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Matthew S. Mulqueen

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Matt Mulqueen represents clients in complex business litigation, with a particular focus on the financial and health care industries.

Featured Experience


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.

Professional Biography


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 representing financial service industry clients in complex litigation, including class actions in state and federal court. His recent experience includes matters involving state consumer protection laws, federal antitrust laws, federal and state securities laws, and state law claims based on contract, conspiracy, and aiding and abetting breach of fiduciary duties. Matt also has experience representing banking clients in cases involving the Uniform Commercial Code, including claims related to negotiable instruments and electronic funds transfers.

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.

Before joining Baker Donelson, Matt clerked for the Honorable Loretta A. Preska, Chief Judge of the United States District Court for the Southern District of New York. Matt is a shareholder in the Memphis office.

  • 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.

  • Represented shareholder in state court action seeking restraining order and preliminary and permanent injunctions based on claims of breach of a shareholders' agreement and civil conspiracy.

  • Successfully defended a physician hospital organization against claims that it conspired to boycott a surgery center and two of its physician investors from the outpatient surgery market in the Memphis area in violation of the Sherman Act, as well as state law unfair competition and tortious interference claims in the United States District Court for the Eastern District of Arkansas.

  • Defended a complex breach of contract complaint filed against an individual related to an employment agreement that included non-competition, non-solicitation, and confidentiality provisions. Reached a favorable settlement for the client.

  • Successfully defended a health care provider group in a putative class action lawsuit by a state municipal association alleging violations of the federal RICO Act. Won a motion to dismiss the entire complaint on Article III standing grounds.

  • Successfully defended a health care provider in a class action complaint alleging violations of patent privacy rights. Obtained dismissal of the entire complaint.

  • Won a motion to dismiss on behalf of a large regional bank in a lawsuit alleging the bank committed fraud by representing that its customers had enough funds to repay a loan to the plaintiff. 

  • Named a Mid-South Rising Star by Mid-South Super Lawyers (2014 – 2017)
  • Member – American Bar Association (Young Lawyers Division)
  • Contributing Editor – ABA Section of Litigation's Litigation News
  • Member – Tennessee Bar Association
    • Member – Tennessee Bar Association Limited Partnership Act Drafting Committee
  • Member – Memphis Bar Association
  • Member – Federal Bar Association, Memphis Mid-South Chapter
  • Member – Leo Bearman, Sr. American Inn of Court (2013 – 2015)
  • Member – GiVE 365, Community Foundation of Greater Memphis
  • Vice President – Board of Directors, Community Legal Center
  • Recipient – Memphis Bar Association, Access to Justice - Champion of Justice Award (2017)
  • Recipient – Memphis office Pro Bono Award (2016)
  • Recipient – Memphis office Clients First Award (2014)
  • Recipient – Memphis Associate of the Year (2013)
  • Co-Chair – St. John's Public Interest Law Committee (2009)
  • Dean Mary C. Daly Memorial Prize (2009)
  • Ned D. Frank Award (2009)
  • International Academy of Trial Lawyers Award (2009)
  • "Bank Fee Class Action Litigation Including Current Trends, What to Expect as a Result of Those Trends, and Vendor and Insurance Considerations," Tennessee Bankers Association (March 2021)

Industries

Education

  • St. John's University School of Law, J.D., 2009, summa cum laude
    • Senior Articles Editor, St. John's Law Review
  • Wesleyan University, B.A., Government, 2006

Admissions

  • Tennessee, 2009
  • New York, 2010
  • U.S. District Court for the Eastern District of Tennessee
  • U.S. District Court for the Western District of Tennessee
  • 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 Northern District of New York
  • U.S. District Court for the Eastern District of Arkansas
  • U.S. Court of Appeals for the Sixth Circuit

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