Shawn LuAssociate Boston email@example.com 617 226-3433 617 305-0633
- Washington University in St. Louis B.A., 2007
- Boston University School of Law J.D., 2010
Shawn advises and represents clients from a variety of industries, with a practice emphasis in complex commercial litigation, including business and intra-company disputes and bankruptcy adversary proceedings. Shawn has significant experience in state and federal courts, mediations, arbitrations, and appellate proceedings, including successfully litigating multi-year actions involving contract disputes, breach of fiduciary duty, business torts (including misrepresentation, unfair competition, and violations of consumer protection statutes), corporate law, employment law, and commercial lease disputes. Prior to joining Murphy & King, Shawn clerked for the Justices of the Massachusetts Superior Court.
- Lead counsel for design and distribution company specializing in beauty appliances. Secured $15,000 settlement in lawsuit by Chinese logistics company claiming invoices of over $650,000. (Mass. Super.) Dissuaded Chinese manufacturing company from bringing action for nearly $3,000,000 in invoices with threatened counterclaims for contractual interference, bribery, and conspiracy until lapse of statute of limitations. Favorably resolved several contractual disputes with commercial vendors.
- Represent textile company and executive in lawsuit brought by investment companies seeking to enforce acquired loan instrument, where clients assert that loan acquisition was part of larger agreement requiring investment companies to provide financing and acquire textile company. Summary judgment decision pending. (D. Vt.)
- Defend marketing and distribution company in lawsuit brought by dietary supplement vendor alleging breach of contract and seeking over $11,000,000 in damages. (N.Y. Sup.)
- Represented owner of “Superman Building” at 111 Westminster Street, Providence, RI in 4-year lawsuit seeking more than $54,000,000 and punitive damages against national bank tenant for breaches of lease arising from bank’s improper maintenance of building’s façade and mechanical systems. Following jury empanelment, obtained confidential settlement on eve of trial. (D. R.I.)
- Obtained favorable settlement for litigation support firm against unwinding law firm for unpaid invoices. (Mass. Super.)
- Obtained favorable settlement under threat of summary judgment for investor against former CEO of failed company in action alleging misrepresentation and breach of stock repurchase agreement. (Mass. Super.)
- Represented telecommunications engineer against foreign diplomat and former employer in contract action involving choice of law, enforceability of oral agreement, and international discovery issues. Secured confidential settlement on eve of defendant’s deposition. (E.D. Va.)
Corporate and Employment Litigation
- Counsel for shareholder in LLCs operating chain of New England fitness clubs. Defended shareholder, who opened separate chain of fitness clubs with outside partner, in 3-year action brought by shareholders of original LLCs alleging breach of fiduciary duty and diversion of corporate opportunity and seeking constructive trust over client’s equity interests. Following 20-day trial, obtained favorable judgment, which, although in plaintiffs’ favor against shareholder and outside partner, was substantially below plaintiffs’ demand, and allowed client to retain equity interests and share in plaintiffs’ recovery. Successfully represented shareholder in subsequent appeal, which imposed no additional liability against client and remanded to trial court to allow plaintiffs to pursue claim against outside partner for violations of Massachusetts unfair and deceptive practices act. Represent shareholder in ongoing remand litigation, advocating client’s right to share in any additional recovery against outside partner. (Mass. Super.)
- Lead counsel for restaurant and entertainment company. Advise company on corporate issues, including management and equity structure, capital calls, and EB-5 funding. Represent company and executives in internal shareholder disputes and lawsuits involving contract disputes. (Mass. Super.)
- Successfully defended construction industry software company and executive against terminated executive’s claims for breach of contract and wage act violations, seeking multiple damages. Obtained summary judgment on wage act claim, resulting in favorable settlement including redemption of plaintiff’s company stock. (Mass. Super.)
- As lead counsel, obtained confidential settlement for terminated CEO against company operating online money transfer platforms in lawsuit alleging breach of employment contract, unfair business practices, and violations of California Labor Code and Fair Labor Standards Act. (Mass. Super.)
- As lead counsel, successfully defended Fortune 500 pharmaceutical distribution company against lawsuit alleging discrimination and wrongful termination. Secured final judgment and dismissal of all claims on grounds of plaintiff’s discovery violations. (Mass. Super.)
- As lead counsel, obtained confidential settlement for physician in dispute with hospitalist services provider over locum tenens contract and services provided.
- Litigation counsel to debtor waste disposal companies in adversary proceedings against lending company, where debtors seek rescission and/or reformation of promissory notes which form basis of lending company’s claims. Debtors assert that lending company engaged in predatory practice of “renting charter” of national bank to unlawfully circumvent state usury laws, violating Massachusetts unfair and deceptive practices statute. (Mass. Bankr.)
- Litigation counsel to former executive in adversary proceedings, where Chapter 11 Trustee for investment management firm seeks to recover payments made prior to bankruptcy, which former executive asserts were made in ordinary course of business. (Del. Bankr.)
- Litigation counsel to Chapter 7 Trustee of medical device company in adversary proceedings, where Trustee asserts that equity contributions by certain board members were improperly characterized as fictitious loans, and subsequent “loan repayments” are recoverable as fraudulent transfers. Following briefing on motions to dismiss, secured favorable settlement payments from former board members in excess of $600,000. Representing Trustee in ongoing litigation against other company directors for breach of fiduciary duty for authorizing fraudulent transfers. (Mass. Bankr.)
- Litigation counsel to Chapter 11 Trustee of telecommunications companies which operated multi-level marketing pyramid scheme. Represent Trustee in adversary proceedings to recover fraudulent proceeds from certified class of defendants, so-called “net winners,” who received transfers in excess of what they spent. (Mass. Bankr.)