Matthew T Mclaughlin

February 22, 2018 | New York Law Journal

Matthew T. McLaughlin writes: For nearly three years, the legislature and the governor have wrestled with changes to the Freedom of Information Law in efforts make an award of attorney fees mandatory when the agency unreasonably refuses to produce documents. That day has arrived, and government transparency reformers are smiling.

By Matthew T. McLaughlin

12 minute read

September 29, 2017 | New York Law Journal

Matthew T. McLaughlin writes: Litigants in disputes with public agencies have an opportunity to bring a two-front attack when obtaining documents. The CPLR and the FOIL statutes operate in tandem, and choosing one route does not preclude use of the other. The tandem operation of these two statutes brings, however, an often unappreciated twist. Under FOIL, public agencies enjoy certain exceptions to the obligation to produce documents. Several courts, including three of the Appellate Division departments, hold that the exceptions to production found in the FOIL statute may be used defensively in civil litigation, thereby permitting a public agency to withhold documents for FOIL-based reasons. Recent jurisprudence from the Appellate Division, Fourth Department, has opened a chasm in the intersection between the CPLR discovery devices and the operation of FOIL.

By Matthew T. McLaughlin

8 minute read

September 06, 2011 | New York Law Journal

Matthew T. McLaughlin, a partner at Venable, writes that for long over a decade, there has been a lively debate in the Second Circuit courts as to whether "culpable participation" is a necessary element in a control person claim. The debate over what a §20(a) plaintiff must plead may, however, be less animated than originally thought.

By Matthew T. McLaughlin

11 minute read

December 19, 2006 | New York Law Journal

Matthew T. McLaughlin, a partner at Venable, and Michael C. Hartmere, an associate at the firm, review a recent Southern District decision that reminds practitioners in the U.S. Court of Appeals for the Second Circuit that the tardy invocation of the right to arbitration can result in a waiver of that right if the other party has been prejudiced by the delay.

By Matthew T. McLaughlin and Michael C. Hartmere

11 minute read

May 28, 2008 | New York Law Journal

Matthew T. McLaughlin, a partner at Venable, writes that courts are clear that parties cannot have it both ways: there is a strong judicial bias against switching between litigation and arbitration. What then is the defendant desiring arbitration to do when the plaintiff comes out of the corner swinging and seeks an expedited judicial determination? A defendant seeking to enforce the arbitration clause of a contract must be careful not to waive the right to arbitrate when faced with the predicament of plaintiff's commencement of an action in court.

By Matthew T. McLaughlin

12 minute read

February 03, 2011 | New York Law Journal

Matthew T. McLaughlin, a partner at Venable, and Michael C. Hartmere, an associate at the firm, write that federal courts historically have interpreted the "commercial activities" exception to the FSIA broadly enough to nearly swallow the basic rule of immunity. However, the Second Circuit has, in the last decade, significantly curtailed the application of this exception.

By Matthew T. McLaughlin and Michael C. Hartmere

11 minute read

March 08, 2004 | Law.com

Matthew T. McLaughlin, a partner with Heard & O'Toole, and associate William D. McCracken warn that practitioners in the Second Circuit should keep an eye on AMD v. Intel, a case before the U.S. Supreme Court this term. At stake is the circuit's dominant role in assisting foreign courts and litigants in obtaining discovery in the United States.

By Matthew T. McLaughlin and William D. McCracken

10 minute read