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Lawyers

Brett M. McMahon

Lawyers
Represents clients in a broad range of civil matters, including complex commercial and contractual disputes, professional liability claims and bankruptcy litigation.

Brett represents clients in a variety of civil matters in federal and state courts nationwide, as well as arbitration proceedings, including complex commercial and contractual disputes, actions against professional-services firms and bankruptcy litigation. A significant portion of Brett’s practice involves defending major law firms and individual attorneys against legal malpractice, breach of duty, aiding and abetting, and similar claims.

Brett has extensive experience litigating in the Commercial Division of the New York Supreme Court and in Delaware Chancery Court. He also regularly advises clients on litigation risks in the context of business decision-making, potential transactions and otherwise before an action is commenced, with the goal of helping clients avoid unnecessary litigation or prepare in advance of inevitable litigation.

Experience highlights

  • Obtained dismissal of a malpractice action and award of attorneys’ fees in New York state court on behalf of an international law firm
  • Won dismissal of all claims against an international law firm in action asserting claims for fraud, breach of fiduciary duty, and aiding and abetting fraud and breach of fiduciary duty, which was affirmed on appeal
  • Secured favorable settlement of claims for malpractice, breach of duty, tortious interference, and fraud in New York state court on behalf of an international law firm after obtaining dismissal of nearly all claims on a motion to dismiss
  • Favorably resolved malpractice claims in New York state court on behalf of a national law firm arising from the firm’s representation of a former client in a real-estate financing transaction
  • Secured favorable settlement of malpractice claims in New York state court related to tax advice on behalf of an international law firm
  • Favorably resolved action involving allegations of fraud and breach of fiduciary duty against an international law firm in Los Angeles County Superior Court
  • Represented Magnetation LLC as debtor in possession in Chapter 11 proceedings in the Bankruptcy Court for the District of Minnesota, winning approval of the company’s assumption of its only source of revenue, a 20-year supply agreement, after a bench trial
  • Defended Roche in a breach of contract action in Delaware Chancery Court related to milestone payments under a merger agreement
  • Represented prominent Israeli businessman in two bench trials in Delaware Chancery Court arising from a dispute over corporate control of the agricultural-chemical company he founded
  • Secured favorable settlement on behalf of Marquis Energy and its majority shareholders and directors in AAA arbitration involving a dispute over proposed corporate transactions
  • Represented Comcast and certain affiliates in two bench trials in connection with the bankruptcy of a regional sports network
  • Obtained dismissal of RICO claims in federal court on behalf of a major European industrial manufacturing company, which was affirmed on appeal
  • Obtained dismissal of various multi-billion-dollar shareholder derivative and putative class actions in federal court arising out of Morgan Stanley’s subprime mortgage-related write-down
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Education
J.D., University of Southern California Gould School of Law
  • Order of the Coif
  • Senior Editor, Southern California Law Review
B.A., Political Science, University of Richmond
  • cum laude
Clerkships
Law Clerk, Hon. Cynthia M. Rufe, U.S. District Court, E.D. Pennsylvania, 2006-2007
Professional history
  • Counsel, 2016-present
  • Associate, 2007-2016
Qualifications and admissions
  • State of New York
  • U.S. Court of Appeals, Fifth Circuit
  • U.S. District Court, E.D. New York
  • U.S. District Court, S.D. New York
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