Sean Gallagher has spent more than 25 years fighting for his clients in boardrooms and courtrooms across the country, and is one of only a handful of lawyers in Colorado history to have argued a case in the Supreme Court of the United States and prevailed with a unanimous decision.
Noted by the Chambers USA guide for his “excellent follow through,” Sean’s active trial and appellate practice emphasizes three general areas: commercial litigation, employment counseling/litigation, and constitutional/public policy matters.
His representative commercial litigation experience includes cases involving claims for breach of contract, common law fraud, securities fraud, defamation, unfair competition, consumer protection violations, theft of intellectual property, whistleblowing, ERISA, Medicare payer rules, state and local tax matters and corporate governance disputes.
Also a member of the firm’s Labor and Employment practice, Sean assists employers in implementing proactive employment policies that help minimize the risk of litigation. When necessary, however, he represents management in all aspects of employment litigation, including cases involving covenants not to compete, wage and hour violations, breach of fiduciary duty and discrimination.
Many of Sean’s cases involve disputes in which the client’s business interests collide with government regulations and policies, often in a very public way. Sean has represented companies, trade associations, political leaders and public servants with a broad spectrum of public policy, constitutional, and election matters, including several First Amendment cases of national significance. He has served as national counsel for three presidential campaigns, has twice been appointed a Special Assistant Attorney General by the State of Colorado, and has been retained on multiple occasions by the U.S. Department of Justice to represent federal officials in civil litigation. In 2012, he successfully represented two U.S. Secret Service agents in the Supreme Court of the United States in Reichle v. Howards, 566 U.S. ___ (2012) where he obtained a unanimous decision on behalf of his clients in a case involving the scope of civil liability of Secret Service agents protecting the President and Vice President.
As an adjunct to his litigation practice, Sean is nationally recognized for his experience in the field of electronic discovery. He is a member of The Sedona Conference’s Working Group on Best Practices for Electronic Document Retention and Production and helped lead a team that drafted the conference’s commentary on Proportionality in the e-Discovery Process. A sought after speaker, Sean lectured at more than 150 programs across the country on litigation, ethics, and electronic discovery matters. He has also served as an adjunct professor at the University of Colorado Law School, where he teaches Electronic Discovery.