Practice Expertise

  • Appellate
  • Business Litigation
  • Class Action, Multidistrict Litigation
  • Climate Change

Areas of Practice

  • Appellate
  • Business Litigation
  • Class Action, Multidistrict Litigation
  • Climate Change
  • Appeals
  • Climate Change Law and Policy
  • Commercial Litigation
  • Complex Consumer and Financial Services ...
  • Consumer Products
  • Corporate and Securities Litigation
  • Energy
  • Environmental Compliance, Litigation and ...
  • Environmental, Social and Governance (ESG)
  • Financial Services
  • Financial Services Litigation
  • First Amendment and Free Speech
  • Insurance Coverage
  • Insurance Coverage Counseling and Litigation
  • Issues and Appeals
  • Labor and Employment
  • Litigation
  • Retail
  • Securities Litigation and SEC Enforcement
  • Sustainability and ESG
  • White Collar Defense and Internal ...
  • White Collar, Regulatory Defense and ...
  • View More

Profile

Mr. Regan is the Practice Group Leader of our Corporate & Securities Litigation and Government Investigations practices. 

Shawn represents clients in their most vexing matters, often involving regulatory and public relations elements or novel jurisdictional, substantive and procedural issues. He handles complex business disputes, securities litigation, government and regulatory investigations, cross-border litigation and putative class/mass actions, involving contracts, torts, fraud and other common law and statutory claims. Shawn’s experience, judgment, zealous advocacy and bias for collaboration have led him to be appointed to numerous leadership positions outside the firm, including his current role as President-elect of the Federal Bar Council, the Second Circuit’s premier bar organization.

In addition to his work as lead trial counsel in arbitral forums and state and federal courts, Shawn has argued and been lead counsel of record in numerous successful appeals, including in several United States Circuit Courts of Appeals, the New York State Court of Appeals and the Supreme Court of the United States.  He enjoys collaborating with clients and other outside counsel to utilize strategically each team member's skills, attributes and experience to bring about the most effective and efficient result for clients.

Shawn is a regular invited attendee of the Second Circuit Judicial Conference. He has been appointed by present and past Chief Judges of the SDNY to several positions, including to argue on behalf of the Judges of the Southern District Grievance Committee on matters before the Second Circuit Court of Appeals. He has held numerous senior leadership positions in the Federal Bar Council, including chairing each of its signature events, and presently serves as President-elect.

Bar Admissions

    Education
    JD, Columbus School of Law, The Catholic University of America, Editor-in-Chief, Law Review, 1996

    BA, College of the Holy Cross, 1993

    Areas of Practice

    • Appellate
    • Business Litigation
    • Class Action, Multidistrict Litigation
    • Climate Change
    • Appeals
    • Climate Change Law and Policy
    • Commercial Litigation
    • Complex Consumer and Financial Services Litigation
    • Consumer Products
    • Corporate and Securities Litigation
    • Energy
    • Environmental Compliance, Litigation and Defense
    • Environmental, Social and Governance (ESG)
    • Financial Services
    • Financial Services Litigation
    • First Amendment and Free Speech
    • Insurance Coverage
    • Insurance Coverage Counseling and Litigation
    • Issues and Appeals
    • Labor and Employment
    • Litigation
    • Retail
    • Securities Litigation and SEC Enforcement
    • Sustainability and ESG
    • White Collar Defense and Internal Investigations
    • White Collar, Regulatory Defense and Investigations

