Matthew J. McDonald

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Matthew represents businesses and executives in all aspects of employment and commercial litigation, particularly disputes concerning breaches of contract, trade secrets, discrimination, retaliation, harassment, noncompetition/nonsolicitation agreements, compensation, defamation, and fraud. He has extensive litigation experience, including trying cases in federal courts, conducting dozens of arbitrations in numerous forums, and arguing appeals and injunctions.

Matthew leverages his business education, and experience in all aspects of employment and commercial litigation nationally, to not only assist clients with actual and threatened litigation, but to advise them in a wide range of negotiations and to help oversee successful transactions, including formations, financings, mergers and acquisitions, intellectual property licenses, distressed negotiations and dissolutions. He also assists clients in avoiding lawsuits while achieving their business goals. One of his greatest values is advising clients on how to effectively mitigate a legal risk, instead of simply advising the client to abandon or delay a business goal. Similarly, Matthew frequently works with clients to effectively protect and monetize their confidential, proprietary and trade secret information. He has also given numerous presentations concerning the enforceability and effectiveness of non-competition agreements and the common mistakes employers make in applying one-size fits all restrictions to their employees.

Matthew has extensive experience litigating disputes concerning violations of noncompetition and nonsolicitation agreements, thefts of trade secrets by competitors and/or former employees and breaches of an employee’s duty of loyalty. His experience includes both pursuing and defending claims for monetary damages and injunctive relief and counseling individuals and prospective employers concerning their obligations and how best to avoid litigation. Matthew also regularly defends the full spectrum of discrimination and retaliation claims, including claims brought under Title VII, ADEA, FMLA, ADA, SOX and Dodd-Frank. He frequently represents business in commercial disputes seeking damages ranging from hundreds of thousands to hundreds of millions of dollars, with clients ranging in size from newly formed hedge funds and technology startups to Fortune 500 companies.

Matthew assists clients in a broad range of industries including within financial services, pharmaceuticals, international importing, manufacturing, real estate, regulatory compliance, and technology. His practice is nationwide, and has included matters in New York, New Jersey, Pennsylvania, California, Connecticut, Delaware, Florida, Illinois, Massachusetts, Mississippi, Texas and Wisconsin, before numerous federal and state courts, agencies and departments including the EEOC, OSHA, DOL, FINRA and SEC, and in a wide range of arbitration forums.

Presenter, “Solicitation and Employee Raiding: Rising Battleground in Restrictive Covenant Litigation,” accredited CLE program, February 22, 2023

Author, “NYC Pay Transparency Law Takes Effect: Is Your Company Compliant?,” November 1, 2022.

Author, “Broad Expansion of New York Labor Law Imposes New Requirements on Employers,” January 24, 2022

Author, “The Evolving Salary Ban Minefield,” The National Association of Legal Search Consultants (NALSC) Newsletter, Fall 2021

Author, “The Supreme Court Weakened Federal IP Protections: How Well Are Your Trade Secrets Guarded?” June 30, 2021

Author, “Philadelphia Expands Background Screening Ordinance,” The Legal Intelligencer, April 22, 2021

Author, “Philadelphia Expands Ban the Box Coverage,” April 22, 2021

Author, “SCOTUS Rules That Federal Law Protects Employees From Discrimination Based On Sexual Orientation And Gender Identity,” June 18, 2020

Author, “New York Issues Guidance Concerning COVID-19 Sick Leave,” April 6, 2020

Speaker, “New Practice Areas and Salary Ban Updates,” NALSC Annual Conference, March 27, 2020

Author, “New York Implements COVID-19 Sick Leave Law,” March 24, 2020

Speaker, “So You Say I have a Non-Compete…What Are You Going To Do About It?,” NASPP Annual conference, October 19, 2017