Matthew Mulqueen

Matthew S. Mulqueen represents clients in complex business litigation, with a particular focus on the financial and health care industries. Matt strives to provide creative solutions to clients at every stage of litigation, including early resolution and dismissal of actions, complex motion practice, the collection and review of electronically-stored information, and trial in state and federal courts.

At the appellate level, Matt has represented clients in proceedings before the Tennessee Court of Appeals, the Tennessee Supreme Court, and the Court of Appeals for the Sixth Circuit. Matt has significant experience defending clients in class actions in state and federal court. His recent class action experience includes:

• Defending a national banking association in a proposed class action in state court involving tort and contract claims relating to the posting order of debit transactions.
• Defending a bank holding company, its state-chartered bank, and members of the holding company’s board of directors in a proposed class action in state court alleging fraud, breach of contract and violation of the Tennessee Securities Act.
• Defending a regional hospital system in a proposed class action in state and federal court alleging tort and contract claims relating to third-party liability billing.
• Defending a national lawn care provider in a proposed class action in federal court alleging violations of the Telephone Consumer Protection Act (TCPA), including a successful motion to compel arbitration that resulted in the provider’s dismissal from the class action.
• Financial Services
  • Defending a national banking association in a suit relating to allegedly fraudulent wire transfer.
  • Defending a national banking association in state court action involving claims of fraud, conspiracy, negligence, conversion and violations of the Uniform Commercial Code.
  • Representing a national banking association and its capital markets division and affiliated broker-dealer in federal court action alleging violations of federal and state securities laws, commercial bribery, and aiding and abetting breach of fiduciary duties.
  • Defending a national bank in AAA arbitration involving breach of contract claims relating to transfer of home equity lines of credit under a purchase and assumption agreement.
• Health Care
  • Representing a pharmacy in dispute with national pharmacy benefit manager regarding allegedly improper recoupments following an audit.
  • Successfully assisting a pharmacy seeking reentry into national pharmacy benefit manager’s network following dispute regarding allegedly improper network termination.
  • Representing a pharmacy seeking the return of money wrongfully recouped by a pharmacy benefit manager following a purchase verification audit.
  • Representing a Complex Rehab Technology provider in an unfair competition lawsuit brought against former employees and a competitor.

In addition to his civil litigation practice, Matt serves on the Board of Directors for the Community Legal Center and maintains an active pro bono practice. Recent pro bono work includes obtaining guardianships, filing petitions for special immigrant juvenile status, and representing clients in removal proceedings before the Executive Office for Immigration Review.

EDUCATION:

• St. John’s University School of Law, J.D., 2009, summa cum laude
• Wesleyan University, B.A., Government, 2006

ADMISSIONS:

• Tennessee, 2009
• New York, 2010
• U.S. District Court for the Middle District of Tennessee
• U.S. District Court for the Southern District of New York
• U.S. District Court for the Eastern District of Arkansas

Representative Matters :

• Obtained dismissal of a complaint in federal court alleging that a joint venture Physician Hospital Organization (PHO) violated various antitrust laws by engaging in anticompetitive conduct. The dismissal was with prejudice and terminated proceedings against the PHO in the district court before the commencement of discovery.
• Obtained injunctive relief for global logistics company in state court action involving claims for misappropriation of trade secrets, unfair competition, tortious interference and breach of fiduciary duty.
• Defended a global orthopedics device manufacturer in state court litigation involving claims of breach of separation pay agreements, retaliatory discharge, violations of the Tennessee Public Protection Act and defamation.
• Advised global manufacturer on application of indemnity provision in sales agreement to a vendor’s employees, agents and independent contractors.

Professional Honors & Activities:

• Member – Memphis Bar Association
• Member – Federal Bar Association, Memphis Mid-South Chapter
• Member – Leo Bearman, Sr. American Inn of Court (2013 – 2015)
• Recipient – Memphis Bar Association, Access to Justice – Champion of Justice Award (2017)
• Recipient – Memphis office Clients First Award (2014)
• Recipient – Memphis office Pro Bono Award (2016)