Emily J. Mathieu
New York Chair, Spotlight on Women
Emily is an experienced litigator who advises and advocates for businesses and individuals in commercial disputes. Her experience includes federal and state court litigation and arbitration in areas of law including complex breach of contract, business torts, and fraud, across a broad range of industries. Emily also provides pre-litigation counseling to reduce risk and solve problems before litigation becomes inevitable.
Emily delivers a level of service that earns her clients' trust and achieves their unique business objectives. She focuses on being proactive and strategic to combat the complexity and uncertainty that are the hallmarks of litigation. Emily collaborates with clients to assess risk and maximize the opportunities for success. She strives to provide clients with a clear view of every project through early case assessment, smart and efficient planning and management, and meaningful communication.
Emily's experience reaches many industries, including financial services, accounting, life sciences, art, fashion, and construction. She has represented clients in contract disputes and business tort claims, indemnification disputes, securities and shareholder litigation, and employment disputes. She also has experience with regulatory matters, criminal defense, and internal investigations.
Emily is on the Art Law Committee of the New York City Bar Association and represents artists through the Volunteer Lawyers for the Arts pro bono program.
Emily supports the life sciences and biotech industries through her work on the steering committee of the Metro New York chapter of Women in Bio and is a former Vice Chair for Events of the chapter.
Emily is the Chair of the board of directors of Neighbors Together, a social services center committed to ending hunger and poverty in some of the lowest-income areas in New York City.
Emily is the New York Chair of Thompson Hine’s Spotlight on Women, a firmwide initiative designed to foster an energetic and supportive atmosphere for women at the firm and within the larger business community.
- 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 FINRAarbitrations
- 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
Complex Contractual Disputes
- 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
Investigations, Regulatory Matters, & White-Collar
- Representing individual accountant charged with wire fraud
- Representing accounting firm in regulatory matters and investigations
Employment and Unfair Competition
- 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
- Selected for inclusion in the New York Super Lawyers Rising Stars list, 2017
- New York City Bar Association, Art Law Committee, 2018-present; Litigation Committee, 2014-2017
- American Bar Association, member, 2014-2017
- Women in Bio, Metro NY chapter, Steering Committee, former Vice Chair for Events
- Neighbors Together, Board of Directors, 2014-present; Chair, 2018-present
- Fordham University Mentoring Program, mentor, 2013-2014
- NYS Bar Association High School Mock Trial Attorney-Advisor, 2013-2014
- NYCLU Young Professionals, 2008-2009