Matthew S. Mulqueen

Matthew S. Mulqueen

Baker Donelson, Shareholder

Memphis, Tennessee

Matt Mulqueen represents clients in complex business litigation, with a particular focus on the financial and health care industries. 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 defending clients in class actions in state and federal court. His recent class action experience includes: Defending federal and state banks in proposed class actions alleging claims related to "authorize positive, settle negative" overdraft fees. Defending state-chartered bank in proposed class action alleging claims related to the assessment of multiple return item fees on so-called single items. Defending a national banking association in a proposed class action in state court involving tort and contract claims relating to the posting order of debit transactions. Defending a bank holding company, its state-chartered bank, and members of the holding company's board of directors in a proposed class action in state court alleging fraud, breach of contract and violation of the Tennessee Securities Act. Defending a regional hospital system in a proposed class action in federal court asserting a claim for respondeat superior liability relating to alleged violations of the Employee Retirement Income Security Act (ERISA). The district court dismissed the plaintiff's complaint against the hospital system after holding, as a matter of first impression, that the doctrine of respondeat superior is not available under ERISA as a matter of law. Defending a regional hospital system in a proposed class action in state and federal court alleging tort and contract claims relating to third-party liability billing. Defending a national lawn care provider in a proposed class action in federal court alleging violations of the Telephone Consumer Protection Act (TCPA), including a successful motion to compel arbitration that resulted in the provider's dismissal from the class action. Matt also has substantial experience representing clients in the financial services and health care industries: Financial Services Defending a national banking association in a suit relating to allegedly fraudulent wire transfer. Defending a national banking association in class action involving claims of breach of contract, breach of the covenant of good faith and fair dealing, conversion, unjust enrichment and constructive trust in connection with the assessment of banking fees. Defending a national banking association in state court action involving claims of fraud, conspiracy, negligence, conversion and violations of the Uniform Commercial Code. Prevailing on a motion to dismiss on behalf of national banking association, its capital markets division, and affiliated broker-dealer in state court action involving institutional customer's claims of securities fraud, common law fraud, negligent misrepresentation. Representing a national banking association and its capital markets division and affiliated broker-dealer in federal court action alleging violations of federal and state securities laws, commercial bribery, and aiding and abetting breach of fiduciary duties. Defending a national bank in AAA arbitration involving breach of contract claims relating to transfer of home equity lines of credit under a purchase and assumption agreement. Health Care Representing a pharmacy in dispute with national pharmacy benefit manager regarding allegedly improper recoupments following an audit. Successfully assisting a pharmacy seeking reentry into national pharmacy benefit manager's network following dispute regarding allegedly improper network termination. Representing a pharmacy seeking the return of money wrongfully recouped by a pharmacy benefit manager following a purchase verification audit. Representing a group of specialty pharmacies in administrative proceedings and a state court lawsuit challenging a Medicaid agency's reimbursement methodology for clotting factor replacement therapy. Representing a Complex Rehab Technology provider in an unfair competition lawsuit brought against former employees and a competitor. 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.

Experience

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Baker Donelson
Shareholder
∼ Present
Firm Prospects attorney tracking launched in 2015/2016. Prior employment history currently unavailable.

Connections

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