Peter C. McMahon

Peter C. McMahon is a founding partner of MSLLP. Mr. McMahon is a trial attorney with broad litigation experience in employment litigation, trade secret, unfair competition, breach of contract, workplace violence, and other business related litigation. Known as an ethical and aggressive litigator, Mr. McMahon founded MSLLP for the express purpose representing clients in the variety of litigation challenges they face in operating a company in today’s business climate.

 

 

 


Recent Representations:

  • Responsys, Inc. v. Ollivier – Represented Responsys in a 2013 misappropriation of trade secret and unfair competition case, wherein he obtained a temporary restraining order (“TRO”) against a former employee who allegedly schemed to fleece Responsys of its most sensitive competitive business secrets and abscond with them to a competitor. After obtaining the TRO, the defendant entered into a favorable settlement for Responsys.
  • Boyd v. Accuray, Inc. – Represented defendant in an employment case involving claims of retaliation under Title VII, Sarbanes Oxley (SOX), Federal False Claims Act (FCA), and Fair Labor Standards Act (FLSA). Obtained pre-trial summary judgment in 2012 for defendant on all causes of action.
  • Hildebrand v. VentureBeat, Inc., et al. – Represented defendants in an employment case involving claims of wrongful termination, breach of contract, and fraud. Extensively litigated the matter through settlement.
  • Abuta v. Epicure Imports, Inc., et al. – Represented defendants in a employment discrimination (religion); breach of contract, wrongful termination, and fraud action. Following discovery and extensive motion practice, including sanctions against plaintiff, obtained extremely favorable settlement.
  • All Covered, Inc. v. Xonicwave, et al. – Represented All Covered in a misappropriation of trade secret and unfair competition case, wherein he obtained a comprehensive temporary restraining order and preliminary injunction, preventing five former employees from using All Covered’s customer lists and other trade secrets and from serving or soliciting plaintiff’s current and prospective customers. The breadth of the injunction was upheld on appeal by a unanimous ruling of the appellate court.
  • In the Matter of Certain Automotive GPS Navigation Systems, ethical al. – Represented MITAC Digital Corporation as a third party witness in patent matter pending before the International Trade Commission, overseeing MITAC’s document production in response to ITC subpoena.
  • Xerox Corporation v. Google, Inc., Yahoo! Inc., et al – Represented IPVALUE Management, Inc. as a third party witness, overseeing IPVALUE’s third party production of documents, and defended senior executives in deposition.
  • Facebook v. Mailblock.com – Represented Facebook through judgment in a breach of contract matter involving advertising impressions.
  • Facebook v. Bookrenter.com, Inc. – Represented Facebook in breach of contract action involving advertising impressions.
  • Harp et al. v. All Covered, Inc. – Represented defendant in a wage an hour class action litigation involving allegations of failure to pay overtime wages, failure to provide meal and rest breaks. Extensively litigated matter contributing to a favorable settlement defendant.
  • AMD v. Intel –Represented Acer as a third-party witness from 2005 – present in worldwide anti-trust case, overseeing Acer’s third party production of electronic documents (20+ million pages) in response to subpoenas, and has defended its most senior executives in deposition.
  • Federal Trade Commission v. Intel –Represented Acer as a third-party witness in anti-trust case, overseeing Acer’s third party production of documents in response to FTC subpoena, and has defended its senior executives in interviews.
  • Romaric Automation Design, Inc. v. Asyst Technologies, Inc. – Represented plaintiff in breach of contract and account stated complaint to successful settlement.
  • IPolicy Networks, Inc. v. RedCannon Security, Inc. et al. – Represented defendants in misappropriation of trade secrets, breach of contract, breach of fiduciary, and unfair business practices matter, and cross-plaintiffs in complex breach of contract, shareholder derivative, failure to pay wages, fraud, and breach of fiduciary duty case. Extensively litigated matter including filing Writ of Attachment against plaintiff.
  • Nadel Phelan, Inc. v. RedCannon Security, Inc. et al. – Represented defendants in breach of contract and common count action. Obtained favorable settlement following discovery.
  • NetSuite Inc. v. CIPC – Obtained award of $591,825, plus attorneys’ fees following successful motion for terminating sanctions against defendant for discovery abuses.
  • 401(K) Professionals, Inc. v. NetSuite, Inc. – Represented NetSuite in fraud, intentional interference with contract, and breach of contract action. Extensive litigation through favorable summary judgment ruling.
  • NetSuite, Inc. v. CPA Moneywatch.com, LLC – Represented NetSuite against defendant in a declaratory relief and common count action. Obtained full relief requested following extensive litigation.
  • ProfitStar Corp v. NetSuite, Inc. – Successfully represented NetSuite against allegations of breach of implied warranties, breach of contract, unfair competition, and fraud. Following extensive litigation, plaintiff voluntarily dismissed matter following motion for sanctions.
  • Hugger-Mugger Yoga Products, LLC v. NetSuite, Inc. – Obtained dismissal of plaintiff’s declaratory relief action following evidentiary hearing in the United States District Court for the District of Utah.
  • The Source Group v. NetSuite, Inc. – Following defendant’s motion to transfer plaintiff’s complaint for breach of contract, breach of implied and express warranties, fraudulent inducement, and unfair business competition, plaintiff dismissed complaint.
  • Power Products, Inc. v. NetSuite, Inc. – Prevailed in motion to dismiss out-of-state complaint based on forum selection clause.
  • NetSuite Inc. v. RadMed International Corp – Obtained judgment for NetSuite in straight breach of contract action against non-paying customer.
  • NetSuite, Inc. v. Russell Williams & Associates – Obtained judgment for NetSuite in breach of contract and fraud action against underhanded vendor.
  • BuyWake.com, Inc. v. NetSuite Inc. – Following NetSuite’s motion to dismiss, which the Court converted to a summary judgment motion, the Court granted summary judgment in favor of NetSuite.

