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Partner
Litigation & Intellectual Property Practice
New York
(212) 309-1046 Phone
(212) 309-1100 Fax
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| Practices |
Climate Change Law
and Policy
Litigation
New Source Review
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Mr. Regan is a litigator. His practice focuses on business litigation and sophisticated contract and tort disputes, with a particular emphasis on cases involving novel legal claims, frequently addressing jurisdictional and other substantive and procedural issues in dispositive motions. Mr. Regan's representations frequently include clients in the energy, financial services, technology and pharmaceutical industries. He has served on the firm's Recruiting and Pro Bono Committees and currently is the New York office representative on the Associates Committee which directs associate development firmwide.
Relevant Experience 
- Obtained dismissal in highly publicized nuisance lawsuits brought by New York Attorney General Elliot Spitzer, other state Attorneys General and several private land trusts alleging that various utilities substantially contribute to global warming: State of Connecticut, et al. v. American Electric Power, et al. and Open Space Institute, Inc., et al. v. American Electric Power, et al., 406 F.Supp.2d 265 (S.D.N.Y. 2005), appeal pending. Mr. Regan was the principal liaison with the court and with all Attorneys General. He also presented oral argument on jurisdictional issues on behalf of several defendants in the case.
- Obtained dismissal of putative statewide class action lawsuit seeking compensation under theories of nuisance, negligence, trespass and fraudulent concealment for all damages arising from Hurricane Katrina on the ground that defendants' emissions of carbon dioxide contributed to global climate change and thereby intensified the storm and its resultant damage.
- Representing several national energy companies in mass tort suit seeking injunctive relief and money damages arising from alleged impact of climate change on native Alaskan village.
- Tried multi-week bench trial concerning implementation of federal energy tariffs governing allocation of project development costs for new power generation facilities.
- Prevailed for energy industry client in first-impression matter involving applicability of federal filed-rate doctrine to deregulated wholesale energy market, achieving significant stay of federal court case under the primary jurisdiction doctrine.
- Representing leading energy company in alleged securities fraud investigation by Attorney General under New York's Martin Act.
- Advising energy industry clients with respect to SEC disclosures and proceedings.
- Obtained dismissal for Fortune 50 bank in putative RICO class action arising from international fraud allegedly committed by the Trans Continental family of companies and former boy-band producer Lou Pearlman.
- Representing Fortune 50 bank in suits related to credit default derivative swap transactions and CDOs in which counterparties seek to vitiate collateral obligations.
- Successfully defended national bank in suit by hedge fund concerning alleged violations of equity conversion rights in credit agreement, allegedly frustrating fund's opportunity to acquire majority interest at substantial discount.
- Member of team that obtained dismissal for leading bank, under the act-of-state doctrine, in putative class action challenging terms of a domestic bond offering available exclusively to India foreign nationals.
- Advised public directors with respect to settlement in In re IPO Securities Litigation.
- Prepared and counseled witnesses before state and federal grand juries, including In re Tyco Grand Jury.
- Part of team investigating, counseling and defending claims arising from the alleged Black Market Peso Exchange and related legal issues including extraterritorial application of the RICO Act and the federal Revenue Rule.
- Second-chaired trial arising out of novel tax-advantaged, REIT property exchange program involving sophisticated hedging vehicles, resulting in dismissal of adversary's claims and pre-verdict settlement payment to client.
- Litigated customer and broker disputes before NYSE and NASD arbitral panels, including trial of brokerage customer claim arising from portfolio liquidation and margin calls on commodity futures account during market crash.
- Successfully defended internet search engine in challenge under the Lanham Act to advertising program, obtaining dismissal on the ground that engine's internal use of trademarked names -- allowing competitors to use trademarked names as triggers for their own advertising -- did not constitute a "trademark use" because such use was not visible to the public. (2006 WL 2811711 (N.D.N.Y))
- Prosecuted patent infringement actions in federal courts concerning one of the world's most successful prescription pharmaceuticals.
- Successfully prosecuted case before WIPO to recapture celebrated athlete's domain name from cybersquatter, a result highlighted in Sports Illustrated (WIPO, No. D2000-0598).
- Led team of attorneys obtaining summary judgment to defeat contract and tort claims related to software licensing agreement and prevail on counterclaims for payments due.
- Defended telecom industry dispute involving breaches of alleged exclusive national distributor and maintenance agreement, misappropriation of intellectual property and tortious interference with third-party contracts.
- Defended claims and prosecuted counterclaims for national hotel chain against Fortune 100 telecom provider, defeating motion to dismiss under filed-tariff doctrine by showing that services had been "de-tariffed" by the FCC.
- Part of team of attorneys who prosecuted constitutional and statutory challenge under CPLR Article 78 to arbitration procedures established by NYCTA with respect to contract disputes, resulting in vacatur of penalties and liquidated damages.
- Obtained summary judgment in multi-plaintiff action alleging sexual harassment, pregnancy and disability discrimination and other improprieties, establishing several points of first impression under Nevada law. (2001 WL 681782 (Nev. Dist. Ct.)).
- Won summary judgment in long-running multi-plaintiff case alleging same-sex harassment, retaliation and assault (NYS Sup. Ct. Onondaga Co., Case No. 98-0413).
- Mr. Regan's diverse pro bono practice has included:
- Achieving political asylum for two Tibetan refugees
- Successfully prosecuting action under the Hague Convention on International Child Abduction
- At the request of SDNY judge, representing elderly woman swindled from her home in a 20-year fraud, resulting in return of her property by settlement
- Service commitment to the SDNY Pro Se Mediation Program
Background
- Associate, Cahill Gordon & Reindel, 1998–2000
- Law Clerk, Hon. Kevin Thomas Duffy, U.S. District Court, Southern District of New York, 1996–97
Membership
- Listed in NYC Superlawyers for Business Litigation
- Federal Bar Council
- Inn of Court, Barrister and Member since inception
- Co-chair, FBC Spring Judicial Reception
- NYS Bar Association
- Commercial & Federal Litigation Section
- Society of the Friendly Sons of St. Patrick
- Member, Board of Visitors, The Catholic University of America, Columbus School of Law
- Admitted to practice: New York State; United States Court of Appeals for the Second Circuit; United States District Courts for the Southern, Eastern, Northern & Western Districts of New York
Education - J.D., The Catholic University of America, Columbus School of Law, Editor-in-Chief, Law Review, 1996
- B.A., College of the Holy Cross, 1993
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Shawn Regan
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