Brendan Mangan is an experienced litigator who focuses on securities, corporate governance, and other complex commercial matters. He defends companies, officers, and directors against shareholder class actions and derivative claims in state and federal courts. Brendan has also litigated and arbitrated antitrust, intellectual property, and commercial cases across a variety of industries, including computer software and hardware, financial services, aircraft, telecommunications, Internet services, retail, and others.
Practice HighlightsSecurities Litigation
- Defended former officers of national bank against shareholder class actions in federal court. Settled during discovery.
- Lead counsel for public technology company and its officers and directors in defense of shareholder class actions challenging terms of cash-out merger. Settled on non-financial terms and the merger closed on schedule.
- Lead counsel for officers of closely held company in defense of derivative claims for alleged breaches of fiduciary duty. The claims were dismissed upon successive motions for partial summary judgment; defendants were awarded attorneys’ fees.
- Lead counsel for investors in closely held company in lawsuit to enforce the founder’s contractual obligations.
- Internal investigation of stock option grants by public company.
- Defended audit firm against shareholder claims in federal court and related arbitration arising from collapse of regional investment firm.
- Defended officers and directors of major transportation company against derivative claims for alleged corporate waste. Settled on non-financial terms while motion to dismiss was pending.
- Defended officers and directors of major Internet services company against derivative claims for alleged waste and insider trading. Settled favorably after discovery.
- Defended audit firm against receiver’s claims arising from misfeasance of pension fund manager. Settled favorably through mediation after minimal discovery.
- Lead counsel for former officers of publicly traded mortgage company in defense of shareholder class action claims asserted after the company failed. Settled favorably after discovery. Secured recovery on officer’s claim in bankruptcy.
- Defended class action claims by trust beneficiaries against major bank arising from real estate limited partnership investments.
- Litigated claims in state, and federal courts between international investment fund and fund manager.
- Defended audit firm against claims arising from collapse of prominent savings and loan.
Intellectual Property Litigation
- Lead counsel in arbitration on behalf of international electronics firm asserting warranty claims against software developer. Secured award establishing liability and substantial set-off.
- Lead counsel in arbitration on behalf of public software company asserting claims for violation of software license. Settled after rulings establishing liability and limiting counterclaim damages.
- Lead counsel in international arbitration on behalf of biometric services firm asserting contract claims against foreign government agencies. Settled favorably during discovery.
- Lead counsel in arbitration on behalf of payment processing company pursuing contract claims against software developer. Settled during discovery, after injunction forced developer to turn over source code.
- Lead counsel in copyright infringement action on behalf of major entertainment software manufacturer. Settled while our summary judgment motion was pending.
- Defended a major software provider against an injunction action brought by a licensee that challenged the requirements of a logo program. Settled after our opposition papers were filed.
- Defended major software provider against federal court lawsuit alleging breach of software license. Settled while cross-motions for summary judgment were pending.
Antitrust/Consumer Litigation
- Consulting with major credit card issuers regarding compliance with Dodd-Frank, the Durbin Amendment, TILA, and other legislative/regulatory requirements.
- Lead counsel for major airline in defense of antitrust claims by vendor. Settled for nominal amount while motion to dismiss was pending.
- Defense of antitrust counterclaims against major chip manufacturer in its infringement lawsuit concerning telecommunications patents.
- Defended major software company against antitrust claims asserted by defunct maker of computer operating systems.
- Defense of antitrust claims by Department of Justice challenging membership rules of payment card associations.
Other Commercial Litigation
- Lead counsel in defense of claims in federal court brought by minority partners against national provider of wireless telecommunications services. Obtained summary judgment dismissing all claims; affirmed on appeal.
- Lead counsel for national airline in federal court action arising from breach of multi-year contract to maintain fleet of Boeing aircraft. Four-week jury trial resulted in favorable verdict and damage award.
- Lead counsel in action against tax preparer for professional negligence. Settled favorably.
- Pursued insurance coverage claims on behalf of large chemical distributor. Through successive dispositive motions, virtually all coverage needed for environmental clean-up was secured.
- Multiple matters involving Public Records Act requests.