Trial Experience:

  • Sylla v. KatanaMe, Inc. et al. – Lead trial counsel for one of four corporate defendants and two individual director defendants in a 2011 complex shareholder derivative/ breach of fiduciary duty and fraudulent conveyance case stemming from KatanaMe, Inc.’s sale of its intellectual property assets.
  • PC Specialists, Inc. (dba TIG) v. FusionStorm et al. – Lead trial counsel for two of seven individual defendants in a 2010 complex trade secrets case involving allegations of employee-raiding and unfair business practices. Obtained pre-trial summary judgment for one defendant and negotiated favorable pre-verdict settlement for second defendant.
  • Shaw Marketplace II, LP v. Old Navy, LLC – Represented Old Navy in a 2010 unlawful detainer case brought by landlord against Old Navy. Obtained dismissal for Old Navy at trial.
  • Gap, Inc. v. Abalone Development & Realty, Inc. – Represented Gap, Inc. through 2009 trial against a subtenant in a breach of lease action. Obtained judgment in favor of the Gap of $612,632.77 against defendant.
  • Chung v. DeSalvo – Lead trial counsel in a two-week jury trial in San Francisco, representing the defendant in a case stemming from a workplace violence incident. He prevailed for his client, after his pre-trial investigation revealed a pattern and practice by the plaintiff of inciting workplace turmoil at several previous employers, then suing to obtain settlements.
  • Lampkin v. Orrick, Herrington & Sutcliffe, LLP – While employed at Orrick, Mr. McMahon was tapped by Orrick to co-chair a jury trial, where the trial team obtained a defense verdict in a disability discrimination in favor of Orrick in the San Francisco Superior Court.
  • Other: During his tenure with the Department of Defense, he obtained numerous defense verdicts in lawsuits tried before the Merit Systems Protection Board (MSPB) and Equal Employment Opportunity Commission (EEOC). Claims included sexual harassment, discrimination, and wrongful termination. Since leaving the federal government, Mr. McMahon also successfully represented numerous clients in administrative proceedings before the California Department of Fair Employment and Housing (“DFEH”).

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