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Matthew N. Lowe

Associate
+1.617.951.9183
Fax +1.617.261.3175
Matthew Lowe is an associate in the firm’s Boston office. Mr. Lowe represents clients in civil litigation in state and federal courts throughout the United States and focuses on the areas of financial services litigation, product liability, class action litigation defense, and commercial disputes. Mr. Lowe has significant experience managing all stages of complex civil litigation from inception through trial and appeal. Mr. Lowe’s practice covers a broad range of claims and statutes, including claims for breach of contract, fraud, and unfair and deceptive acts and practices, as well as claims under various federal statutes, such as the Real Estate Settlement Procedures Act ("RESPA"), the Truth in Lending Act (“TILA”), and the Fair Debt Collection Practices Act (“FDCPA”). Mr. Lowe also advises clients on compliance with statutes and regulations relating to financial services and consumer protection.

Mr. Lowe is the co-author of multiple chapters of the K&L Gates’ treatise entitled Defense of Class Action Litigation in Federal Courts, including chapters regarding pre-certification motion practice and class certification.

Professional Background

Mr. Lowe is an active participant in pro bono matters, including representing individuals in seeking asylum in the United States.

Prior to joining the firm, Mr. Lowe interned with the Civil Division of the United States Attorney’s Office in Boston. Mr. Lowe was a summer associate at K&L Gates in 2009.

Mr. Lowe is also an active community member serving as a member of the Board of Trustees for the Innovation Academy Charter School since July 2018.

