Shannon Z. Petersen

Shannon Z. Petersen is a partner in the Business Trial Practice Group in the firm's San Diego office.

Areas of Practice

Dr. Petersen has substantial trial experience as a general business litigator, including consumer class action defense. He has successfully represented clients in claims involving breach of contract, insurance bad faith, unfair business practices, false advertising, fraud, breach of fiduciary duty, negligence, wrongful foreclosure, unfair debt collection, unfair credit reporting, unjust enrichment, misappropriation of trade secrets, trademark infringement, quiet title, emotional distress, construction defect, privacy, and receiverships, among others. He is also experienced with California statutory claims under California's Unfair Competition Law (UCL), Consumers Legal Remedies Act (CLRA), Rosenthal Act, Automobile Sales Finance Act (ASFA or Rees-Levering), Vehicle Leasing Act, Confidentiality of Medical Information Act (CMIA), and various state laws regulating foreclosures and repossessions. He is equally familiar with federal claims under the Truth in Lending Act (TILA), the Real Estate Settlement Procedures Acts (RESPA), the Telephone Consumer Protection Act (TCPA), the Fair Debt Collection Practices Act (FDCPA), and the Fair Credit Reporting Acting (FCRA). He represents clients in a variety of industries, including financial services (primarily mortgage and auto finance), insurance, health care, and others.

Education

• Ph.D., University of Wisconsin, 2000
• J.D., Stanford Law School, 2000, with distinction
• M.A., University of Montana, 1995
• Fulbright Fellow, Université de Saint-Louis, Sénégal, 1994
• B.A., University of Montana, 1993, with high honors

Admissions

• California
• U.S. District Courts for the Southern, Central, Northern, and Eastern Districts of California

Languages

• French
• Russian

Representative Clients

Financial service clients include Wells Fargo, JPMorgan Chase, San Diego County Credit Union, Toyota Financial, and GM Financial (formerly AmeriCredit).

Insurance clients include Liberty Mutual, Safeco, Golden Eagle, and Lockton Companies.

Healthcare clients include CVS Pharmacy, OmniCare, and various physician medical groups.

Recent Litigation Successes

As lead trial counsel, complete victory following two recent jury trials, one bench trial, and two arbitrations.

Compelled arbitration and enforced a class action waiver in favor of a large auto finance company.

Dismissals of dozens of mortgage-related cases, including many class actions, following motions to dismiss.

Dismissal of healthcare privacy class action following a motion.

Dismissal of over a dozen insurance bad faith cases following the filing of motions for summary judgment.

Honors

• 2013, Certificate Of Recognition for Pro Bono Services from the United States District Court for the Southern District of California
• 2008, recognized as a "Top Young Attorney" in San Diego by The Daily Transcript
• 2007, 2003, 2002, California Bar Association Wiley Manuel Award for Pro Bono Legal Services
• 2003, Nominee, California Bar Association President's Pro Bono Service Award, Recently Admitted Category
• 2002-2003, San Diego Volunteer Lawyer Program Distinguished Service Award
• 1992, Honorable Discharge, U.S. Navy, Russian linguist

Memberships

• American Financial Services Association
• Pro Se Panel of the U.S. District Court for the Southern District of California
• Board of Governors of the Association of Business Trial Lawyers, San Diego
• Editorial Board of the Association of Business Trial Lawyers Report, San Diego
• Barrister, Louis M. Welsh Chapter of the American Inns of Court
• State Bar of California and San Diego County Bar Association

