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Professional background
Biography image

Emily J.Mathieu

PartnerVice Chair, Business Litigation Practice GroupNew York Co-Chair, Diversity, Equity & Inclusion Initiativemoc.eniHnospmohT@ueihtaM.ylimE
New York

O 212.908.3963

Emily J.Mathieu

Vice Chair, Business Litigation Practice GroupNew York Co-Chair, Diversity, Equity & Inclusion Initiativemoc.eniHnospmohT@ueihtaM.ylimE
New York

O 212.908.3963

Focus Areas

Complex Contractual Disputes

  • Representing a multinational software implementation services provider in arbitration of breach of contract dispute related to project scope, timing and payment, including issues concerning material breach and application of warranty for services.
  • Representing a multinational business-to-business IT company in breach of contract action seeking $30 million in damages related to unpaid invoices where defendant claimed service agreement was breached when service levels were not met.
  • Representing owner of a portfolio of apparel and household brands in litigations involving brand licensing agreements and intellectual property and advising on various other disputes with vendors and partners.
  • Representing a multinational manufacturing company in dispute arising from customer’s refusal to pay for delivered goods and claiming breach of contract.
  • Representing a multinational manufacturing company in enforcement of guaranty related to purchase agreement, including successful appeal of jurisdictional issue in Second Circuit Court of Appeals.
  • Representing a real estate property manager in enforcement of commercial lease guaranty.
  • Representing a luxury retailer in promissory note dispute with former shareholder.
  • Representing an engineering and construction company in contractual disputes related to indemnification and insurance.
  • Representing a regional food producer and distributor in a contractual dispute with a technology vendor.

Financial Services

  • Representing a bank in action to recover losses from fraud and breach of contract in connection with a merchant account used to process fraudulent credit card transactions.
  • Representing an investment bank in action to recover fee for advising a nonprofit health care system in a merger.
  • Defending a bank and an investment manager in bankruptcy litigation seeking to claw back redemptions from investments in Madoff Ponzi scheme.
  • Defending a bank against claims for compensation for allegedly brokering lending opportunity.
  • Representing a bank in litigation involving potential liability to customers.
  • Representing a company in an international arbitration arising from a securities financing deal.
  • Defending a broker and a clearing firm against customer claims, including in FINRA arbitrations.
  • Representing a financial institution in an internal investigation related to mortgage-backed securities.
  • Defending a hedge fund principal in a securities fraud action related to the fund’s collapse.

Professional Services

  • Representing an accounting and advisory firm in professional malpractice and government enforcement matters.
  • Representing real estate companies in disputes related to real estate services and broker commissions.

Art Law

  • Representing an artist’s estate in a probate dispute.
  • Representing private foundation in dispute with gallery.
  • Defending an art supplies manufacturer against a copyright infringement claim.
  • Defending a fashion retailer against a copyright infringement claim.
  • Representing the family of deceased artist to recover value of artwork damaged in storage.
  • Defending a photographer against Lanham Act, right of privacy, and fraud claims.
  • Providing contractual advice to an arts foundation.

Government Enforcement, Regulatory and False Claims Act

  • Representing a publicly held telecommunications company in False Claims Act qui tam litigation related to the alleged under-collection of certain business telephone charges.
  • Representing an individual in SDNY wire fraud prosecution related to accounting services, ending with judgment vacated via writ of coram nobis.
  • Representing an accounting firm in regulatory matters, investigations and subpoenas.
  • Representing individuals and companies in connection with federal and state government investigations.

Life Sciences

  • Representing a pharmaceutical company in dispute with vendor providing services related to submission of New Drug Application.
  • Defending a pharmaceutical company in a securities fraud class action related to its promotional practices.

Personal Injury and Property Damage

  • Representing a business aviation services company in cases alleging personal injury and property damage, including prevailing on appeal to reverse lower court’s decision and obtain dismissal of claims.
  • Representing an engineering and archaeology firm in litigation arising from an employee maritime fatality.
  • Co-author, “New York Courts Severely Curtail Litigation Activity in Response to COVID-19 Crisis,” Thompson Hine COVID-19 Update, March 2020
  • Co-author, “No Liability for Banks Under New York’s EIPA,” Thompson Hine Business Litigation Update, November 25, 2013
  • “Obligations When Third Parties Control Data,” The New York Law Journal, October 7, 2013
  • Co-author, “Business Litigation Update: Zubulake Discovery Standards Adopted By New York State Courts, Thompson Hine Business Litigation Update, February 28, 2013
  • Co-author, “The Arbitration Fairness Act: Performing Surgery with a Hatchet Instead of a Scalpel?” Albany Law Review, 2010 to 2011
  • Selected to the New York Rising Stars list, 2017

Professional Associations

  • New York City Bar Association, member; Art Law Committee, 2018-2021; Litigation Committee, 2014-2017
  • New York State Bar Association, member, 2022-2023
  • American Bar Association, member, 2014-2017
  • Women in Bio, Metro NY chapter, former Vice Chair for Events and Steering Committee member

Community Activities

  • Neighbors Together, Board of Directors, 2014-2020; Chair, 2018-2020
  • Fordham University Mentoring Program, mentor, 2013-2014
  • NYS Bar Association High School Mock Trial Attorney-Advisor, 2013-2014
  • NYCLU Young Professionals, 2008-2009


  • Columbia Law School, J.D., 2006,

    Kent and Stone Scholar; managing editor, Journal of Gender and Law

  • Fordham University, B.A., 1998,
    summa cum laude

    in cursu honorum

Bar Admissions

  • New York

Court Admissions

  • U.S. Court of Appeals for the Second Circuit
  • U.S. District Court for the Eastern District of New York
  • U.S. District Court for the Northern District of New York
  • U.S. District Court for the Southern District of New York