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Brendan T. Mangan
Partner
Brendan Mangan is an experienced litigator who focuses on securities, corporate governance, and partnership disputes, as well as other complex commercial matters. He has litigated and arbitrated commercial disputes across a variety of industries, including computer software and hardware, financial services, timber, aircraft, telecommunications, electricity generation and transmission, online services, and others.
Securities / Corporate Governance / Partnership Litigation
- Defending venture capital fund against class action alleging securities claims arising from offering of utility tokens. Settled through mediation. (Ongoing)
- Pursuing post-merger claims on behalf of company founder for fiduciary breaches by director. (Ongoing)
- Lead counsel for ownership group in affiliated timber and mill companies in corporate dissolution action. Settled through mediation. (2020)
- Lead counsel for majority owners of affiliated timber and real estate development companies in corporate dissolution action. Settled through a mediated division of ownership interests. (2018)
- Defended mutual fund company against alleged whistleblower claims by former general counsel. Complete defense verdict after jury trial in federal court; affirmed on appeal. (2018)
- Lead counsel for underwriters in defense of claims concerning attempted $143 million bond investment. All claims dismissed upon defendants' summary judgment motion; affirmed on appeal. (2018)
- Lead counsel in action to recover escrow fund due to pre-merger misrepresentations by acquired company. Obtained substantial recovery through settlement. (2015)
- Lead counsel for hospital in action against limited partnership for failure to make pro rata distributions. Obtained $3.7 million judgment, including an attorney fee award. (2015)
- Lead counsel for founder of public biotech in action to compel shareholders meeting, leading to his reinstatement as CEO. (2015)
- Defended directors of public software company against derivative claims alleging inadequate oversight. Settled during discovery. (2015)
- Lead counsel for Seattle bank against claims arising from devaluation of phantom stock units. Settled after partial dismissal of claims. (2013)
- Defended a public software company against a shareholder action to enjoin votes at the annual meeting. Claims dismissed. (2012)
- Lead counsel for company officers against claims for breach of fiduciary duty. Claims dismissed, with attorneys' fees awarded. (2012)
- Defended former officers of national bank against shareholder class actions in federal court. Settled during discovery. (2011)
- Lead counsel for public technology company against challenge to cash-out merger. Settled on non-financial terms. (2011)
- Lead counsel for wireless phone company against claims by minority partners. All claims dismissed; affirmed on appeal. (2008)
Consumer / Antitrust Litigation
- Lead counsel for on-line travel company in defense of putative class action claims alleging inadequate disclosures. Dismissed after settlement fully funded by co-defendant. (2022)
- Lead counsel for on-line travel company in defense of consumer class action claims challenging sufficiency of fee disclosures. Defeated motion for class certification; settled individual claim. (2016)
- Lead counsel for airline in defense of antitrust claims by vendor. Settled for nominal amount while dismissal motion was pending. (2011)
- Defense of antitrust counterclaims against major chip manufacturer in its infringement lawsuit concerning telecommunications patents. (2006)
- Defense of antitrust claims by Department of Justice challenging membership rules of payment card associations. (2004)
- Defended major software company against antitrust claims by competitor. Settled through mediation. (2003)
Other Commercial Litigation
- Lead counsel for data analytics company defending claims by former executive. Settled after bench trial resolved claims substantially in favor of the company. (2022)
- Lead counsel for jet parts maker against claims by distributor. Settled after nearly all claims were dismissed upon summary judgment. (2017)
- Lead counsel in multiple matters to block trade secrets from release under the Public Records Act. In one case, a bench trial resulted in a permanent injunction against release of patent license terms. (2015)
- Defended mechanical contractor against claims by former owners of acquired company. Secured favorable award after arbitration. (2014)
- Lead counsel for utility in arbitration over operation of high capacity transmission lines. Settled on eve of arbitration hearing. (2013)
- Lead counsel in unrelated actions against tax preparers for professional negligence. Both settled favorably. (2012 & 2015)
- Lead counsel for airline in action for breach of contract to maintain Boeing fleet. Jury trial resulted in substantial damage award. (2001)
- Lead counsel in multiple intellectual property cases—e.g., warranty claim by cell phone manufacturer against software developer (resulting in substantial award after AAA hearing); breach of license claim by biometric services firm against foreign police agencies (settled favorably during discovery); and contract claim by payment processing company against software developer (settled after defendant was ordered to turn over source code).
Admitted to Practice
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Washington
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U.S. District Court, Western District of Washington
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U.S. Court of Appeals, 9th Circuit
Education
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J.D., University of Washington School of Law, with honors
- Executive Editor, "Notes and Comments," Washington Law Review
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B.A., Economics, Political Science, Pacific Lutheran University, magna cum laude
Memberships & Affiliations
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- Former Board Member, Greater Seattle Chamber of Commerce
- Former Trustee, Intiman Theater
Professional Recognition
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- Selected to "Washington Super Lawyers," Thomson Reuters, 2011-2021
- Named one of the "Best Lawyers in America" in Commercial Litigation by Best Lawyers, 2020-present
Background
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- Former Managing Shareholder, Heller Ehrman LLP, Seattle
- Judicial Clerk, Hon. Carolyn R. Dimmick, U.S. District Judge for the Western District of Washington, 1987-1989
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