Damon A. Thayer

Shareholder

Overview

Damon is a litigator with broad-based experience in a wide range of complex business, real estate, and employment disputes. Damon has extensive experience litigating cases in federal and state court at both the trial and appellate levels as well as with alternative dispute resolution.

Prior to joining Shoreline, Damon was a litigation associate at the Los Angeles office of Jenner & Block LLP from 2009 to 2013. Damon served as a law clerk on the U.S. Court of Appeals for the Ninth Circuit during the 2008-2009 term and clerked at a federal district court during the 2007-2008 term.

Representative Matters

  • Defended a global publishing company from a breach of contract and fraud action alleging over $25 million in damages: obtained a complete defense verdict following a bench trial
  • Prosecuted a multi-million dollar action for investment companies against other investors in a real estate development project: obtained a very favorable settlement on the eve of trial
  • Defended an arbitration award from being vacated for an international conglomerate before the California Superior Court, California Court of Appeal, and California Supreme Court: obtained complete victories at all levels
  • Defended a family trust sued for $10 million as the alleged alter ego of a judgment debtor: obtained an across-the-board victory from the trial court including attorneys` fees
  • Represented an international conglomerate in a commercial lease dispute: successfully resolved the matter following mediation
  • Represented an insurance brokerage in employment cases involving large-scale employee raiding and enforcement of non-compete agreements: obtained summary adjudications of key issues, ultimately resulting in advantageous settlements
  • Represented a prominent hospital seeking millions of dollars in insurance coverage for an antitrust and unfair competition lawsuit: obtained summary adjudication of key issues, ultimately resulting in a beneficial settlement
  • Defended a multinational food manufacturing company in various class actions primarily alleging false and misleading marketing of certain products: obtained outright dismissals of some cases and advantageous rulings in other cases effectively disposing of the actions
  • Represented a variety of music companies in copyright infringement and related actions filed in federal district and bankruptcy courts: obtained very favorable results through court decisions and settlements
  • Defended a real estate development company sued by a creditor after constructing a skyscraper stalled due to lack of financing: successfully attacked both the complaint and amended complaint, ultimately resulting in a desirable settlement
  • Defended a nationwide trucking company against a multi-million dollar employment discrimination lawsuit: obtained beneficial rulings on several substantive and procedural matters, ultimately paving the way for an impressive settlement
  • Represented a pharmaceutical company seeking millions of dollars in insurance coverage for antitrust and civil conspiracy lawsuits: obtained coverage vis-à-vis a highly publicized decision on an issue of first impression before a state supreme court
  • Represented the directors and officers of a regional bank in lawsuits brought by the SEC and individual shareholders: obtained desired results following extensive discovery and motion practice
  • Represented a multinational media conglomerate facing several shareholder derivative lawsuits and investigations by the Department of Justice, SEC, and governmental bodies from Great Britain, Australia, China, and Russia: obtained an insurer-funded $150 million settlement package
  • Obtained judgment at trial on behalf of a large commercial tenant operating fast-casual restaurants that were sued by its landlord for breach of a properly terminated lease
  • Obtained a very favorable arbitration award on behalf of a set of partners seeking to be bought out of their partnership interests by the remaining partners and where both sides submitted drastically different appraisal valuations
  • Defeated a landlord`s petition to compel arbitration of rental rates during an option period against a large commercial tenant operating a nationwide steakhouse chain, effectively ending the litigation, and thereafter securing a stipulation whereby the landlord agreed to pay the tenant`s attorneys` fees and costs
  • In a pro bono capacity, represented numerous clients facing criminal and immigration-related issues before the U.S. Supreme Court and U.S. Courts of Appeals: obtained substantial victories including published decisions on issues of first impression

Organizations

Los Angeles County Bar Association

  • Judicial Appointments Committee
  • Former Barristers President
  • Former Member of LACBA Executive Committee
  • Former Member of LACBA Board of Trustees
  • Member of Barristers Executive Committee
  • Former Member of Board of Directors of Counsel for Justice
  • Former Member of LACBA Board of Trustees Nominating Committee

