Denis F. Shanagher has more than 42 years of experience in representing clients in complex real estate and construction matters, including contracts, entitlements and dispute resolution. He represents a diverse group of clients in all aspects of the real estate development and construction process, including owners, developers, contractors and ownership association. His expertise includes contract drafting and negotiation, association management, and disputes regarding complex construction defects, design, delay, easements, title, and various aspects of the approval process (CEQA, entitlement, subdivision map act and administrative hearings). He also has significant experience with insurance coverage (advice and litigation for both policyholders and insurers in the real estate and construction context); and general commercial contract disputes. He also has provided counsel in the areas of professional negligence, emphasizing real estate agents, attorneys, accountants and insurance brokers.
Mr. Shanagher is a 1981 graduate of the University of California, Hastings College of the Law, where he was a member of the Constitutional Law Quarterly, and a graduate, with distinction, of Stanford University. He has been listed in Northern California Super Lawyers, Business Litigation, and Northern California Best Lawyers annually since 2008, including being selected Lawyer of the Year for Real Estate Litigation in 2023.
Representative Matters
Counsel for Tishman Speyer Properties, LP which, through a subsidiary, is the developer of The Infinity, a multi-structure mixed use property in downtown San Francisco.
Representing Equity Residential in a lawsuit for breach of contract and negligence against the architect for the construction of the Project, HKS Inc. The lawsuit arises from HKS’ failure to timely and properly deliver its design drawings for the Project, resulting in increased Project costs including escalation and lost rents.
Representing a university in an arbitration proceeding arising out of the construction of an artificial turf baseball field.
Representing developers and owners in obtaining project approvals (commercial, residential, and industrial) before local and state agencies.
Representing property developers/owners in CEQA litigation and contract disputes.
Representing property owners and contractors in complex construction defect litigation.
Representing insurers and insureds in the evaluation and litigation of complex insurance coverage disputes throughout the Western United States.
Representing temporary employment and retail firms in various employment matters, including wage/hour class actions, wrongful termination and discrimination claims.
Representing commercial firms in trade secrets and unfair competition claims.
Represented national retailer (850+ stores in 26 states) in various commercial litigation matters, including trade secret and unfair competition litigation, SEC litigation and in wage/hour class action.
Representing real estate and insurance brokers in errors and omissions litigation.
Representative Clients
The Related Companies; Tishman Speyer Properties; Equity Residential; Centric Construction; North Coast Land Development; Singular Builders, G.I. Partners; Reliant Group Management; GTIS Real Estate; University of San Francisco; Dolman Property Group; Green St. Investment LLC; Ardent Companies; JS Sullivan Development.
Areas of Practice
- General Real Estate Litigation
- Negotiation and Drafting Real Estate and Construction Contracts
- Construction Litigation
- Land Use and Land Use Litigation
- General Commercial Litigation
- Insurance Coverage and Insurance Coverage Litigation
- Professional Liability Litigation
Professional Activities
- American Bar Association
- State Bar of California
- San Francisco Superior Court Arbitrator, 1989-present
- San Francisco Superior Court Settlement Conference panelist, 1988-present
- San Francisco Superior Court judge pro tem, 1991-present
Admissions
- California
- U.S. Court of Appeals for the Ninth Circuit
- U.S. District Court for the Central District of California
- U.S. District Court for the Eastern District of California
- U.S. District Court for the Northern District of California
- U.S. District Court for the Southern District of California
Education
- University of California College of the Law, San Francisco, J.D., 1981
- Member, Constitutional Law Quarterly - Stanford University, B.A., 1978
Experience
- Duane Morris LLP
- Partner, 2015-present - McKenna Long & Aldridge LLP
- Partner, 2012-2015 - Luce Forward Hamilton & Scripps LLP
- Partner, 2004-2012 - Preuss Walker & Shanagher
- Partner, 1993-2002 - Bronson Bronson & McKinnon
- Associate/Partner, 1981-1993
Civic and Charitable Activities
- Stanford Rugby Foundation, Chairman, 2004-present
- The Drew School Board of Directors, 2002-present
- San Francisco Little League, President, 2006-2009, Board Member
- The Randall Museum Board of Directors, 1998-2002
- St. Francis Homes Association, President, 1994-1996
Honors and Awards
- USA Rugby – Hall of Fame Inductee - 2024
- San Francisco Magazine – Northern California Top Attorneys 2010-2025
- Northern California Best Lawyers – Real Estate Litigation Lawyer of the Year, 2023
- Northern California Super Lawyers, Business Litigation, 2008-2025
- Super Lawyers Business Edition, Business Litigation, 2012-2020
- Super Lawyers Corporate Counsel Edition, Business Litigation, 2010-2019
- AV Preeminent® Peer Review Rated by Martindale-Hubbell®
- Real Estate Litigation – A Toolkit for Transaction Lawyers; Practicing Law Institute Annual Commercial Real Estate Institute program, San Francisco, CA, November 2012 - 2014.
- Ongoing Operations and Off-Site AI Exposure. 2013 Annual Claims Seminar, RSUI Group Inc., Sherman Oaks, CA, May 13, 2013.
- Vicarious Defense – Ramifications of SB 474; Evolution of the Crawford Decision; 2013 Annual Claims Seminar, RSUI Group Inc., Atlanta, GA, April 17, 2013.
- Litigation of Disputes Over Easements and CC&Rs – Biggest Problem Areas and Resulting Drafting Lessons; Law Seminars International, San Francisco, CA, November 14, 2012.
- Strategies in Defending Architects and Engineers; 2012 Annual Claims Seminar, RSUI Group Inc., Atlanta, GA, April 16, 2012.