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Admitted to Practice

  • Washington
  • U.S. District Court Western District of Washington
  • U.S. Court of Appeals 9th Circuit

Brendan T. Mangan

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, electricity generation and transmission, Internet services, retail, and others.

Practice Highlights

Securities / Corporate Governance Litigation
  • Lead counsel for underwriters in defense of claims by limited partnerships concerning attempted investment in state-issued bonds. (Ongoing)
  • Lead counsel for acquirer in action to recover escrow hold-back fund due to pre-merger misrepresentations by acquired company. Obtained substantial recovery. (2015)
  • Lead counsel for regional hospital in action against limited partnerships for failure to make pro rata distributions. Obtained substantial judgment and attorney fee award. (2015)
  • Represented directors of public software company against derivative claims for allegedly inadequate oversight. Settled during discovery. (2015)
  • Lead counsel for Seattle bank holding company and two of its directors in defense of claims arising from devaluation of phantom stock units. Settled shortly before trial. (2013)
  • Defended shareholder challenge to merger of telecommunications companies. Plaintiff voluntarily dismissed the lawsuit after the court granted our motion for a stay. (2013)
  • Defended a public company and its directors against a shareholder action to enjoin votes at the annual meeting. Voluntarily dismissed after we filed papers in opposition to preliminary injunction motion. (2012)
  • 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. (2012)
  • Defended former officers of national bank against shareholder class actions in federal court. Settled during discovery. (2011)
  • Lead counsel for semiconductor 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. (2011)
  • Lead counsel for investors in closely held company in lawsuit to enforce the founder’s contractual obligations. (2010)
  • Internal investigation of stock option grants by public company. (2008)
  • Defended audit firm against shareholder claims in federal court and related arbitration arising from collapse of investment firm. (2005)
  • Defended officers and directors of publicly-held Internet services company against derivative claims for alleged waste and insider trading. Settled favorably after discovery. (2005)
  • 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. (2004)
  • Defended audit firm against receiver’s claims arising from misfeasance of pension fund manager. Settled favorably through mediation after minimal discovery. (2004)
  • 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. (2003)
  • Defended class action claims by trust beneficiaries against major bank arising from real estate limited partnership investments. (1998)
  • Litigated claims in state and federal courts between international investment fund and fund manager. (1997)
  • Defended audit firm against claims arising from collapse of prominent savings and loan. (1994)

Antitrust/Consumer Litigation
  • Lead counsel for Internet services company in defense of consumer class action claims challenging fee disclosures. Defeated motion for class certification. (Ongoing)
  • Lead counsel for major airline in defense of antitrust claims by vendor. Settled for nominal amount while motion to dismiss was pending. (2011)
  • Defense of antitrust counterclaims against major chip manufacturer in its infringement lawsuit concerning telecommunications patents. (2006)
  • Defense of antitrust claims by Department of Justice challenging membership rules of payment card associations. (2004)
  • Defended major software company against antitrust claims asserted by defunct maker of computer operating systems. Settled through mediation. (2003)
  • Ongoing consulting with major credit card issuers regarding compliance with Dodd-Frank, the Durbin Amendment, TILA, and other legislative/regulatory requirements.

Other Commercial Litigation
  • Multiple matters to protect trade secrets from release in response to Public Records Act requests. In one such case, a bench trial resulted in a permanent injunction against release of patent license terms. (2015)
  • Lead counsel for electric utility in arbitration over transmission rights asserted by owner of neighboring high capacity transmission line. (2013)
  • Lead counsel in unrelated actions against tax preparers for professional negligence. Both settled favorably. (2012 & 2015)
  • 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. (2008)
  • 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. (2001)
  • Pursued insurance coverage claims on behalf of large chemical distributor. Through successive dispositive motions, virtually all coverage needed for environmental cleanup was secured. (1998)

Intellectual Property Litigation
  • 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. (2004)
  • Lead counsel in arbitration on behalf of international electronics firm asserting warranty claims against software developer. Secured award establishing liability and substantial set-off. (2002)
  • Lead counsel in international arbitration on behalf of biometric services firm asserting contract claims against foreign government agencies. Settled favorably during discovery. (2002)
  • Lead counsel in arbitration on behalf of payment processing company pursuing contract claims against software developer. Settled after injunction forced developer to turn over source code. (2001)
  • 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. (1999)
  • Lead counsel in copyright infringement action on behalf of major entertainment software manufacturer. Settled while our summary judgment motion was pending. (1996)

Additional Qualifications

  • Former Managing Shareholder, Heller Ehrman LLP, Seattle
  • Judicial Clerk, Hon. Carolyn R. Dimmick, U.S. District Judge for the Western District of Washington, 1987-1989

Professional & Community Activities

  • Former Board Member, Greater Seattle Chamber of Commerce
  • Former Trustee, Intiman Theater

Professional Recognition

  • Selected to "Washington Super Lawyers," Thomson Reuters, 2011-2017
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