Sean R. Gallagher

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.

Sean has been elected by his peers as a Fellow in the College of Labor and Employment Lawyers for his "sustained outstanding performance in the profession."  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. Sean has been recognized as one of the Top 100 lawyers in Colorado by Colorado Super Lawyers.

As 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.

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.

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 has lectured at more than 150 programs across the country on litigation, ethics, and electronic discovery matters. He also 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.
• Obtained summary judgment on behalf of dozens of clients in cases alleging race, sex and disability discrimination.
• 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.
• Represented member of Rock 'n Roll Hall of Fame in multiple matters, including defense of defamation claim.
• 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.
• Successfully defended federal government contractor in state jury trial alleging wrongful termination and retaliation.
• Successfully defended federal government contractor in federal jury trial alleging violation of Title VII and retaliation. 
• Successfully defended employer in federal jury trial alleging violations of the Americans with Disabilities Act. 
• Successfully defended employer in federal jury trial alleging violations of ERISA and retaliation.
• Successfully defended Immigrations and Customs Enforcement agent in federal civil jury trial alleging violation of Fourth Amendment.
• National Labor Relations Board v. Noel Canning, ___ U.S. ___ (2014).  Submitted amicus brief on behalf of public policy research organization concerning original understanding of the Constitution's Recess Appointments Clause. Arguments quoted in concurring opinion by Justice Antonin Scalia.
• Wood v. Moss, ___ U.S. ___ (2014). Submitted amicus brief on behalf of U.S. Conference of Mayors, National League of Cities, National Governors Association and others in First Amendment viewpoint discrimination case.
• Kitchen v. Herbert, ___ F.3d ___ (10th Cir. 2014).  Submitted amicus brief on behalf of Western Republicans who support same sex marriage in first federal circuit court decision to hold state same sex marriage bans violate U.S. Constitution.
• DeBoer v. Snyder, Bourke v. Beshear, Tanco v. Haslam, Henry v. Himes.  Submitted amicus brief on behalf of Republicans who support same sex marriages in four cases pending in U.S. Court of Appeals for the Sixth Circuit.