Sean Gallagher has spent more than 25 years representing clients in boardrooms and courtrooms across the country and is one of only a handful of Colorado lawyers in the history of the state 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 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 and misrepresentation, securities fraud, defamation, antitrust violations, consumer protection violations, theft of intellectual property, whistleblowing and violations of the False Claims Act, and corporate governance disputes. Sean also assists clients in implementing proactive employment policies that minimize the risk of litigation. When necessary, however, he represents senior executives and management in all aspects of employment litigation.
Sean has also handled 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. He has lectured extensively on litigation, ethics, and electronic discovery matters.
- 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.