Sean J. Kirby

Sean Kirby is an associate in the Labor and Employment Practice Group in the firm's New York Office.

Areas of Practice

Mr. Kirby has experience representing management in a variety of employment-based matters in both judicial and arbitral forums, including disputes relating to discrimination and harassment allegations, breach of restrictive covenants and employment agreements, and wrongful termination.  Mr. Kirby also counsels employers on labor and employment issues, including wage and hour matters, personnel policies and internal investigations.

Mr. Kirby also has experience representing clients in a variety of general commercial and financial disputes including breach of contract, securities and accounting fraud. In addition, Mr. Kirby has experience representing clients in disputes over copyright and trademark infringements.

Education

• J.D., Fordham University, 2006, cum laude
• B.A., LeMoyne College, 2001, cum laude

Clerkships

• Interned for the Honorable Kevin T. Duffy, U.S. District Court for the Southern District of New York

Admissions

• New York
• New Jersey
• United States District Court for the Southern and Western Districts of New York
• United States District Court for the District of New Jersey

The following are examples of representative matters Mr. Kirby has worked on:

• Assisted in the ongoing representation of a large U.S. and international financial conglomerate in connection with a nationwide federal False Claims Act and California state False Claims Act investigations, related civil qui tam action, and related arbitration.
• Assisted in the representation a multinational conglomerate corporation in an international arbitration concerning an advanced technology distribution and licensing agreement.
• Assisted in the representation of a former international fund manager in wave of SEC “market timing” prosecutions.
• Assisted in the representation the former Ambassador from Bosnia to the United Nations in connection with his extradition proceedings, which resulted in the landmark decision by the Second Circuit reversing the District Court’s denial of the Ambassador’s petition for writ of habeas corpus and holding that he may not be extradited pursuant to the request that had been made by the Bosnian government.  
• Assisted in the representation of hotel managers and owners in arbitrations and litigations concerning the termination of hotel management agreements.    Assisted in the successful defense of a coordinating entity for a global network of accounting firms against a $178 million dollar accounting malpractice claim in Florida state court.    
• Assisted in the representation of Final Analysis Communication Services, Inc. in an action against General Dynamics Corp. for breach of satellite system construction agreements and strategic equity partnership agreements. The trial in the action resulted in a jury verdict in favor of Final Analysis in the amount of $159,900,000.

Honors

• Rising Star, Employment & Labor, New York Super Lawyers, 2011, 2012
• Selected, Top 40 Labor & Employment Lawyers Under 40 in the State of New York, The American Society of Legal Advocates, 2013

Memberships

• Member, New York State Bar Association

Articles

• "Access Denied: Employers Should Avoid Seeking Access to Social Media Accounts," Bloomberg BNA, July 19, 2012  
  
• "ADA Amendments Breathe New Life Into Disability Claims," New York Law Journal, May 4, 2012
• "Condo Hotels As Securities," HotelExecutive.com, July 1, 2008
• Arbitrating Hotel Management Agreement Disputes: Beware of "Arbigation", Hotel Executive.com, March 1, 2008

Corporate & Securities Law Blog Articles

• "First Circuit Holds That Section 806 of the Sarbanes-Oxley Act Extends Only to Employees of Public Companies, Not Employees of Private Companies Who Are Contractors or Subcontractors for Covered Public Companies," February 15, 2012
• "Second Circuit Vacates Dismissal Of Securities Fraud Claims Holding That Mutual Funds' Alleged Misrepresentations Regarding Payment Of Transfer Agent Fees Were Material", March 1, 2010 

Labor & Employment Law Blog Articles

• "New York City Council Passes Act Requiring Mandatory Paid Sick Leave," May 15, 2013
• "E.D.N.Y. Judge Reverses Course: Rule 41 Stipulation of Voluntary Dismissal in FLSA Action Does Not Require Court Approval," April 4, 2013
• "Second Circuit Upholds Enforceability of Arbitration Agreements that Bar Title VII Class Actions, Finding that there is no Substantive Statutory Right to Pursue a Pattern-or-Practice Claim," March 22, 2013
• "Update: New Jersey Minimum Wage Bill Vetoed By Governor Christie," February 12, 2013
• "Payment Required: New York Court Finds No Violation Of New York Labor Law Section 193 Where Unpaid Interns Did Not Receive Wages From Employer," January 23, 2013
• "Ninth Circuit Finds Employment Agreement Ambiguous As To Whether An Employee's "Ideas" Were Assigned To Employer ", August 4, 2010

New York Commercial Division Round-Up Blog Articles

• "Untimely Filing Of Motion To Dismiss Does Not Warrant Automatic Dismissal Where Motion Is Meritorious And Opposing Party Will Not Be Prejudiced", January 27, 2011
• "Commercial Division Provides a Reminder to Practitioners that Failing to Plead All Elements of a Breach of Contact Action Will Result in Dismissal," September 8, 2010

Speeches

• "Social Media, the First Amendment, and the NLRB: What Can Fashion Employers Do to Protect Their Brand and Designs?" New York, February 13, 2013

Events

• Access Denied: Employee Social Media Use and Potential Liability for Employers Who Attempt to Monitor or Regulate It, August 23, 2012, A Bloomberg BNA webinar presented by Eric Raphan and Sean Kirby