Shaun D. McElhenny
Shaun's practice encompasses a wide variety of litigation matters including arbitration, litigation, mediation, and counseling on a broad range of cases in state and federal court.
His extensive experience includes:
- complex business litigation;
- securities litigation;
- trust and estate litigation;
- class action defense;
- business divorce;
- misappropriation of trade secrets;
- products liability; and
- unfair and deceptive business practices
Shaun routinely represents a wide array of clients including individuals, partnerships, small privately held companies, and large public corporations.
Prior to joining Thompson Hine, Shaun was an associate in the litigation practice of an international law firm.
During law school, Shaun was a member of the Fordham Moot Court Board, participated in the Federal Litigation Clinic, and received the Fordham Law Merit Scholarship. He also held externships with the New York City Law Department and New York City Council Office of the General Counsel.
Outside of his law practice, Shaun is actively involved in the New York City Family Court's Volunteer Attorney Program, where he advises pro se litigants regarding domestic abuse, spousal support, and child custody and support matters. Shaun is also a member of the Junior Board of the Bowery Residents’ Committee (BRC), one of New York City’s largest homeless services organizations. He has also served as a coach in the New York State Bar Association's High School Mock Trial Tournament, and is an active alumni supporter of Fordham Law School's Moot Court program.
A representative sampling of Shaun's experience includes:
- Representing a national freight shipping company in an action against a customer for non-payment.
- Representing an online magazine distributor in an arbitration regarding commissions paid to a subscription agency.
- Representing a regional baked goods wholesaler in an action against a distributor for non-payment.
- Representing a startup medical diagnostic devices company in a dispute over intellectual property licensed from a major research university.
- Representing an internet technology vendor in a dispute over an unapproved online simulcast.
Financial Services Industry Litigation
- Representing an investment advisory firm in multiple actions to avoid transfers made to its funds pursuant to leveraged buyouts.
- Representing a broker-dealer firm in a FINRA arbitration regarding the suitability of an alternative investment recommendation and alleged churning of a client’s securities portfolio.
- Representing a commercial bank in the foreclosure of a mortgage on a mixed-use property development.
- Representing an investment bank in a contract dispute over the sale of a bankruptcy claim.
- Representing a financial services company in a dispute over the transfer of a client’s account upon death.
Business Divorce Litigation
- Representing a member of a limited liability corporation in a proceeding to determine the corporation’s fair value.
- Representing a managing member of a limited liability corporation in an action for removal and payment of damages to other members.
- Advising an executive and significant shareholder in a closely held corporation on the effect of employment termination on share value.
- Representing a closely held corporation regarding payment of dividends to a dissenting shareholder.
- Representing an architect and construction manager in a dispute with a building owner regarding alleged design defects.
- Representing an electrical services company in a breach of contract action brought by a subcontractor
Trust and Estate Litigation
- Representing an individual in a dispute over life insurance proceeds.
- Representing a trust in a surcharge proceeding against its former trustee.
- Representing a trust in an appeal from an award of commissions to its former trustee.
- Representing an estate in a challenge to probate proceedings and trust formation due to allegations of undue influence and lack of testamentary capacity.
Consumer Fraud and Products Liability Litigation
- Representing a membership marketing company in a consumer fraud class action and attorney general action.
- Representing a gas and electric utility company in various litigations alleging asbestos exposure.
- Advising a public benefit corporation on its obligations under freedom of information and open meetings laws
- Representing a major research university in a challenge to its campus expansion on land use and constitutional grounds.
- Co-author, “International Arbitration by Financial Institutions: Current Practices and Opportunities,” ABA Section of International Law, May 2017
- Co-author, “Second Circuit Upholds Bankruptcy ‘Safe Harbor’ for Securities Transactions,” AIRA Journal, Vol. 30 No. 2 (2016)
- New York State Courts Access to Justice Program Pro Bono Award
- Fordham University School of Law Archibald R. Murray Public Service Award
- New York City Bar Association
- BRC Junior Board
International Arbitration by Financial Institutions: Current Practices and OpportunitiesABA Section of International Law
May 03, 2017