Articles

• "California Court Holds That Borrowers May Enjoin A Foreclosure If A Lender Fails To Meet Servicing Guidelines," Sheppard Mullin Financial Institutions Law Blog, February 4, 2013
• "Class Action Waivers Are Enforceable Despite Any State Statutory Right To A Class Action," Sheppard Mullin Class Action Defense Strategy Law Blog, January 18, 2013
• "California Homeowner Bill of Rights: A New Mortgage Law For The New Year," Sheppard Mullin Financial Institutions Law Blog, December 12, 2012
• "The Ninth Circuit Holds That The TCPA Prohibits Automated Calls Even When They Do Not Refer To Any Specific Good Or Service," Sheppard Mullin Class Action Defense Strategy Law Blog, October 31, 2012, reprinted in 19 Association of Business Trial Lawyers Report, San Diego, Winter 2012
• "TILA Does Not Require A Loan Servicer To Identify Who Owns A Loan, Unless The Servicer Owns The Loan By Assignment," Sheppard Mullin Financial Institutions Law Blog, October 16, 2012
• "Enforcing Class Action Waivers: A 'Major Change In California Law'," Sheppard Mullin Class Action Defense Law Blog, October 12, 2012
• "Another California Court of Appeal Rules That Concepcion Discredits Gentry's Rule Invalidating Most Class Action Waivers In Arbitration Provisions," Sheppard Mullin Class Action Defense Law Blog, August 17, 2012
• "The Federal Arbitration Act Preempts Any Right To A Class Action Under State Law," Sheppard Mullin Class Action Defense Law Blog, August 7, 2012
• "Another California Court Approves The Use Of MERS," Sheppard Mullin Financial Institutions Law Blog, June 25, 2012
  
• "Borrower's "Show Me The Note" Argument Fails To Halt Foreclosure," Sheppard Mullin Financial Institutions Law Blog, May 18, 2012
• "The Ninth Circuit Again Follows Concepcion And Enforces Consumer Arbitrations," Sheppard Mullin Class Action Defense Law Blog, March 28, 2012 
• "Federal Law Preempts State Law Barring Arbitration Of Claims For Public Injunction," Sheppard Mullin Class Action Defense Law Blog, March 23, 2012 
• "A 'Loan Workout Plan' Is Not An Agreement To Modify A Loan," Sheppard Mullin Financial Institutions Law Blog, March 13, 2012
• "The U.S. Supreme Court Reaffirms The Enforceability of Arbitration Agreements," Sheppard Mullin Class Action Defense Law Blog, January 31, 2012
• "The U.S. Supreme Court Reaffirms The Enforceability of Arbitration Agreements," The Update, San Diego Defense Lawyers, Winter 2012
• "Default Judgment Is Not Available In Actions To Quiet Title," Sheppard Mullin Financial Institutions Law Blog, January 9, 2012
• "Class Action Waivers After The U.S. Supreme Court Decision in AT&T v. Concepcion," The Update, San Diego Defense Lawyers, Autumn 2011
• "The California Court Of Appeal Disagrees With The U.S. Supreme Court On The Enforceability Of Arbitration Agreements," Sheppard Mullin Class Action Defense Strategy Law Blog, November 2, 2011
• "No Need To Record An Assignment Of A Deed Of Trust Prior To Foreclosure," Sheppard Mullin Financial Institutions Blog, October 21, 2011
• "Dispelling the Myth of MERS as a 'Sham' Beneficiary," Sheppard Mullin Financial Institutions Blog, October 18, 2011
• "In Brown v. Ralphs Grocery Co., California Court of Appeal Strikes Back on the Enforceability of Class Action Waivers in Arbitration Agreements," 18 Association of Business Trial Lawyers Report, San Diego, Fall 2011
• "Too Little, Too Late For Plaintiff's Fraud-Based Mortgage Lawsuit," Sheppard Mullin Financial Institutions Blog, September 20, 2011
• "The California Court Of Appeal Again Rejects A Claim For Wrongful Foreclosure At The Pleading Stage," Sheppard Mullin Financial Institutions Blog, September 1, 2011
• "The California Court Of Appeals Weighs In On Option ARM Class Actions," Sheppard Mullin Financial Institutions Blog, August 31, 2011
• "Class Action Waivers After The U.S. Supreme Court Decision In AT&T v. Concepcion," 18 Association of Business Trial Lawyers Report, San Diego, Summer 2011
• "More Teeth For The Tender Rule," Sheppard Mullin Financial Institutions Blog, June 16, 2011
