Luke P. McLoughlin practices in the area of complex commercial litigation and appellate litigation. He has significant experience with claims by and against institutions relating to derivatives and other financial transactions. Mr. McLoughlin's appellate experience includes several briefs filed with the Second Circuit and the Supreme Court.
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 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.
Areas of Practice
ˇ Commercial Litigation
ˇ Appellate Litigation
Representative Matters
ˇ Obtained an order from the U.S. Bankruptcy Court for the District of Rhode Island an order rejecting as baseless a demand that sanctions be imposed on our client, a medical device manufacturer. The court expressly adopted the memorandum of law filed on behalf of our client as the basis for its ruling.
ˇ Represent 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.
ˇ Lead associate representing 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.
ˇ 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 on grounds that the suit failed to state a claim for relief.
ˇ Lead associate for 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.
ˇ 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.
ˇ Lead associate representing a major electronics supplier in an arbitration with one of its key vendors regarding software implementation.
Professional Activities
ˇ Association of the Bar of the City of New York
-Election Law Committee Member, 2009-2011
Experience
ˇ Duane Morris LLP
- Associate, 2011-present
ˇ Jenner & Block LLP
- Associate, 2007-2011
ˇ U.S. Court of Appeals for the Third Circuit
- Law Clerk to the Hon. Marjorie O. Rendell, 2006-2007
ˇ U.S. District Court for the Southern District of New York
- Law Clerk to the Hon. Leonard B. Sand, 2005-2006
Selected Publications
ˇ 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, 129 S.Ct. 1231 (2009)