position was that Lucent had encouraged
Extreme to put a certain feature in its
product, but later accused Extreme of
infringement. As colleague Elson tells the
story, McMahon hooked his finger into
his mouth, like he was a fish on a line,
to demonstrate how Extreme had been
hooked, and then he dragged himself
across the length of the jury box.
“He’s unscripted,” Elson says. “Other
lawyers, even first chairs at major
law firms, are relatively wooden in
comparison. Terry improvises, and he’s
very fluid in his presentation. He knows
the facts of the case inside and out, so
he’s not tied to a script.”
As McMahon puts it, “I’m not big on
memorization. If you’re an actor, you
have to learn the lines because the
screenwriters have done a beautiful job
creating a piece of art, but that’s not our
game. I see a lot of lawyers reading from
their PowerPoint and losing the judge or
jury. A lawyer will end up sounding stilted
or confused and end up missing what’s
going on in the room.”
McMahon is more like the director
who creates a compelling scene for
his audience—the judge and jury—but
then leaves room for improvisation.
Take a medical malpractice case that
McMahon handled early in his career.
Shortly after a woman gave birth, she
took a trip up to Lake Tahoe with her
husband and baby. She began to have
postpartum bleeding and was rushed
to an emergency room. It turned out
the original doctor had not completely
removed the placenta.
For over a decade, Kerr & Wagstaffe LLP has established
itself as a premier law firm in San Francisco for handling
a wide range of complex litigation and appeals. We excel
at resolving high-stakes litigation, ranging from consumer,
employment, intellectual property and wrongful death
matters to First Amendment and other constitutional cases.
Just some of the firm’s successes last year:
Successfully defended on appeal a trial court victory for
insurance policyholders
Achieved dismissal of a multimillion dollar lawsuit brought
by Chevron Corporation against an environmental law
plaintiff’s lawyers
Prosecuted ongoing life insurance benefits MDL case on
behalf of veterans’ families
Continued to represent the research organization that invented the technology underlying Wi-Fi in patent infringement
cases against numerous computer hardware and mobile
device manufacturers
As appellate counsel, secured reversal of an unfavorable
trial court judgment against a California municipality in a
redevelopment dispute
Successfully defended on appeal a directed verdict in
favor of the founder of a technology company in a fraud
and breach of fiduciary duty action
Co-authored The Rutter Group’s Federal Practice Guide:
Federal Civil Procedure Before Trial.
KERR & WAGSTAFFE LLP
The firm again congratulates H. Sinclair Kerr, Jr. and James M. Wagstaffe
on their selection to the Super Lawyers® list this year.
100 Spear Street, 18th Floor, San Francisco, CA 94105-1576
(415) 371-8500 | FAX: (415) 371-0500
www.kerrwagstaffe.com