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Atlanta

Shanon J. McGinnis

Of Counsel

Shanon J. McGinnis

Of Counsel

Summary

Shanon is of counsel in the firm’s Atlanta and Los Angeles offices, where she has worked since 2004. She is a general commercial litigator with significant experience advising and defending banks, lenders, and other financial services organizations.  She also litigates construction disputes as well as contract and other commercial disputes.

More about Shanon

  • Defended lenders and national financial services organizations in actions with debtors involving mortgage-related claims, including allegations of loan defaults, wrongful foreclosure, misapplication of payments, improper application of insurance and other escrow account issues, slander to title, breach of contract, and state mortgage statute violations.

  • 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”), Real Estate Settlement Procedures Act (“RESPA”) and Regulation Z, the Fair Credit Reporting Act (“FCRA”), the Telephone Consumer Protection Act (“TCPA”), 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.

  • Advised and represented lenders and servicers in workouts and other resolutions related to non-performing loans, including restructurings, loan modifications, and forbearances.

  • Defended lenders and national financial services organizations in numerous state and federal court individual and class actions, including without limitation disputes with debtors related to mortgages, with homeowner and condominium associations, with customers concerning credit card accounts and auto loans, with debtors and third parties related to title and lien priority issues, and with account holders relating to checking accounts and other retail banking issues.

  • Represented lenders and servicers in bankruptcy proceedings, including adversary proceedings, successfully protecting against challenges to secured claims.

  • Upon certification of question to state supreme court regarding whether holder of security deed in real property was require dot also hold underlying debt to foreclose upon security interest, obtained a ruling in favor of multinational financial institution clarifying foreclosure requirements.

  • Successfully represented lender in issue of first impression before state supreme court regarding debtors lack of standing to challenge transfer of lien on mortgaged property.

  • Represented mortgage lender in a breach of contract and breach of fiduciary duty class action brought by borrowers who claimed that the bank unlawfully required its borrowers to maintain excessive escrow deposits for the payment of taxes and insurance.  Obtained judgment on the pleadings and a full dismissal of all claims prior to any discovery or class certification.

  • 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.

  • Represented property owner in dispute with general contractor and architect relating to the design and construction of new building headquarters project in Southern California.

  • Represented a Fortune 50 retail-pharmacy company across the country in high-stakes disputes with landlords and third parties related to protection of our client’s tenant rights.

  • Defended and prosecuted actions on behalf of property owners and lenders involving issues of title to property and title priority, including actions against title insurers.

  • Represented a U.S. affiliate of a Swedish engineering firm in an eleven-week arbitration hearing concerning claims relating to the design and construction of a low-level radioactive waste processing facility in Tennessee.

  • Represented a public District/owner in a $40 million dispute concerning delay claims arising from the design and construction of a seventeen-mile bridge across the Chesapeake Bay.

  • 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 orders of replevin for electronic devices in possession of former employees containing data belonging to former employers in connection with theft of confidential information and/or trade secrets and business interference cases.

  • Represented first-party liability insurers in claims-handling process, from the initial investigation throughout trial, drafting coverage opinions, reservation of rights letters, complaints for declaratory judgment and dispositive motions.

  • Acted as insurance defense counsel in actions against insureds for damages relating to property damage, bodily injury, and landlord/tenant disputes.

  • 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.

  • 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 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.

  • You, et al. v. JPMorgan Chase Bank, N.A., 293 Ga. 67 (2013)
  • WFG National Title Insurance Co. v. Wells Fargo, 51 Cal. App. 5th 881 (2020)
  • Townsend v. Harborview Mortgage Loan Trust, 2019 WL 4409765 (Cal. App. 2nd Dist. 2019)
  • Fey v. US Bank, N.A., 2018 WL 3801677 (11th Cir. 2018)
  • Bates v. JPMorgan Chase Bank, NA, 2014 WL 4815564 (11th Cir. 2014)
  • Wade v. FNMA, 2014 WL 4802259 (4th Cir. 2014)
  • Cornelius v. Bank of America, NA, , 2014 WL 4747332 (11th Cir. 2014)
  • Bojorquez v. Horizon Mortgage, 2014 WL 1050760 (Cal. App. 2nd Dist. 2014)
  • Adams v. JPMorgan Chase Bank, N.A., et al., 2013 WL 6668792 (Cal. App. 2nd Dist. 2013)
  • Harris v. Chase Home Finance, LLC, 524 Fed. Appx. 590 (11th Cir. 2013)
  • Rector v. JPMorgan Chase Bank, N.A., 2013 WL 2626496 (Cal. App. 5th Dist. 2013)
  • Miller v. Chase Home Finance, LLC, 677 F.3d 1113 (11th Cir. 2012)
  • Arms v. JPMorgan Chase & Co., 451 Fed. Appx. 882 (11th Cir. 2012)
  • Kumar v. Select Portfolio Servicing, Inc., 2019 WL 8217548 (C.D. Cal. 2019)
  • High v. Select Portfolio Servicing, Inc., 2018 WL 5023424 (N.D. Ga. 2018)
  • Acunis-Graham v. Towd Point Mortgage Trust, 2017 WL 10544627 (C.D. Cal. 2017)
  • Reyes v. Bank of America N.A., 2016 WL 6901793 (C.D. Cal. 2016)
  • You v. JPMorgan Chase Bank, N.A., 2014 WL 793325 (N.D. Ga. 2014)
  • Bradley v. JPMorgan Chase Bank, N.A., 2013 WL 5278654 (M.D. Ga. 2013)
  • Jones v. Washington Mutual Bank, 2012 WL 2018056 (N.D. Ga. 2012)
  • Phillips v. JPMorgan Chase, No. 1:11-cv-2194-TWT (N.D. Ga. 2012)
  • 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 past officer of the Atlanta Chapter of the Women’s Finance Exchange
  • Speaker, “Rescue & Remedies: Indemnity and Insurance,” in-person/online CLE. (April 2024)

Shanon'S Latest News

Practice

Education

Southern Methodist University School of Law
  • J.D., cum laude, 1998
  • Articles Editor, SMU Law Review
  • Order of the Coif
University of Southern California School of Journalism
  • B.A., 1994

Admissions

State Bar of Georgia

State Bar of California

United States District Courts for the Northern, Middle and Southern Districts of Georgia

United States District Courts for the Central, Eastern, Northern, and Southern Districts of California

United States Court of Appeals for the Fourth, Ninth, and Eleventh Circuits