Los Angeles Lawyer Magazine

  • Former Member of Editorial Board

American Bar Association

  • Former Chair of the Dispute Resolution Committee
  • Touch 10,000 Ambassador

State Bar of California

  • Former Member of the Federal Courts Committee
  • Former Member of the Rules & Legislation Committee
  • Former Member of the Civil Jury Instructions Committee

Civil Bench/Bar Liaison Committee of the Central District of the Los Angeles County Superior Court

Association of Business Trial Lawyers

Bar Admissions

  • U.S. Supreme Court
  • California Supreme Court
  • Minnesota Supreme Court
  • Missouri Supreme Court
  • U.S. Court of Appeals for the Ninth Circuit
  • U.S. Court of Appeals for the Seventh Circuit
  • U.S. Court of Appeals for the Sixth Circuit
  • U.S. District Court for the Central District of California
  • U.S. District Court for the Southern District of California
  • U.S. District Court for the Northern District of California
  • U.S. District Court for the Eastern District of California
  • U.S. District Court for the District of Colorado
  • U.S. District Court for the District of Arizona
  • U.S. District Court for the Central District of Illinois
  • U.S. District Court for the Western District of Michigan
  • U.S. District Court for the Eastern District of Wisconsin

Articles

  • “Amended Du Opinion Not The ‘Win’ Insurers Claim It To Be,” Los Angeles Daily Journal, November 8, 2012
  • “If You Thought Concepcion Would Stop California Courts From Invalidating Arbitration Agreements, Think Again,” 101 & 102 Practice Series (ABA Young Lawyers Division), October 1, 2012
  •  “Insurance Neutrality In Chapter 11 Reorganizations,” Los Angeles Daily Journal, September 11, 2012
  •  “Appealing Arbitrability,” The Recorder, August 14, 2012
  •  “Binding Mediation Is A Trap For The Unwary,” The Recorder, July 26, 2012
  •  “Learning To Differentiate Between Judicial And Obiter Dicta,” Los Angeles Lawyer, April 2012
  •  “The Ten Commandments Of Writing An Effective Reply Brief,” Pretrial Practice & Discovery (ABA Section of Litigation), Winter 2012
  •  “Dispute Resolution In The Aftermath Of The U.S. Supreme Court’s Decisions In Dukes And Concepcion,” 101 & 102 Practice Series (ABA Young Lawyers Division), Winter 2011
  •  “Avoiding Minefields Associated With Discoverability Of Social Media,” Pretrial Practice & Discovery (ABA Young Lawyers Division), Fall 2011
  •  “Supreme Court Rejects Global Warming Lawsuit,” Commercial & Business Litigation (ABA Section of Litigation), Fall 2011
  •  “Making The Last Word Count: Guidelines For Writing An Effective Reply Brief,” Los Angeles Lawyer, Fall 2011
  •  “Hold Your Horseplay: Recent Ruling Not A Victory For Insurers,” Los Angeles Daily Journal, July 29, 2011
  •  “Courts Restrict Defendants’ Ability To Take Offensive,” The Recorder, July 25, 2011
  •  “The Insurance Aftermath Of The Recent Earthquakes And Tsunami In Japan, Flooding Along The Mississippi River, And Tornadoes In The South: Addressing The ‘Number of Occurrences’ Question,” Bloomberg Law Reports, June 2011
  •  “A Primer On Coverage For Infringement Suits,” Law360, February 22, 2011
  •  “Duty To Defend ‘Suits’ Extends To ‘Quasi-Judicial’ Administrative Proceeding,” Los Angeles Daily Journal, January 11, 2011

Education

  • Truman State University
    • B.S. (2004), summa cum laude
  • University of Minnesota Law School
    • J.D. (2007), Order of the Coif, magna cum laude, Editor of Minnesota Law Review, Director of Moot Court