Professional/Civic Activities

  • Boston Bar Association
  • American Bar Association

Additional Information

Publications
  • Deepening the Divide: D.C. Circuit Continues Circuit Split Regarding Standing in Data Breach Class Action Based on Risk of Future Harm, Alerts/Updates, July 9, 2019
  • Ninth Circuit U-Turns And Approves Nationwide Class Settlement In Automobile Class Action Involving Potential Variations In States' Laws, Alerts/Updates, June 12, 2019
  • DEFENSE OF CLASS ACTION LITIGATION IN FEDERAL COURT, Book (2018); Co-Author of Chapter 2: Responding to Initial Pleadings and Motion Practice and Chapter 4: Class Certification
  • The Door May Be Open, but the Ride Isn't Free: Seventh Circuit Allows Data Breach Class Action to Survive Pleading Stage but Signals Tough Road Ahead for Plaintiffs, Alerts/Updates, May 8, 2018
  • Massachusetts Supreme Judicial Court Holds Passive Debt Buyers Are Not Debt Collectors Under Massachusetts Law, Alerts/Updates, April 17, 2018
  • Risky Business: Whether an Increased Risk of Harm Supports Legal Standing in Data Breach Class Actions Continues to Divide Federal Courts of Appeals, Alerts/Updates, March 26, 2018
  • No Rubber Stamp: Ninth Circuit Reverses Certification of Nationwide Class Settlement Due to Failure to Account for Variations in State Law, Alerts/Updates, February 6, 2018
  • Back from the Dead: The D.C. Circuit Breathes Life Into RESPA Section 8 Safe Harbor, Alerts/Updates, February 2, 2018
  • Data Breach Doubleheader: The Eighth Circuit Issues Two Decisions Addressing Boundaries of Standing in Data Breach Class Actions, Alerts/Updates, October 9, 2017
  • Proposed Fairness in Class Action Litigation Act of 2017 Seeks to Curb Attorney Abuses of Class Action Device and Expand Class Action Defendant Protections, Alerts/Updates, March 1, 2017
  • Hold On, You Didn’t Overpay for That: Courts Address New “Overpayment” Theory from Plaintiffs in Data Breach Cases, 2 PRATT’S PRIV. & SEC. L. REP. 305 (Nov./Dec. 2016)
  • You Can’t Always Get What You Want: Parties Cannot Change Scope of Judicial Review of Arbitration Awards Under Massachusetts Uniform Arbitration Act for Commercial Disputes, Alerts/Updates, March 14, 2016
  • Your Money Is No Good Here: U.S. Supreme Court Holds That an Unaccepted Rule 68 Offer of Complete Relief Does Not Moot an Individual’s Claims, but Questions Remain, Alerts/Updates, January 22, 2016
  • They’re Just Not That into You: A Brief Summary of How Federal Courts Have Treated the CFPB’s Interpretations of Statutes and Regulations, Alerts/Updates, December 9, 2015
  • Against the Tide: A New Take on RESPA’s Section 8(c)(2) Safe Harbor by the CFPB, Alerts/Updates, August 5, 2015
  • Massachusetts Supreme Judicial Court Rejects Municipal Foreclosure Ordinances, , Alerts/Updates, January 14, 2015
  • Removing a Barrier: The Supreme Court Holds That, Under CAFA, Notices of Removal Need Not Include Evidence Supporting the Amount of Controversy, Alerts/Updates, December 18 ,2014
  • All or Nothing? The U.S. Supreme Court to Address Whether Evidence in Support of Removal Must Be Submitted with the Notice of Removal, Alerts/Updates, April 14, 2014
  • Penmanship Lesson: Technical Defects in Massachusetts Pre-foreclosure Letters Not Grounds For Voiding Foreclosures, Alerts/Updates, March 27, 2014
  • Classy Move: The Supreme Court Rebuffs Class Action Forum Manipulation, Alerts/Updates, March 25, 2013
  • Knowing Where You Are Litigating is Half the Battle: The Supreme Court Hears Oral Argument in Knowles v. Standard Fire Insurance Co. to Decide Whether a Named Plantiff Can Defeat Federal Jurisdiction Under CAFA by Stipulating Not to Seak Damages in Excess of $5 Million, Alerts/Updates, February 6 ,2013
  • Defended national bank in large nationwide class action alleging violations of the Real Estate Settlement Procedures Act (“RESPA”), Racketeer Influenced and Corrupt Organizations (“RICO”), and various common law claims in connection with the provision of mortgage services through an affiliated business arrangement, including opposing class certification, moving for summary judgment, and successfully obtaining a jury verdict in the client’s favor absolving the client of any liability or wrongdoing.
  • Represented large computer manufacturer in nationwide class action asserting data breach and product liability claims arising from software preinstalled on computers, including moving to dismiss various claims, opposing class certification, and negotiating and administering class settlement.
  • Defended national mortgage loan servicers in multiple putative class actions arising from mortgage modifications, including modifications under the Home Affordable Modification Program (“HAMP”) in numerous state and federal courts, including managing voluminous discovery, opposing class certification, moving for summary judgment, and ultimately negotiating and administering class settlement.
  • Defended mortgage lender in nationwide class action alleging violations of the Real Estate Settlement Procedures Act (“RESPA”) arising out of alleged violations in connection with an affiliated business arrangement, including successfully dismissing claims, successfully opposing class certification, participating in mediation, and moving for summary judgment.
  • Advise large financial institution on proper servicing practices for mortgage loans held in residential mortgage-backed securities (“RMBS”) trusts, including coordinating the research and drafting of multiple 50-state surveys on mortgage servicing practices related to lost notes and missing assignments of mortgage.
  • Represented student loan servicer in connection with litigation alleging breach of contract relating to the origination of the loans, including drafting counterclaims and third-party claims, participating in initial discovery, and successfully mediating the case to resolution.
  • Litigated and managed case defending master servicer and servicer of multiple RMBS trusts from tort claims brought by investors, including successfully arguing for dismissal of all claims.
  • Defended mortgagees and loan servicers in cases arising from alleged wrongful foreclosure or eviction, including arguing before Massachusetts Housing Court, briefing motions to dismiss and motions for summary judgment, and engaging in appellate briefing before Massachusetts appellate courts.
  • Litigated and managed numerous cases defending manufacturers in individual cases brought in Massachusetts asserting asbestos exposure claims, including taking and defending depositions, negotiating settlement with opposing counsel, and attending court order mediations.