    Professional Career

    Significant Accomplishments
    • Energy: Obtained dismissal in highly publicized nuisance lawsuits brought by New York Attorney General Elliot Spitzer, other state Attorneys General and several private land trusts alleging that various utilities substantially contribute to global warming: State of Connecticut, et al. v. American Electric Power, et al. and Open Space Institute, Inc., et al. v. American Electric Power, et al., 406 F.Supp.2d 265 (S.D.N.Y. 2005), appeal pending. Mr. Regan was the principal liaison with the court and with all Attorneys General. He also presented oral argument on certain jurisdictional issues on behalf of several defendants in the case.
    • Energy: Obtained dismissal of putative statewide class action lawsuit seeking compensation under theories of nuisance, negligence, trespass and fraudulent concealment for all damages arising from Hurricane Katrina on the ground that defendants' emissions of carbon dioxide contributed to global climate change and thereby intensified the storm and its resultant damage.
    • Energy: Obtained dismissal for several national energy companies in mass tort suit asserting claims of negligence, nuisance and conspiracy, seeking injunctive relief and money damages arising from alleged impact of climate change on native Alaskan village.
    • Energy: Tried multi-week bench trial concerning implementation of federal energy tariffs governing allocation of project development costs for new power generation facilities.
    • Energy: Prevailed for energy industry client in first-impression matter involving applicability of federal filed-rate doctrine to deregulated wholesale energy market, achieving significant stay of federal court case under the primary jurisdiction doctrine.
    • Energy: Advising energy industry clients with respect to SEC disclosures and proceedings.
    • Financial Services: Obtained dismissal for Fortune 50 bank in putative RICO class action arising from international fraud allegedly committed by the Trans Continental family of companies and former boy-band producer Lou Pearlman.
    • Financial Services: Representing Fortune 50 bank in suits related to credit default derivative swap transactions and CDOs in which counterparties seek to vitiate obligations.
    • Financial Services: Representing a leading European bank in connection with federal class action related to ponzi scheme perpetrated by Bernard Madoff.
    • Financial Services: Representing major manufacturing company in prosecuting claims to recover significant investment losses arising from investment in ponzi scheme currently in Receivership.
    • Financial Services: Successfully defended national bank in suit by hedge fund concerning alleged violations of equity conversion rights in credit agreement, allegedly frustrating fund's opportunity to acquire majority interest at substantial discount.
    • Financial Services: Member of team that obtained dismissal for Fortune 20 bank, under the act-of-state doctrine, in putative class action challenging terms of a domestic bond offering available exclusively to India foreign nationals. 
    • Financial Services: Litigation and trials of customer and broker disputes before NYSE and FINRA panels, including commodity futures, derivatives, equities and other products.
    • Financial Services: Defending variety of putative class actions related to mortgages and foreclosure practices.
    • Financial Services: Efficiently defended and resolved putative class actions arising under Electronic Funds Transfer Act.
    • Business Litigation: Obtained dismissal of novel putative class action against leading manufacturing and services company arising out of employee malfeasance in failing to properly register pesticides.
    • Business Litigation: Part of team prosecuting civil actions alleging widespread fraud by certain purveyors and auction houses in markets for collector wines.
    • Business Litigation: Part of team investigating, counseling and defending claims arising from the alleged Black Market Peso Exchange and related legal issues including extraterritorial application of the RICO Act and the federal Revenue Rule.
    • Business Litigation: Second-chaired trial arising out of novel tax-advantaged, REIT property exchange program involving sophisticated hedging vehicles, resulting in dismissal of adversary's claims and pre-verdict settlement payment to client.
    • Business Litigation: Defended telecom industry dispute involving breaches of alleged exclusive national distributor and maintenance agreement, misappropriation of intellectual property and tortious interference with third-party contracts.
    • Business Litigation: Defended claims and prosecuted counterclaims for national hotel chain against Fortune 100 telecom provider, defeating motion to dismiss under filed-tariff doctrine by showing that services had been "de-tariffed" by the FCC.
    • Business Litigation: Obtained summary judgment in multi-plaintiff action alleging sexual harassment, pregnancy and disability discrimination and other improprieties, establishing several points of first impression under Nevada law. (2001 WL 681782 (Nev. Dist. Ct.)).
    • Business Litigation: Won summary judgment in long-running multi-plaintiff case alleging same-sex harassment, retaliation and assault (NYS Sup. Ct. Onondaga Co., Case No. 98-0413).
    • Investigations: Significant experience representing companies in alleged securities fraud investigations by Attorney General under New York's Martin Act.
    • Investigations: Prepare and counsel witnesses before state and federal grand juries.
    • Investigations: Regularly work with white-collar lawyers in regulatory, civil and other issues related to federal and state government investigations.
    • Technology & IP: Successfully defended internet search engine in challenge under the Lanham Act to advertising program, obtaining dismissal on the ground that engine's internal use of trademarked names -- allowing competitors to use trademarked names as triggers for their own advertising -- did not constitute a "trademark use" because such use was not visible to the public. (2006 WL 2811711 (N.D.N.Y))  
    • Technology & IP: Prosecuted patent infringement actions in federal courts concerning one of the world's most successful prescription pharmaceuticals.
    • Technology & IP: Successfully prosecuted case before WIPO to recapture celebrated athlete's domain name from cybersquatter, a result highlighted in Sports Illustrated (WIPO, No. D2000-0598).
    • Technology & IP: Led team of attorneys obtaining summary judgment to defeat contract and tort claims related to software licensing agreement and prevail on counterclaims for payments due.


    Professional Associations
    • Federal Bar Council
    • NYS Bar Association: Commercial & Federal Litigation Section
    • Supreme Court of the United States Historical Society

    Professional Activities and Experience
    • New York Super Lawyers, Top Rated Business Litigation Attorney (2007, 2010-2017). A description of the selection methodology can be found on Super Lawyers’ webpage.
    • United States District Court for the Southern District of New York, Grievance Committee, Attorney Panel (2013-present)
    • Federal Bar Council:
      - Executive Committee (2016-present)
      - Executive Director Search Committee (2016-2017)
      - Board of Trustees (2010-present)
      - Chair, Law Day Dinner (2015)
      - Chair, Winter Bench & Bar Conference (2013)
      - Chair, Spring Judicial Reception (2001)
      - Awards Committee (2014-present)
      - Inn of Court: Master, Judicial Liaison & Member (2000-present)
    • Supreme Court of the United States Historical Society, New York City Chair (2015-2017)
    • NYS Bar Association, Empire State Counsel Award (2011-2016)
    • Board of Visitors, The Catholic University of America, Columbus School of Law (2008-2016)


    Articles

    • A U.S. Perspective of GHG Regulation and Climate Risk Reporting, Environmental Finance
    • NY’s Highest Court Rejects Expansion of Common Interest Doctrine and Upholds Narrow Privilege Rule, Corporate Counsel
    • Uncertainty Looms For Digital Currency Providers and Regulators, New York Law Journal, special report on White Collar Crime

    Blogs

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