomed a SEC Enforcement Action: A Volkswagen Case Study
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
Connecticut Court Says Intervention Is One Way To Preserve Putative Class Member's Right To Opt Out
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
Mintz Attorney Recognized as Outstanding Young Leader by Greater Boston Chamber of Commerce
November 07, 2023
Fifty-Nine Attorneys Recognized as 2023 Massachusetts Super Lawyers and Rising Stars
October 12, 2023
Alain Mathieu Named to National Black Lawyers 40 Under 40 List
October 26, 2021
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)
Involvement
- 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)
Recent Insights
