Shannon Mader

Shannon Mader is Of Counsel in the Century City office of Gibson, Dunn & Crutcher, where he practices with the firm’s Litigation Department and is a member of its Antitrust and Trade Regulation, Law Firm Defense, Transnational Litigation, and Intellectual Property Practice Groups.

Shannon has represented clients in a wide range of matters in state and federal courts, at both the trial and appellate levels.

Representative RICO matters include:

• Worldwide Directories, S.A. De C.V. v. Yahoo! Inc. Represented Yahoo! Inc. and Yahoo! Mexico in connection with a $2.75 billion civil RICO claim brought by two Mexican companies. Plaintiffs asserted claims for RICO, conspiracy to violate RICO, fraud and civil conspiracy based on alleged misconduct in an underlying Mexican lawsuit where Yahoo and its attorneys successfully overturned a $2.75 billion trial court judgment. Specifically, plaintiffs alleged that Yahoo and its Mexican attorneys improperly attempted to influence the trial court judge and wrongfully obtained the reversal of the trial court’s unprecedented and meritless judgment. The District Court granted Gibson Dunn’s motion to dismiss, holding that plaintiffs did not properly allege continuity, did not plausibly allege any RICO predicate acts, and did not plausibly allege that Yahoo conducted the affairs of a RICO enterprise. The court also rejected plaintiffs’ argument that the non-final trial court judgment constituted a property interest under RICO.
• Kan-Di-Ki, LLC v. Sorensen et al. Represented two senior executives of a skilled nursing home operator in a RICO action alleging predicate acts of mail and wire fraud, extortion, bribery, and obstruction of justice. The District Court granted Gibson Dunn’s motion to dismiss, finding the plaintiff failed to adequately plead continuity. The Ninth Circuit affirmed.
• Bui v. Nguyen. Represented a successful music entrepreneur and a closely held company in a RICO action arising out of a real estate dispute. The District Court granted Gibson Dunn’s motion to dismiss, finding the plaintiff failed to adequately plead an enterprise and sufficient predicate acts.

Representative Transnational matters include:

• Chavez v. Dole Food Co., Inc.; Chaverri v. Dole Food Co.; Patrickson v. Dole Food Co.; Marquinez v. Dole Food Co.; Macasa v. Dole Food Co.; Dow Chem. Corp. v. Blanco. Represent an international producer of fresh fruit and vegetables in connection with mass tort actions filed by thousands of foreign agricultural workers. Multiple courts have rejected plaintiffs’ class action tolling arguments, and held that plaintiffs’ claims are time-barred.
• Worldwide Directories, S.A. De C.V. v. Yahoo! Inc. Represented Yahoo! Inc. and Yahoo! Mexico in connection with a $2.75 billion civil RICO claim brought by two Mexican companies. Plaintiffs asserted claims for RICO, conspiracy to violate RICO, fraud and civil conspiracy based on alleged misconduct in an underlying Mexican lawsuit where Yahoo and its attorneys successfully overturned a $2.75 billion trial court judgment. Specifically, plaintiffs alleged that Yahoo and its Mexican attorneys improperly attempted to influence the trial court judge and wrongfully obtained the reversal of the trial court’s unprecedented and meritless judgment. The District Court granted Gibson Dunn’s motion to dismiss, holding that plaintiffs did not properly allege continuity, did not plausibly allege any RICO predicate acts, and did not plausibly allege that Yahoo conducted the affairs of a RICO enterprise. The court also rejected plaintiffs’ argument that the non-final trial court judgment constitutes a property interest under RICO.

Representative Antitrust and Trade Regulation matters:

• Roxul USA, Inc. v. Armstrong World Industries, Inc. Represented Armstrong World Industries in a federal antitrust action alleging that Armstrong monopolized or attempted to monopolize the U.S. ceiling tile market through exclusive distribution agreements.
• In re Animation Workers Antitrust Litig. Represented DreamWorks Animation SKG, Inc. in a federal antitrust class action alleging that various animation studios conspired to suppress compensation by agreeing not to actively solicit each other’s employees and by sharing competitively sensitive compensation information.
• AMD v. Intel. Represented Intel Corporation in an antitrust filed by Advanced Micro Devices. AMD alleged that Intel monopolized a worldwide market for microprocessors through alleged exclusive dealing agreements, below cost pricing, manipulation of technological standards and other purportedly anti-competitive conduct.

Representative Law Firm Defense Matters:

