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.

REPRESENTATIVE ENGAGEMENTS

Commercial Litigation

• As lead counsel for beauty appliance design and distribution company, secured $15,000 settlement in action by Chinese logistics company claiming invoices of over $650,000, dissuaded Chinese manufacturing company from bringing action for nearly $3,000,000 in invoices with threatened counterclaims for contractual interference, bribery, and conspiracy, and favorably resolved contractual disputes with commercial vendors. (Mass. Super.)
• As lead counsel for investor, brought action against former CEO of failed company for misrepresentation and breach of stock repurchase agreement. Obtained favorable settlement under threat of summary judgment. (Mass. Super.)
• Represented HR software company in bringing misappropriation of trade secrets and unfair competition action against start-up competitor. Obtained favorable settlement during discovery phase. (S.D. Fl.)
• Defended textile company and executive in lawsuit brought by investment companies seeking to enforce acquired loan instrument, where clients asserted that loan acquisition was part of larger agreement requiring investment companies to provide financing and acquire textile company. Prevailed on establishing agreement through jury trial and post-trial motions, and obtained favorable settlement. (D. Vt.)
• Defended marketing and distribution company in lawsuit brought by dietary supplement vendor alleging breach of contract and seeking over $11,000,000 in damages. Obtained favorable settlement during jury trial after submitting motion to limit plaintiff’s 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.)
• 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

• 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.
• Defended construction 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.)
• Defended shareholder in LLCs operating chain of New England fitness clubs, 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. Obtained favorable judgment after 20-day trial, 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. Obtained favorable settlement, allowing client to share in additional recovery against outside partner. (Mass. Super.)

Bankruptcy Litigation

• Litigation counsel to debtor waste disposal companies in adversary proceedings against lending company, where debtors sought rescission and/or reformation of promissory notes on basis that lending company engaged in predatory practice of “renting charter” of national bank to circumvent state usury laws in violation of Massachusetts unfair and deceptive practices statute. Obtained favorable settlement during discovery phase. (Mass. Bankr.)
• Litigation counsel to Chapter 7 Trustee of medical device company in adversary proceedings, where Trustee asserted that equity contributions by board members were improperly characterized as loans, and subsequent “loan repayments” were recoverable as fraudulent transfers. Following briefing on motions to dismiss, secured favorable settlement payments from former board members in excess of $600,000. (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.)