Matthew D. Clark

Counsel

Overview

Matthew Clark is a commercial and environmental litigator who represents clients in the energy, financial services, insurance, and construction industries in high-stakes litigation and administrative proceedings and appeals. In recent years, Matthew has represented clients in some of Colorado’s highest profile litigation involving disputes with municipalities, with a special emphasis on motion and appellate practice and litigation strategy. Matthew loves nothing more than winning cases on the papers but prepares each case with an eye towards trial, which is why clients trust him and his teams with their most critical litigation matters.

Financial Services Thought Leadership, Counseling and Litigation

Matthew also advises companies – especially those in the financial services sector – on commercial law matters, including payment systems, secured transactions, regulatory matters and privacy issues. A thought leader in the space, Matthew frequently writes and speaks on commercial law, payments and financial regulatory issues. He is the lead author of Clarks’ Oil and Gas Financing Under the UCC, a contributing author to Clarks’ The Law of Secured Transactions Under the Uniform Commercial Code and a frequent contributor to Clarks’ Secured Transactions Monthly and Clarks’ Bank Deposits and Payments Monthly, all published by LexisNexis.

Matthew leverages this payments, regulatory and commercial law experience to assist financial institutions and others with:

  • EFTA, Nacha, GLBA, PCI-DSS, and UCC Articles 3, 4, 4A, and 9 compliance
  • Responding to payment fraud
  • Defending against and asserting claims arising out of payment fraud
  • Transactions and contracts related to payments and fintech services

Prior Experience

Prior to law school, Matthew worked as a technology manager and brand consultant for a brand strategy/advertising firm, where he focused 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. Matthew is an avid gravel and mountain biker, downhill skier and fly fisher.

Credentials

Bar Admissions

Colorado
Washington

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
U.S. District Court for the District of North Dakota

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

Pro Bono

Matthew assists veterans in obtaining benefits owed to them by the federal government.

Professional Associations

        Colorado Bankers Association — Center for Bank Advocacy (2017)

        Colorado Bankers Association — Bank Consultants Group (2020)

Honors

  • Faegre Drinker — Pro Bono Honor Roll, 2021 
  • Faegre Baker Daniels — Pro Bono Honor Roll, 2014-15
Awards Methodology
No aspect of these recognitions has been approved by the highest court of any state.
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