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Matthew N. Lowe

Associate
+1.617.951.9183
Fax +1.617.261.3175
Mr. Lowe concentrates his practice in general civil and commercial litigation matters, with an emphasis in financial services litigation and class action litigation defense. He also has experience representing clients in the areas of product liability and toxic tort defense.

Mr. Lowe represents a variety of corporate and individual clients in federal and state courts throughout the United States, including Massachusetts, California, Maryland, New York, Virginia, Illinois, New Jersey, and Missouri. He has experience representing mortgage lenders, banks, loan servicers, and other financial institutions in suits alleging violations of various federal and state statutes, including the Real Estate Settlement Procedures Act ("RESPA"), the Equal Credit Opportunity Act (“ECOA”), the Truth in Lending Act (“TILA”), and the Fair Debt Collection Practices Act (“FDCPA”). Mr. Lowe also has experience litigating class and individual actions arising from mortgage loan modification programs, including the federal government’s Home Affordable Modification Program (“HAMP”). In addition, he has litigated cases arising under state statutory law, including state unfair and deceptive acts and practices statutes, and state common law, including contract, tort, and product liability.

Mr. Lowe also represents a number of product manufacturers in product liability actions for a variety of product-types, including marine, fitness, electrical, and computer products. His product liability work includes representing manufacturers in actions alleging asbestos exposure.

Mr. Lowe has experience spanning the course of litigation, including initial responses at the pleading stage, managing discovery, taking depositions, attending court hearing and conferences, trying cases, and engaging in post-trial and appellate briefing. He also has class action trial experience as part of a team that successfully defended a large mortgage lender in a multi-million dollar class action lawsuit. Mr. Lowe also has extensive experience managing discovery, including e-discovery, in large, complex civil litigation.

Professional Background

Prior to joining the firm, Mr. Lowe interned with the Civil Division of the United States Attorney’s Office in Boston. He also served as Chief Topics Editor for the Suffolk Transnational Law Review during law school.

Mr. Lowe was a summer associate at K&L Gates in 2009.

Professional/Civic Activities

  • Boston Bar Association
  • American Bar Association

Additional Information

Publications

  • Against the Tide: A New Take on RESPA’s Section 8(c)(2) Safe Harbor by the CFPB, by Irene Freidel, Brian Forbes and Matthew Lowe, Consumer Financial Services Alert, August 5, 2015.
  • Massachusetts Supreme Judicial Court Rejects Municipal Foreclosure Ordinances, by Gregory Blase, David Christenensen and Matthew Lowe, Financial Institutions and Services Litigation Alert, 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, by Irene Freidel, Ryan Tosi and Matthew Lowe, Consumer Financial Services Alert, 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, by Ryan Tosi and Matthew Lowe, Financial Institutions and Services Litigation Alert, April 14, 2014
  • Penmanship Lesson: Technical Defects in Massachusetts Pre-foreclosure Letters Not Grounds For Voiding Foreclosures, by R. Bruce Allenworth, Andrew Glass, Gregory Blase and Matthew Lowe, Financial Institutions and Services Litigation Alert, March 27, 2014
  • Classy Move: The Supreme Court Rebuffs Class Action Forum Manipulation, by Brian Forbes, Ryan Tosi, David Christensen and Matthew Lowe, Class Action Litigation Defense/Financial Institutions and Services Litigation Alert, 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, by Brian Forbes, Ryan Tosi, David Christensen and Matthew Lowe, Class Action Litigation Defense/Financial Services Institutions and Services Litigation Alert, February 6 ,2013
  • Defend national bank in 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 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;
  • Defend national mortgage loan servicers in 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 and opposing class certification;
  • Advise large financial institution on proper servicing practices for mortgage loans held in residential mortgage-backed securities (“RMBS”) trusts, including coordination of the research and drafting of two 50-state surveys on mortgage servicing practices related to lost notes and missing assignments of mortgage;
  • Manage case defending master servicer and servicer of multiple RMBS trusts from tort claims brought by investors, including successfully arguing for dismissal of all claims;
  • Defend national settlement service providers in individual actions brought in Massachusetts alleging various state law claims, including contract, tort, and unfair and deceptive trade practices in violation of Mass. Gen. L. ch. 93A;
  • Defend mortgagees and servicers in cases arising from alleged wrongful foreclosure, including arguing before Massachusetts Housing Court, briefing motions to dismiss and motions for summary judgment, and engaging in appellate briefing;
  • Pursue post-foreclosure summary process actions on behalf of mortgagees against former mortgagors;
  • Manage 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; and
  • Defend manufacturers in individual product liability cases brought in Massachusetts alleging breach of contract, breach of warranty, fraud, and unfair and deceptive trade practices in violation of Mass. Gen. L. ch. 93A in connection with allegedly defective marine products.