McMahon Law Firm LLC - Case Summaries

Case Summaries

Attorney Brian McMahon’s experience in litigation matters is highlighted through some of the following examples:

Has represented two of the Big 3 American Automobile manufacturers in lawsuits related to their enforcement of their rights under Article 9 of the Uniform Commercial Code.
Won summary judgment in favor of a client dismissing a lawsuit brought by two former employees who claimed an ownership interest in the client’s business.
Successfully opposed a motion to add a claim for punitive damages and won the subsequent jury trial for a client who sued a customer for breach of an equipment lease.
Represented both plaintiffs and defendants in lawsuits arising under the Minnesota’s consumer protection statutes—Minnesota’s False Statement in Advertising Act, Minnesota’s Uniform Deceptive Trade Practices Act, Minnesota’s Unlawful Trade Practices Act, and Minnesota’s Prevention of Consumer Fraud Act.
Represented a client who was sued by the music industry for copyright infringement related to the alleged improper downloading of music from the internet.

Won arbitration award (including client's attorney fees) on behalf of tenant against landlord for breach of a commercial lease for the landlord's failure to hire a licensed real estate broker to manage the space.
Represented and negotiated a favorable settlement for his client, a potential lessor of commercial real estate, in a lawsuit commenced against it by the owner of commercial real estate for breach of an oral lease agreement.
Represented a landlord in a lawsuit against its tenant for recovery of costs incurred for the build-out of commercial space.
Represented a tenant in an action brought against it by its landlord for recovery of rents owed after the tenant abandoned the leased premises.
Represented a real estate mortgagor in litigation stemming from the client’s foreclosure on commercial property located in St. Paul. He argued and won summary judgment in favor of the client and secured a rare order permanently enjoining the plaintiff from suing the client again.

Litigated a petition to remove the guardian and conservator of his client’s mother.
Represented siblings who filed a Petition in Probate Court against their uncle alleging breach of fiduciary duty, breach of duty of loyalty, self-dealing, conversion and civil theft related to their uncle’s alleged wrongdoing as personal representative of the siblings’ mother’s estate.

Represented employers and employees in litigation involving non-compete agreements.
Represented a small business owner who was sued for misappropriating his former employer’s trade secrets, and negotiating a favorable settlement that allowed his client to continue to operate his new business in the same industry as his former employer.
Represented a client who received a cease-and-desist letter from his former employer accusing him of violating a non-compete agreement. The client’s former employer eventually agreed to drop its claim that the non-compete was enforceable, agreed to allow Brian’s client to continue to operate his competing business, and paid Brian’s client’s attorney’s fees and costs.
Represented an individual in negotiating his separation agreement with his former employer.
Represented employees claiming their right to unpaid salary and/or commissions under Minnesota Statutes Chapter 181.

Represented a former limited partner of a limited liability partnership in a lawsuit alleging fraud and breach of fiduciary duty against tyhe general partners related to the purchase by the general partners of the limited partner's interest in the general partnership.
Represented closely held businesses and partnerships and their members in lawsuits involving internal disputes and allegations of breach of operating agreements and partnership agreements, breach of fiduciary duty, waste, misapplication of assets, and conduct that is fraudulent, illegal, or unfairly prejudicial.
Won summary judgment dismissing claims by his client’s creditors that sought to pierce the corporate veil and impose personal liability upon individual corporate officers and shareholders for the corporation’s debts.

Appealed Minnesota State High School League’s determination under the MSHSL’s transfer rule that client was ineligible to participate in varsity athletics for one year. Administrative Law Judge ruled in favor of client and declared him immediately eligible.

Represented purchaser of epoxy floor in product liability action against the manufacturer and installer of the floor.
Represented manufacturers and installers of products in actions alleging strict liability and breach of warranty.

Drafted limited liability company (LLC) operating agreements and member control agreements, and corporate articles of incorporation and bylaws.
Negotiated and drafted a Licensing Agreement on behalf of licensor.
Drafted and advised clients regarding noncompetition and nonsolicitation agreements.
Drafted and negotiated contracts for a wide range of clients.