Luke P. McLoughlin

Philadelphia,  PA  U.S.A.
Phone215 979 1167

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Experience & Credentials

Practice Areas

  • Commercial Litigation
  • Appellate Litigation
Contact InfoTelephone: 215 979 1167
Fax: 215 689 4923
University Harvard University, A.B., magna cum laude, 2000
Law SchoolNew York University School of Law, J.D., magna cum laude, 2005
Admitted2006, New York; Pennsylvania; U.S. Court of Appeals for the Second Circuit; U.S. Court of Appeals for the Third Circuit; U.S. District Court for the Southern District of New York; U.S. District Court for the Eastern District of New York

Professional Activities

•American Inn of Court, University of Pennsylvania Law School
•Association of the Bar of the City of New York
-Election Law Committee Member, 2009-2011


Luke P. McLoughlin focuses his practice on complex litigation matters, and has significant experience representing clients in business disputes involving financial instruments, trade secrets, software, and contracts. Mr. McLoughlin represents financial institutions, corporate entities and individual clients in complex commercial litigation matters in federal and state courts throughout the United States, and has represented clients at all phases of litigation, including pre-litigation counseling and investigation, discovery, motion practice, trial and appeal.

Prior to entering private practice, Mr. McLoughlin served as law clerk to the Hon. Marjorie O. Rendell of the U.S. Court of Appeals for the Third Circuit and for the Hon. Leonard B. Sand of the U.S. District Court for the Southern District of New York.

Mr. McLoughlin is admitted to practice in New York and Pennsylvania, and is a member of the American Inn of Court at University of Pennsylvania Law School. He is a 2005 magna cum laude graduate of New York University School of Law, where he was articles editor of the New York University Law Review, and a magna cum laude graduate of Harvard University.

•Duane Morris LLP
- Associate, 2011-present
•Jenner & Block LLP
- Associate, 2007-2011
•U.S. Court of Appeals for the Third Circuit
- Law Clerk to the Hon. Marjorie O. Rendell, 2006-2007
•U.S. District Court for the Southern District of New York
- Law Clerk to the Hon. Leonard B. Sand, 2005-2006

Selected Speaking Engagements
•Speaker, Kingdomware at the Supreme Court, Veterans' Entrepreneurship Task Force (VET-Force) hosted by the SBA Office of Veterans Business Development, September 8, 2015

Selected Publications

•Contributor, Duane Morris Appellate Review Blog
•Co-author, Russia's Personal Data Localization Law Goes into Effect, Duane Morris Alert, October 16, 2015
•Co-author, Russia's New Personal Data Localization Law Goes into Effect in September 2015, Duane Morris Alert, June 15, 2015
•Featured in Litigator in the Spotlight by Jan Wolfe, The American Lawyer, January 2013
•Note, Gingles in Limbo: Coalitional Districts, Party Primaries and Manageable Vote Dilution Claims, 80 N.Y.U. L. Rev. 312 (2005), cited in LULAC v. Perry, 548 U.S. 399 (2006), quoted in Bartlett v. Strickland, 556 U.S. 1 (2009)

Reported CasesRepresentative Matters: Securities and Financial Instruments; Represented an asset manager in a case brought against a financial products unit in the U.S. District Court for the Southern District of New York regarding a $1.5 billion interest-rate swap.; Represented a major U.S. investment bank in a dispute against another bank concerning rights to tens of millions of dollars following a collateralized debt obligation's credit event.; Commercial Litigation; Obtained complete defense verdict on behalf of major development agent for national franchisor in dispute with former business partner. The unanimous jury rejected in its entirety the plaintiff's claim for breach of contract, and awarded complete relief on client's counterclaim for breach of stock purchase agreement.; On behalf of a national bank sued in federal court, obtained dismissal of numerous claims seeking millions of dollars in damages based on alleged breach of an exclusive marketing contract. Following the dismissal of these claims, the case resulted in a settlement the client found favorable.; Part of the defense team that obtained a defense verdict following a three-week trial on behalf of a global tier one software company against a national homebuilder, who sought $18 million in damages, in connection with failed attempts to implement the client's software.; Successfully defended in the U.S. District Court for the District of Minnesota a pre-judgment attempt by a casino to attach assets and enjoin cash services provider from operating its business while case alleging breach of contract and fraud was pending.; Represented an international frac sand and proppant company in litigation involving tortious interference with its entry into the resin-coated sand market.; Counsel to a large New Jersey health system in an action alleging antitrust claims brought by a New Jersey hospital arising out of patient referral arrangements.; Obtained an order from the U.S. District Court for the Eastern District of New York that dismissed a breach-of-contract suit brought against a major car-rental company by a hotel.; Represented a major electronics supplier in an arbitration with one of its key vendors regarding software implementation.; Appellate Litigation; Represent a coalition of veteran-owned small businesses supporting a petition to the U.S. Supreme Court (certiorari granted, June 22, 2015) that seeks to expand the opportunity for veteran-owned small businesses to competitively bid for contracts with the Department of Veterans Affairs.; Represent a national real estate development company in an appeal to the Delaware Supreme Court on claims against a former business partner for breach of fiduciary duty and usurpation of corporate opportunities.; Represented a generic drug manufacturer in appeals to the Pennsylvania Supreme and Superior courts in support of the manufacturer's preemption defense under Pliva v. Mensing to state-law suits.; Obtained an order from the U.S. Court of Appeals for the Second Circuit that rejected an appellant's immediate challenge to district court certification of a RICO class action brought by apartment renters.; Merits team counsel in 2008 Supreme Court case, Crawford v. Marion County Election Board, regarding Indiana's voter identification law.; Pro Bono; Part of a legal team that achieved a landmark settlement in the Southern District of New York on behalf of a class of more than 22, 000 New York City residents who alleged that their landlord systematically violated state and federal laws.
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Office Information

Luke P. McLoughlin

30 South 17th Street
PhiladelphiaPA 19103-7396


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