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A. Mattison Bogan

Partner

Meridian
1320 Main Street
17th Floor
Columbia, SC 29201
matt.bogan@nelsonmullins.com

Matt Bogan concentrates on civil litigation and issues and appeals, with an emphasis on financial services matters, and on the coordination of appellate, litigation, and trial strategies.  Mr. Bogan often serves alongside trial counsel as embedded appellate counsel leading on motions, objections, and evaluating issue preservation concerns. He has also represented businesses accused of engaging...

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Matt Bogan concentrates on civil litigation and issues and appeals, with an emphasis on financial services matters, and on the coordination of appellate, litigation, and trial strategies.  Mr. Bogan often serves alongside trial counsel as embedded appellate counsel leading on motions, objections, and evaluating issue preservation concerns. He has also represented businesses accused of engaging in the unauthorized practice of law which often involves the modern-day intersection of commerce and technology.

 

in the unauthorized practice of law which often involves the modern-day intersection of commerce and technology.

 

Matt Bogan concentrates on civil litigation and issues and appeals, with an emphasis on financial services matters, and on the coordination of appellate, litigation, and trial strategies.  Mr. Bogan often serves alongside trial counsel as embedded appellate counsel leading on motions, objections, and evaluating issue preservation concerns. He has also represented businesses accused of engaging... in the unauthorized practice of law which often involves the modern-day intersection of commerce and technology.

 

Experience

Following is a selected sampling of matters and is provided for informational purposes only. Past success does not indicate the likelihood of success in any future matter.

Experience

  • Serving as issues and appeal counsel at trial in toxic tort and catastrophic injury cases in dozens of matters
  • Defending businesses accused of the unauthorized practice of law (UPL)
    • Defending online mortgage brokers and lead generators on issues concerning regulatory compliance
    • Defending businesses and lawyers in matters concerning attorneys' fees and disbursement of funds
    • Defending entities in the original jurisdiction of the South Carolina Supreme Court regarding the scope of the practice of law, including the intersection of law and technology
    • Defending online publishers of legal forms on issues raising UPL and first amendment concerns
  • Litigation and appellate matters addressing a variety of specific financial services issues, including:
    • Defending False Claims Act allegations, investigations, and qui tam lawsuits
    • Fair Credit Reporting Act
    • Fair Debt Collection Practices Act
    • Representation of financial institutions in matters involving agreements governed by FINRA
    • Home Affordable Modification Program and South Carolina's Supreme Court orders addressing the program
    • Inflated appraisal claims
    • Mortgage foreclosure and documentation issues
    • Real Estate Settlement Procedures Act
    • Taxation and cancellation of indebtedness
    • Truth in Lending Act
    • South Carolina Consumer Protection Code
    • Other state consumer credit protection acts
  • Arguing numerous appeals in the South Carolina appellate courts
  • Representing corporate entities in actions and investigations brought by the South Carolina Attorney General
  • Prosecuting and defending declaratory judgment actions in the original jurisdiction of the South Carolina Supreme Court in matters involving legislative or executive branch pronouncements
  • Defending financial services entities and related businesses in state- and nation-wide class actions in state and federal courts in South Carolina, Arkansas, Mississippi, Ohio, Tennessee, Texas, and West Virginia
  • Lead counsel in numerous modular and manufactured housing defect cases in the Southeast
  • Serving as pro bono co-counsel to the South Carolina Office of Appellate Defense in a variety of appeals or post-conviction proceedings

Oral Arguments

The following is a selected sampling of video archives for recent oral arguments before the South Carolina Supreme Court and is provided for informational purposes only. Past success does not indicate the likelihood of success in any future litigation matter:

