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.
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.
Areas of Practice
· Commercial Litigation
· Appellate Litigation
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.
· 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.
· Represent 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 on grounds that the suit failed to state a claim for relief.
· Represented a major electronics supplier in an arbitration with one of its key vendors regarding software implementation.
· Obtained an order from the U.S. Bankruptcy Court for the District of Rhode Island 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.
· 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.
· 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.
· 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
· 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
· 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, 129 S.Ct. 1231 (2009)