• vcard
D 720.931.1163
F 303.572.7883
  • Education
    • J.D., University of Denver Sturm College of Law, 1987
    • B.A., Baylor University, 1984
  • Court Admissions
    • United States Supreme Court, 2004
    • U.S. Court of Appeals, Tenth Circuit, 1987
    • U.S. Court of Appeals, Ninth Circuit, 2003

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: complex commercial litigation, employment counseling/litigation, and constitutional/public policy matters.

His representative commercial litigation experience includes cases involving claims for common law fraud, securities fraud, defamation, unfair competition, consumer protection violations, theft of intellectual property, whistleblowing, the False Claims Act, 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 currently serves as an adjunct professor at the University of Colorado Law School, where he teaches Electronic Discovery.  

  • Successfully represented two U.S. Secret Service agents in the Supreme Court of the United States in a case involving the scope of civil liability of Secret Service agents protecting the U.S. President and Vice-President.
  • Successfully represented a member of the President’s advance team in a case involving alleged viewpoint discrimination by the White House.
  • Successfully represented the largest private operator of health care facilities in the world in a challenge to a $1.4 billion acquisition of seven hospitals in Colorado.
  • Successfully represented a Fortune 100 corporation in litigation arising out of the failed implementation of an Enterprise Resource Planning software package.
  • Represented an agency of the state of Colorado in litigation arising out of a joint venture to develop loan portfolio management software.
  • Obtained summary judgment on behalf of client in case alleging disability discrimination.
  • Represented the Colorado governor in the state's congressional redistricting litigation following the 2000 decennial census.
  • Successfully represented a U.S. Congressman in a recount following the closest congressional race in the 2002 general election.
  • Served as Colorado general counsel and national recount counsel for Republican presidential candidates in the last three presidential campaigns.
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