Maximilien D. Fetaz

Maximilien D. Fetaz

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Background

Commercial litigator with focus on securities and corporate matters. Known for thought leadership in corporate governance, securities and M&A litigation. Deep knowledge of Nevada corporate statutes and navigating business courts.

With an eye for recovering or minimizing financial losses, Max represents his clients in state and federal court in complex commercial litigation disputes, with a focus on securities and M&A litigation. His knowledge of Nevada’s corporate governance statutes allows him to successfully represent both privately held and publicly traded companies and their respective directors in shareholder derivative suits and securities class actions. Max also has broad experience in defending manufacturers against product liability claims, securing fair outcomes under Nevada’s public procurement laws, representing companies in Nevada’s burgeoning cannabis industry and pursuing contract claims in Nevada’s gaming industry.

Max’s recent successes include dismissal at the pleading stage of a shareholder class action and enforcing rights under Nevada’s recreational marijuana establishment laws. Whether obtaining an injunction to stop an action detrimental to his client’s interest or achieving his client’s desired outcome with summary judgment, Max’s balanced approach allows his clients to be successful in the courtroom no matter the dispute.

Prior to Brownstein, Max served as a law clerk to the Honorable Elizabeth G. Gonzalez (Ret.), of the Business Court for the Eighth Judicial District Court.

    Representative Matters

    Securities and M&A Litigation

    • Represented certain DISH Network directors as Nevada counsel concerning claims surrounding the potential purchase of wireless spectrum assets valued at $2.2 billion. Facing allegations of “entire fairness” review, successfully represented the directors in a preliminary injunction hearing that allowed them to continue using their business judgment to vet the purchase.

    • Acted as Nevada counsel to a Chinese real estate company and secured victory at trial for the client company in a dissenter’s rights (appraisal) action arising out of going-private transaction.

    • Represented ClubCorp and related directors as Nevada counsel in $1.1 billion stock acquisition with certain investment funds affiliated with Apollo Global Management. While asserting protections under Nevada’s statutory business judgment rule and Nevada’s exculpation statutes, the matter was resolved in a settlement while motions to dismiss were pending decision.

    • We successfully achieved dismissal of an action on behalf of AMC Networks and its directors, in relation to the $274 million merger of AMC and RLJ Inc. Acting as Nevada counsel, we represented our clients at the trial court and had the dismissal affirmed before the Nevada Supreme Court resulting in the published opinion, Guzman v. Johnson, 137 Nev. Adv. Op. 13 (2021).

    Commercial Litigation

    • Represented Brocade by successfully enjoining improper award of $26.5 million enterprise class network equipment contract due to violation of public bidding laws, and ultimately resulted in Brocade receiving contract from public body.

    • Successfully terminated a multi-million dollar franchise agreement with public body on behalf of an advertising company

    • Represented non-restricted gaming licensee on Las Vegas Strip concerning patron dispute of $2,000,0000 in markers. The claims against client were dismissed at the pleading stage.

    • Represented an owner on a $12.3 million, 226 unit senior residential apartment complex project. The claims were asserted against the general contractor and architect, and included construction defect, breach of contract, and fraud claims. The matter was successfully resolved during trial resulting in a favorable settlement for our client.

    Product Liability Litigation

    • Represented Broan-NuTone in product liability cases against subrogee.

    • Acted as Nevada counsel to Otsuka America Pharmaceutical in product liability cases relating to Otsuka America Pharmaceutical’s drug Abilify®.

    • Represented Life Fitness as Nevada counsel in product liability cases.

    Credentials

    Education

    • J.D., 2011, UNLV William S. Boyd School of Law
    • B.A., 2005, Loyola Marymount University, cum laude

    Admissions

    • Nevada

    Memberships

    State Bar of Nevada

    Clark County Bar Association

    American Bar Association

    Community Involvement

    COMMUNITY INVOLVEMENT:

    Volunteer, Piero’s Restaurant “Turkey Gobble,” 2005-present

    Board of Directors, Sunrise Children’s Foundation 

    Recognition

    AWARDS:

    Best Lawyers: Ones to Watch in America, 2021-2025

    Vegas Inc Top Lawyers, Securities, 2020-2021, 2024

    Super Lawyers, Mountain States, Rising Stars, 2019-2022

    1st Place Team, Society of Advocates Mock Trial Competition

    Legal Elite, Nevada Business Magazine, 2017

     

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