Luke P. McLoughlin is a partner in the Trial Practice Group. Mr. 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, requests for injunctive relief, and trial.  In addition to his trial practice, Mr. McLoughlin represents companies on appeal before the federal and state courts and advises clients in connection with business arrangements and transactions designed to avoid litigation and manage risk. 

Mr. McLoughlin received the 2016 Duane Morris Pro Bono Award for his work representing the National Veteran Small Business Coalition and numerous other national veterans' organizations and veteran-owned businesses as amici curiae before the U.S. Supreme Court in a case affecting billions of dollars of government contracts and thousands of veteran-owned small businesses.

In 2018, Mr. McLoughlin was recognized as a "Lawyer on the Fast Track" by The Legal Intelligencer, a distinction limited to 30 attorneys in the state based on representative client engagements, advocacy and community contributions, service to the bar, and peer and public recognitions.

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.  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
  • Unfair Competition and Trade Secret Litigation
  • Appellate Litigation

Representative Matters

    Trade Secret and Other Complex 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, and awarded complete relief on client's counterclaim. Following post-trial motions, obtained an award of more than $350,000 in attorneys' fees and costs, one of the largest discretionary fee awards in Pennsylvania.
  • Counsel to pharmaceutical vendor management company in federal court case involving breaches of non-disclosure agreements and misappropriation of trade secrets relating to proprietary software; obtained temporary restraining order precluding competitor from using or disclosing client's confidential information.
  • 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.
  • Defended major health care system and medical professional against complaint and motion for injunctive relief based on claims of breach of restrictive covenant and tortious interference with contract. After opposing the injunction, plaintiff withdrew its motion and the matter was favorably settled.
  • Financial Instruments and Financial Institutions

  • 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.
  • Represent an international asset manager; provide counsel in litigation matters, employment matters, and internal investigations.
  • 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.
  • 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.
  • Commercial Litigation

  • Represent international developer and manager of boutique hotels; provide counsel in litigation matters and employment matters
  • Represent acquirer of manufacturing concern in dispute regarding working capital adjustment.
  • Represent provider of advanced medical technologies in obtaining access to major hospital network.
  • Successfully defended in federal court 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.
  • Represented a large New Jersey health system in an action alleging antitrust claims brought by a New Jersey hospital arising out of patient referral arrangements.
  • Represented a major electronics supplier in an arbitration with one of its key vendors regarding software implementation.
  • Appellate Litigation

  • Counsel of record for a national coalition of veteran-owned small businesses before the U.S. Supreme Court in support of a petitioner seeking to expand opportunities for veteran-owned small businesses to competitively bid for contracts with the Department of Veterans Affairs (Kingdomware Technologies, Inc. v. United States, 14-916).
  • Represented 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.
  • Merits team counsel in U.S. Supreme Court case, Crawford v. Marion County Election Board, regarding Indiana's voter identification law.
  • Pro Bono

  • Counsel to the National Veteran Small Business Coalition and numerous other national veterans organizations and veteran-owned businesses as amici curiae before the U.S. Supreme Court in a case affecting billions of dollars of government contracts and thousands of veteran-owned small businesses. Mr. McLoughlin won the 2016 Duane Morris Pro Bono Award for his work in this case.
  • 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.

Admissions

  • Pennsylvania
  • New York
  • Supreme Court of the United States
  • U.S. Court of Appeals for the Second Circuit
  • U.S. Court of Appeals for the Third Circuit
  • U.S. District Court for the Eastern District of Pennsylvania
  • U.S. District Court for the Southern District of New York
  • U.S. District Court for the Eastern District of New York

Education

  • New York University School of Law, J.D., magna cum laude, 2005
  • Harvard University, A.B., magna cum laude, 2000

Experience

  • Duane Morris LLP
    - 2011-present
  • Jenner & Block LLP
    - 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

Professional Activities

  • American Bar Association
  • American Inn of Court, University of Pennsylvania Law School (2012-2015)
  • Association of the Bar of the City of New York
    -Election Law Committee Member, 2009-2011

Honors and Awards

  • Selected by The Legal Intelligencer as a Lawyer on the Fast Track, 2018

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
  • Speaker, Veterans Small Business Forum, Veterans' Entrepreneurship Task Force (VET-Force), July 12, 2016

Selected Publications