Emily Mathieu, Business Litigation, Government Enforcement, Internal Investigations & White Collar Defense, lawyer

Focus Areas

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 an energy technology company in an SEC fraud action
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

Representing an artist’s estate in a probate dispute
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

Representing pharmaceutical company in dispute with vendor providing services related to submission of New Drug Application
Representing biotech company in dispute over distribution and intellectual property rights for cosmetic and agricultural products
Defending pharmaceutical company in a securities fraud class action related to its promotional practices

Representing luxury retailer in promissory note dispute with former shareholder
Representing investment bank in dispute over calculation of transaction fee for advising on nonprofit hospital merger
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
Representing a construction company in disputes against the City of New York

Representing individual accountant charged with wire fraud
Representing accounting firm in regulatory matters, investigations, and subpoenas

Defending against broker dealer “raiding” and unfair competition claims
Representing a broker dealer in an arbitration involving breach of its operating agreement and employment agreements by former managers
Defending a company and its CEO in an employment discrimination and whistleblower case
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

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