• "The California Court of Appeal Again Chips Away at In re Tobacco II," Sheppard Mullin Class Action Defense Strategy Blog, May 24, 2011
• "Discover Bank Is Dead: The U.S. Supreme Court Rules That Federal Law Preempts State Laws That Obstruct The Enforcement Of Class Action Waivers In Arbitration Agreements," Sheppard Mullin Class Action Defense Strategy Blog, April 27, 2011
• "To Avoid Assuming Fiduciary Duties, Mortgage Lenders Should Take Care to Avoid Acting as Mortgage Brokers" Sheppard Mullin Financial Institutions Blog, April 14, 2011
• "A Borrower May Not Bring An Action To Determine Whether The Owner Of A Mortgage Note Has Authorized A Nonjudicial Foreclosure," Sheppard Mullin Financial Institutions Blog, April 12, 2011
• "The California Court Of Appeal Holds Claims Under The Perata Mortgage Relief Act Generally Unsuitable For Class Treatment," Sheppard Mullin Class Action Defense Strategy Blog, June 23, 2010
• "The California Court Of Appeal Narrowly Interprets The Perata Mortgage Relief Act," Sheppard Mullin Financial Institutions Blog, June 8, 2010
• "Ninth Circuit Rules That The National Bank Act Preempts California's Unfair Competition Law," Sheppard Mullin Class Action Defense Strategy Blog, April 6, 2010
• "In A Putative Class Action, The Third Circuit Holds That A Plaintiff Must Show Detrimental Reliance On Improper Loan Disclosure Statements To Obtain Actual Damages Under The Truth In Lending Act," Sheppard Mullin Class Action Defense Blog, February 2, 2010
• Co-Author, "The Receiving End," The Daily Journal, Focus Column, Oct. 23, 2008 at 7 
• Co-Author, "Receivers: How They Can Help Your Client In Business Litigation," 16 Association of Business Trial Lawyers Report, San Diego, Summer 2008
• "Writs of Attachment: What They Are, How To Get One, And How To Protect Your Client Against One," 14 Association of Business Trial Lawyers Report, San Diego, Winter 2007
• "The Honorable Dana Sabraw: A View From Both Benches," 12 Association of Business Trial Lawyers Report, San Diego, Summer 2005
• "California Proposition 64 Requires That Pending Actions Based On The Unfair Competition Or False Advertising Laws Be Dismissed," 10 Stanford Journal of Law, Business & Finance, June 2005
• "Proposition 64 Requires That Pending Actions Based On The Unfair Competition Laws Be Dismissed," 12 Association of Business Trial Lawyers Report, San Diego, Winter 2005
• Note, "Endangered Species in the Urban Jungle: How the ESA Will Reshape American Cities," 19 Stanford Environmental Law Journal (May 2000): 423
• "Yellow Justice: Media Portrayal of Criminal Trials in the Progressive Era," 1 Stanford Journal of Legal Studies (Fall 1999)
• "Bison to Blue Whales: Protecting Endangered Species Before the Endangered Species Act," 22 Environs: Environmental Law and Policy Journal (Spring 1999): 71
• Comment, "Congress and Charismatic Megafauna: A Legislative History of the Endangered Species Act," 29 Environmental Law (Summer 1999): 463

Books

• Author, Acting for Endangered Species: The Statutory Ark, Development of Western Resources Series, Kansas University Press, 2002 (hardcover) and 2007 (paperback).  Favorably reviewed by The Journal of American History (June 2003); History: Reviews of New Books (Summer 2003); Perspectives on Political Science (Summer 2003); Environmental History (April 2003); Stanford Environmental Law Journal (Jan. 2003); Animal Keeper's Forum (2003); and Choice (Dec. 2002)
• Contributor, Dictionary of American History, 3rd Edition, Charles Scribner's Sons, 2002. Contributed essays on the Clean Air Act of 1990, the Clean Water Act of 1987, the Occupational Safety and Health Act, the Environmental Protection Agency, the Sierra Club, and the Highway Beautification Act
• Co-Author, The Endangered Species Act, Stanford University Press, 2001

Speeches

• Organizer and Presenter, Association of Business Trial Lawyers Trial Skills Seminar, San Diego, CA, October 2012, 2010, and 2008.
• Speaker, Continuing Legal Education Presentation on Receiverships, San Diego, CA, August 2008.
• Dr. Petersen has taught courses at the University of Wisconsin, Madison, and the University of Montana, Missoula.