Overview

Matthew Clark represents clients on commercial litigation and appeals, including complex contract, creditor/debtor, class action, construction, real estate, trade secret, intellectual property and manufacturing disputes. Matthew also advises financial institutions, energy companies and service providers, and mineral rights owners on secured oil and gas lending, mineral rights, and lien issues.

Financial Litigation

Matthew assists financial services clients by:

  • Defending national banks against claims of wrongful foreclosure and wrongful/predatory lending
  • Protecting lender lien interests in lawsuits brought by third parties against borrowers, such as condominium lien foreclosures, partition actions, adverse possession actions and drug forfeiture proceedings
  • Enforcing borrower loan obligations
  • Defending banks and payees against claims involving check deposits and electronic funds transfers

Past Experience

Prior to law school, Matthew worked as a technology manager and brand consultant at a brand strategy firm, focusing on the food and beverage, packaged consumer goods, and technology sectors.

Personal Interests

While studying at the University of Chicago, Matthew was a five-time letterman in soccer and track, earning soccer team defensive MVP.

Credentials

Bar Admissions

Washington
Colorado

Court Admissions

U.S. Bankruptcy Court, District of Colorado
U.S. Court of Appeals for the Tenth Circuit
U.S. District Court for the District of Colorado
U.S. District Court for the Eastern District of Washington
U.S. District Court for the Western District of Washington

Education

University of Arizona James E. Rogers College of Law
J.D. cum laude, Arizona Law Review (editor-in-chief) (2007)

University of Chicago
B.A. with honors (1995)

Insights & Events

Other Perspectives
  • Clarks' Oil and Gas Financing Under the UCC: Perfecting and Enforcing Security Interests (LexisNexis Book)
    Co-author
  • The Law of Secured Transactions Under the UCC (LexisNexis Treatise)
    Contributing author
  • Third Circuit Rules that Downstream Purchasers Take Free of Producers’ Statutory Oil & Gas Liens
    Clarks' Secured Transactions Monthly, July 2017
  • Litigation Update for Compliance Officers: Court Decisions Impacting Your Bank
    Co-presenter, American Bankers Association Regulatory Compliance Conference, June 2017
  • Debt Purchasers Collecting on Their Own Behalf are not “Debt Collectors" Under the FDCPA
    Clarks' Bank Deposits and Payments Monthly, June 2017
  • What Lenders Must Know About The FSMA: Part 1
    Editor, Law360, June 2017
  • What Lenders Must Know About The FSMA: Part 2
    Editor, Law360, June 2017
  • What’s a Bank? OCC’s Special Purpose Fintech Charter May Test the Limits
    Clarks’ Bank Deposits and Payments Monthly, March 2017
  • Tribal Payday Lending Entities Suffer Setbacks
    Clarks' Bank Deposits and Payments Monthly, January 2017
  • FINCEN Email Fraud Advisory Appears to be Inconsistent With UCC Article 4A Provisions and Wire Transfer Realities
    Clarks' Bank Deposits and Payments Monthly, November 2016
  • Cybersecurity Update: FFIEC Guidance & Beyond 
    Clarks' Bank Deposits and Payments Monthly, October 2016
  • Supreme Court Agrees to Hear Credit Card Anti-Surcharge Case 
    Clarks' Bank Deposits and Payments Monthly, September 2016
  • New OCC Credit Card Lending Booklet Identifies Risks and Provides Compliance Guidelines for Credit Card Debt 
    Clarks' Bank Deposits and Payments Monthly, July 2016
  • Bank’s Sweep of Deposit Account Isn’t a Bankruptcy Preference 
    Clarks' Bank Deposits and Payments Monthly, June 2016
  • Chief Compliance Officer Successfully Pleads BSA Whistleblower Claim
    Clarks' Bank Deposits and Payments Monthly, May 2016
  • SemCrude Case Study: Secured Financing Lessons From the Last Oil & Gas Downturn
    EMLF 36th Annual Institute, 2015
  • Retailers and Banks Split on Cardholder Verification
    Clarks' Bank Deposits and Payments Monthly, November 2015
  • Managing Bank Risk with the FFIEC Cybersecurity Assessment Tool 
    Clarks' Bank Deposits and Payments Monthly, November 2015
  • Another Oil and Gas Decision With Article 9 Implications
    Clarks' Secured Transactions Monthly, August 2015
  • Failure to File Continuation Statements Bites Bank
  • Lessons from the Semcrude Bankruptcy on Safeguarding Oil and Gas Security Interests
    Clarks' Secured Transactions Monthly, February 2015
  • Another Win for Banks—and the UCC—Against Claims by Lawyers Caught in International Check Fraud 
    Clarks' Bank Deposits and Payments Monthly, February 2015
  • Nebraska Court Dismisses Claims Against Lawyer Related to Alleged Unauthorized Filings of Termination Statement
    Clarks' Secured Transactions Monthly, January 2015
  • New York Bankruptcy Court Explores the Difference Between 'Needlessly Convoluted' and 'Seriously Misleading' Collateral Descriptions
    Clarks' Secured Transactions Monthly, December 2014
  • New York’s Highest Court Tepidly Approves Contractual Cutdown of Statute of Repose
    Clarks' Bank Deposits and Payments Monthly, May 2014

Leadership & Community

Professional Associations

  • Colorado Bankers Association — 2017 Center for Bank Advocacy

Honors

  • Faegre Baker Daniels — Pro Bono Honor Roll, 2014-15
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