Shanon J. McGinnis

Partner

smcginnis@wargofrench.com

404-853-1575

999 Peachtree Street, NE
26th Floor
Atlanta, GA 30309

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Practice Areas:

Complex Commercial Litigation

Financial Services Litigation

Intellectual Property Litigation

Alternative Dispute Resolution

Appellate Litigation

First Name:

Shanon

Middle Name:

Last Name:

McGinnis

Tabs

Overview

Education and Background:

Southern Methodist University School of Law

J.D., cum laude, 1998
Southern Methodist University Law Review, Articles Editor 1996-1998
Order of the Coif
Best Brief Winner, Jackson-Walker Moot Court Competition
Phi Delta Phi

University of Southern California School of Journalism

B.A., 1994
Dean's Scholar and Dean's Scholarship Recipient, 1990-1994
Dean's List - all four years

Professional Activities:

Recognized as one of Georgia's "Rising Stars" by Atlanta Magazine in 2010

Member of the Business Law and Litigation Sections of the American Bar Association and the Committee on Consumer Financial Services

Member of the Georgia Association of Women Lawyers

Member and serving on the board of the Atlanta Chapter of the Women’s Finance Exchange

Bar and Court Admissions:

Member of the State Bar of California
Member of the State Bar of Georgia
Admitted to practice in the United States District Courts for the Northern and Middle Districts of Georgia, the United States Court of Appeals for the Eleventh Circuit, the Supreme Court of Georgia, and the Georgia Court of Appeals

Representative Matters

Representative Matters:

Defended lenders and national financial services organizations in numerous state and federal court individual and class actions by customers asserting violations of the Truth-In-Lending Act (“TILA”), Regulation Z, the Fair Credit Reporting Act (“FCRA”), the Fair Debt Collection Practices Act (“FDCPA”), the Fair Credit Billing Act (“FCBA”), and various other federal and state consumer protection statutes. In each matter, obtained early dismissal, summary judgment, and/or favorable settlement for the client.
Defended lenders and national financial services organizations in actions by borrowers asserting mortgage-related claims, including allegations of wrongful foreclosure, Real Estate Settlement Procedures Act (“RESPA”) violations, slander to title, breach of contract, and state mortgage statute violations.

Represented national financial services organizations and lenders in litigation involving identity theft, breach of contract, breach of fiduciary duty, deceptive trade practices, intentional infliction of emotional distress, defamation, successor liability, negligence, fraud, Uniform Commercial Code, and licensing claims.

Defended publicly-traded and private companies in individual and class actions brought by current and former employees and by independent contractors, including wage-and-hour and discrimination claims.

Represented publicly-traded company in multi-million dollar bad faith denial of coverage litigation and obtained summary judgment finding coverage available, which ultimately let to favorable settlement.

Defended actions arising from merger and acquisition of certain or all assets, including letter of intent and contract interpretation disputes.

Defeated TRO attempt for business client involved in partnership dispute and dissolution.

Represented clients in patent infringement actions in federal courts and before the International Trade Commission.

Represented clients in both defense and prosecution of copyright, trade secret, unfair competition, Lanham Act and state trademark claims in state and federal courts.

Represented former President and Board of Director member in federal alter ego litigation.

Represented clients, including both business and technology clients, in general commercial matters including breach of contract, licensing, software, and securities disputes.

Represented securities broker-dealers and affiliated persons in arbitration and litigation with customers involving claims of unsuitability, unauthorized trading, failure to supervise, churning, fraud, negligence, and breach of duty.

Represented billboard companies in First Amendment actions challenging appropriateness of city and county sign ordinances.
Represented public company against former employees in multiple actions nationwide involving claims of restrictive covenant violations, tortious inference with customers and employees, and breaches of fiduciary duties and duties of loyalty.
Obtained preliminary injunction enforcing non-competition and non-solicitation agreements after conducting a live evidentiary hearing against a client’s former employee in case pending in the District Court for the Northern District of Georgia.
Obtained order of replevin for client’s electronic devices in possession of former employee in case pending in the Northern District of Illinois.

Published Decisions

Published Decisions:

Dees v. Washington Mutual Bank and JPMorgan Chase Bank, NA, No. 3:10-cv-0045 (CAR), 2010 WL 5349865 (M.D. Ga. Dec. 21, 2010)

Reynolds v. Chase Home Finance LLC, No. 5:10-cv-249-MTT, 2010 WL 4026117 (M.D. Ga. Oct. 13, 2010)

Ray v. Equifax Information Services, LLC, No. 1:04-cv-482, 2009 WL 1025319 (N.D. Ga. Apr. 19, 2009)

Mercer v. Washington Mutual Home Loans, 651 S.E.2d 499 (Ga. App. 2007)

Boone v. JPMorgan Chase Bank, NA, No. 11-10891, 2011 WL 5965788 (11^th Cir. Nov. 30, 2011)

Pacific Indemnity Co. v. Washington Mutual Bank, FA, 418 Fed. Appx. 827 (11^th Cir. 2011) (per curiam)

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