Emily Mathieu, Business Litigation

Focus Areas

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.

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.

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.

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.

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.

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.

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

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