Practices
Industries
Education
  • University of Wisconsin Law School, J.D., 1992
  • University of Wisconsin-LaCrosse, B.S., 1989, with highest honors
Bar Admissions
  • Texas, 1992
  • Wisconsin, 1993, Inactive
  • United States Court of Appeals  Fifth Circuit
  • United States District Court Northern, Southern, Western and Eastern Districts of Texas
  • United States District Court Eastern District of Wisconsin
Languages
Shawn W. Phelan
Shawn W. Phelan Photo
Partner, Management Committee
sphelan@thompsoncoe.com
vCard
Dallas
700 North Pearl Street
Twenty-Fifth Floor - Plaza of the Americas
Dallas, Texas 75201
214-871-8245 direct  |  214-871-8209 fax
Assistant:
Dana Ward
214-880-2628 direct
dward@thompsoncoe.com
Overview

Shawn Phelan represents professionals, corporations and other clients in securities, corporate governance, malpractice and other litigation matters. Shawn has substantial experience representing broker/dealers, registered representatives, and officers and directors in securities and commercial matters involving a wide variety of business litigation issues, including securities fraud, business torts, deceptive trade practices, construction, unfair competition, corporate shield and alter-ego claims, and professional liability. Shawn has also represented numerous parties in class action litigation.

Representative Experience

  • Represented broker-dealers and registered representatives in defending arbitrations involving investor suitability and fraud claims.
  • Obtained dismissal of lawsuit seeking to hold director personally liable for corporate debts.
  • Defended insurance agents and agencies against investor claims of unsuitable annuities and insurance products. 
  • Represented officers and directors in claims asserted by landlord seeking to pierce the corporate veil.
  • Obtained summary judgment on behalf of corporate officer in lawsuit in bankruptcy court seeking to hold the officer responsible for contract signed by officer on behalf of debtor.
  • Represented clients in class action litigation asserting statutory violations of 10b-5, RICO, RESPA, and common law claims.
  • Represented real estate developer in dispute with co-venturer.
  • Defended corporations in copyright infringement claims.
  • Defended attorneys and law firms in securities fraud claims under the Texas Securities Act.
  • Obtained summary judgment in favor of local law firm sued in bankruptcy court by bankruptcy trustee for turnover of legal fees.

Professional and Community Activities
  • Member of the Professional Liability Underwriters Society
  • DRI Professional Liability Section
  • Member of Dallas Bar Association
Speeches and Presentations
  • Presented "Overview of Contract Law" at the Legal Issues for Texas Civil Engineers seminar on January 21, 2016 in Arlington, Texas.
  • Participated in a mock mediation session presented by Hanover Insurance at the A/E ProNet Spring Meeting 2015.
  • Presented "The Tripartite Relationship: What Is It? The Relationship Between The Insurer, Insured, And Defense Counsel” Thompson Coe's Texas Litigation Update 2014
  • Co-Presented "Ethics in Business Litigation" along with Randy Johnston at the Business Disputes 2013 seminar sponsored by the Texas Bar CLE.
  • Presented "Adopting Strategies to Minimize Liability Exposure" on July 31, 2012 at the Minimizing Engineering Liability Exposure seminar in Arlington, Texas.
  • Presented "Protect Yourself at All Times: Words Every Fighter and Lawyer Should Follow" on August 18, 2011 at the Advanced Consumer Law Course in Houston, Texas.
  • Presented at the McLaughlin Brunson Insurance Agency 2011 Loss Prevention & Risk Management Seminar on Design Professional liability issues and recent Texas case law affecting architects and engineers, April 20-21, 2011.
  • Presented “Avoiding and Defending a Malpractice Suit—Welcome to the Real World” on August 11, 2008 at the 2008 Advanced Family Law Course in San Antonio, Texas.
  • Presented "Avoiding Bad Faith and Responding to Stowers Demands" to Firemans Fund Insurance Company on October 1, 2007.
  • Regular speaker at Dallas Chapter of the American Institute of Architects (AIA) educational seminars, most recently on issues relating to construction observation, risk management, contract and other liability issues (2005-present).
  • Panel member at the 2006 Texas Society of Architects Annual Convention, case study presentation.
  • Presented “Pitfalls Under the Texas Securities Act” to the Securities Section of a Dallas law firm on July 29, 2004.
  • Presented “The New Grievance Process and Ethics Issues Criminal Defense Lawyers Encounter” to the Dallas Criminal Defense Lawyers Association on June 11, 2004.
  • Presented “Ethical Consideration and Legal Malpractice Prevention in Litigation” to the Plano Bar Association on January 2, 2004.
Professional Recognition
  • Named in Law & Politics magazine's Texas Super Lawyers® - Rising Stars list for 2004, 2005 and 2007.
  • “AV” Peer Review Rated by Martindale Hubbell.