• Represented a national law firm in an action for legal malpractice brought by a beneficiary of a trust prepared by the law firm. The parties settled shortly before trial.
• Represented a national law firm in a federal RICO action. Gibson Dunn’s motion to dismiss was granted and affirmed on appeal.
• Represented a prominent labor law firm in a federal RICO action. After Gibson Dunn moved to dismiss the RICO claims against its client, the plaintiffs voluntarily dropped those claims. The remaining claims were later dismissed for failure to plead demand futility.
• Represented a nonprofit legal corporation sued for legal malpractice. Plaintiffs voluntarily dismissed their complaint after receiving Gibson Dunn’s detailed meet and confer letter setting forth numerous, dispositive defenses, including quasi-judicial immunity.
• Represented a national law firm in successfully opposing a motion to disqualify based on an alleged conflict arising out of a purported joint defense arrangement in an unrelated matter.
• Represented a national law firm in an action for legal malpractice brought by the son of a nationally renowned art collector. The trial court granted Gibson Dunn’s motion for summary judgment, holding that the plaintiff lacked standing, that his claim was time-barred, and that he had not established causation. The California Court of Appeal unanimously affirmed, holding that plaintiff’s claims were time-barred under California’s four-year statute of limitations.
• Represented a national law firm in action for legal malpractice, breach of fiduciary duty and other claims. Plaintiffs—various municipal entities embroiled in scandal—sued Gibson Dunn’s client for allegedly negligent advice in connection with certain bond transactions. After discovery confirmed the claims lacked merit and were time-barred, plaintiffs voluntarily dismissed them. The trial court declared Gibson Dunn’s client the prevailing party and awarded costs.
• Represented a national law firm in an arbitration involving a claim of malpractice in connection with a restructuring. Prior to the commencement of arbitration, the arbitrator granted Gibson Dunn’s motion for summary judgment on the statute of limitations.
• Represented a national law firm in an action for legal malpractice and breach of fiduciary duty based on allegedly negligent advice with respect to a series of private placement memoranda. A committee of creditors purported to assert claims on the debtor’s behalf. Shortly after Gibson Dunn filed a motion for summary judgment based on in pari delicto and other defenses, the parties settled.
• Represented a national law firm in an action for malicious prosecution. The trial court granted Gibson Dunn’s anti-SLAPP motion and awarded over $100,000 in attorney’s fees and costs.
• Represented a national law firm and its client in an action for malicious prosecution. The trial court granted Gibson Dunn’s anti-SLAPP motion and awarded over $80,000 in attorneys’ fees.
• Represented a national law firm in an action for legal malpractice and breach of fiduciary duty based on an allegedly defective UCC filing. The trial court granted Gibson Dunn’s motion for partial summary judgment based on the statute of limitations. The parties settled shortly before trial.
• Represented a national law firm in successfully opposing a motion to disqualify.

Representative Hospitality and Gaming Matters:

• Brincko v. Rio Properties, Inc. (In re National Consumer Mortgage, LLC). Second chaired a multi-week federal jury trial concerning 66 alleged fraudulent transfers to a Las Vegas casino. The trial focused on the casino’s compliance with state and federal anti-money laundering regulations. The jury returned a verdict in favor of the casino with respect to 59 of the 66 alleged transfers. The unanimous jury found that the casino acted in good faith in accepting verified cashier’s checks from a known customer and permitting him to gamble.
• Ultra Internet Media, SA v. Caesars Interactive Entertainment, Inc. Represented an affiliate of one of the nation’s largest hotel-casinos in an action for breach of contract and other claims arising out of alleged breaches of a promotional agreement involving the World Series of Poker. The parties settled prior to the close of fact discovery.
• Harrah’s Operating Company v. PROS Revenue Management, LP. Represented one of the nation’s largest hotel-casinos in an action for breach of contract and fraud arising out of a failed software implementation project involving customer relationship management (CRM) software. Gibson Dunn successfully defeated multiple attempts to dismiss the fraud claims. The defendant counterclaimed for trade secret misappropriation. The parties settled prior to the close of fact discovery.of fact discovery.

Representative Securities Matters:

• ScripsAmerica, Inc. v. Ironridge Global LLC. Represented an equity investor in micro-cap public companies in connection with a federal securities fraud claim involving securities issued pursuant to an arms’ length settlement agreement. The court dismissed plaintiff’s market manipulation claim with prejudice, finding the plaintiff did not properly plead manipulation, reliance, or a strong inference of scienter. Following the court’s ruling, Gibson Dunn sought an award of attorney’s fees pursuant to the parties’ settlement agreement. The court granted the motion, awarding Gibson Dunn’s client $269,260 in attorney’s fees.

Representative Intellectual Property Matters:

• Grateful Dead Productions v. Sagan. Represented multiple performers and recording companies in a case asserting trademark infringement, violation of the right of publicity and copyright infringement in connection with defendants’ acquisition of Bill Graham archives and operation of Wolfgang’sVault.com.

Shannon earned his law degree in 2004 from the University of California, Los Angeles, where he graduated Order of the Coif and was a member of the Moot Court Board.  While at UCLA, he was the Roscoe Pound Moot Court Tournament Champion and a recipient of the White O’Connor Moot Court Team Award. Shannon is also the co-author (along with Professor Michael Asimow) of Law and Popular Culture: A Course Book (2d ed. 2013).

Prior to joining the firm, Shannon served as a law clerk to The Honorable Stephen V. Wilson in the United States District Court for the Central District of California.

Shannon is a member of the California Bar.

Capabilities

• Litigation
• Antitrust and Competition
• Appellate and Constitutional Law
• Law Firm Defense
• Transnational Litigation
• Trials

Credentials

Education:

• University of California - Los Angeles - 2004 Juris Doctor
• University of Southern California - 2002 Doctor of Philosophy
• University of Southern California - 1997 Master of Arts
• Georgetown University - 1991 Bachelor of Arts

Admissions:

• California Bar

Clerkships:

• USDC, Central District of California, Hon. Stephen V. Wilson, 2004 - 2005