Selected Cases

  • Quicken Loans, Inc. v. Wilson, No. 5613, _ S.C. _, _ S.E.2d. _, 2019 S.C. App. LEXIS 6 (Ct. App. Jan. 9, 2019) (South Carolina Court of Appeals holding the lender complied with the South Carolina Attorney Preference Statute)
  • S.C. Pub. Interest Found. & v. S.C. House of Representatives, 2019 S.C. LEXIS 2, 822 S.E.2d 805 (2019) (Supreme Court holding Act 275, the South Carolina Transportation Infrastructure Improvement Act, did not violate the One Subject provision of the State Constitution)
  • TD Bank v. BADD, LLC, 414 S.C. 289, 778 S.E.2d 106 (2015) (Supreme Court reversed the Court of Appeals and held that a foreclosure action which includes a request for a deficiency against a guarantor does not give rise to a right to a jury trial and that certain counterclaims were permissive as plead in response to the foreclosure complaint)
  • Independence Bank v. Buncombe Professional Park, LLC and DeCarlis, 411 S.C. 605, 769 S.E.2d 663 (2015) (Supreme Court reversed the Court of Appeals and held that the bank was entitled to equitable subrogation and a first-priority mortgage on prior personal mortgage to guarantor despite failure of the closing attorney to obtain a subordination agreement)
  • S.C. Prop. & Cas. Ins. Guar. Ass’n v. Brock, 410 S.C. 361, 764 S.E.2d 920 (2014) (Supreme Court held that pursuant to the South Carolina Property and Casualty Insurance Guaranty Association Act a claimant is required to first exhaust all available coverage from solvent insurers, and Guaranty Association is permitted to offset the full limits of such other coverage against its obligations under the Act)
  • Savannah Riverkeeper v. S.C. Dep’t of Health & Envtl. Control, 400 S.C. 196, 733 S.E.2d 903 (2012) (Supreme Court recognized the authority of the Savannah River Maritime Commission as the sole entity empowered by the General Assembly to represent the State of South Carolina in all matters pertaining to navigability and dredging of the Savannah River for use by ocean-going container and commerce vessels)
  • RWE NuKEM Corp. v. ENSR Corp., 373 S.C. 190, 644 S.E.2d 730 (2007) (Supreme Court reversed the circuit court in holding that a material fact dispute existed as to the application of the statute of limitations and plaintiff’s knowledge of a potential claim)

Educational Activities

  • University of South Carolina School of Law
    • President, Student Bar Association
    • Member, Southeastern Environmental Law Journal

Education

  • University of South Carolina School of Law, JD (2004)
    • Student Member, John Belton O’Neall Inn of Court
  • Wofford College, BA, Finance (2001)

Admissions

  • South Carolina
  • Supreme Court of the United States
  • U.S. Court of Appeals for the Fourth Circuit
  • U.S. District Court for the District of South Carolina

Clerkships

  • Law Clerk, The Honorable Jean H. Toal, Former Chief Justice, Supreme Court of South Carolina
  • Law Clerk, The Honorable Richard Mark Gergel, U.S. District Court for the District of South Carolina

Practice Areas

Industries

The bar rules of some states require that the standards for an attorney's inclusion in certain public accolades or recognitions be provided. When such accolades or recognitions are listed, a hyperlink is provided that leads to a description of the respective selection methodology.

  • American Bar Association
  • Defense Research Institute
  • IADC
  • Member, Law School Task Force, South Carolina Bar Association (2005-2006)
  • Chair, Paralegal Task Force, South Carolina Bar Association (2015-216)
  • Former Board Member of the South Carolina Chapter of the Federal Bar Association (2011-2017), Treasurer (2017-2018)
  • South Carolina Supreme Court Historical Society, member
  • Former Co-chair, Young Lawyers Section, Richland County Bar
  • Member, John Belton O'Neall Inn of Court; President (2012-2013); Executive Committee (2010-2012)
  • Board Member, Palmetto Club
  • Board Member, Riverbanks Society
  • University Hill Neighborhood Association, Treasurer (2010-2018)
  • South Carolina Bar Association, House of Delegates and Judicial Qualifications Committee
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