Sean Gallagher
USA Guide 2023
Band 4 : Litigation: General Commercial
Band 4
About
Provided by Sean Gallagher
Practice Areas
Appellate
Commercial Litigation
Employment Advice and Investigations
Employment Litigation, Arbitration and Dispute Resolution
False Claims Act Defense
Labor and Employment
Labor and Employment - Health Care
Litigation
Public Policy
Restrictive Covenants and Trade Secrets Litigation
Professional Memberships
College of Labor and Employment Lawyers
- Fellow
Colorado Supreme Court Pattern Civil Jury Instructions Committee
- Member
United States District Court Chief Judge's Select Committee on Judicial Working Group
- Chair
The Practitioner's Guide to Colorado Employment Law, published annually by the Colorado Bar Association
- Managing Editor
American Bar Association
- Employment Rights and Responsibilities Committee, Committee Chairman
- Annual Labor and Employment Conference, Litigation Track Coordinator
Federalist Society for Law and Public Policy Studies
- Member
Republican National Lawyers Association
- Member
The Sedona Conference
- Electronic Discovery Working Group, Member
Colorado Supreme Court Nominating Committee
- Former Member (2000-2006)
Rocky Mountain Junior Achievement
- Former Board Member
Rocky Mountain Human Services and Denver Options
- Former Board Member, Treasurer and Chairman
Faculty of Federal Advocates
- Former Board Member
Denver Active 20-30
- Founding Member
University of Colorado Law School
- Former Adjunct Law Professor, Electronic Discovery
University of Denver Sturm College of Law
- Former Adjunct Law Professor, Lawyering Process
Publications
ITR Americas Tax Awards 2022: The winners | Mentioned, International Tax Review, September 23, 2022
Attorneys warn employers must prepare for law change on noncompete agreements | Quoted, Denver Business Journal, April 18, 2022
Colorado Court of Appeals Rejects TABOR Attack on Hospital Fee | Quoted, Law Week Colorado, November 23, 2020
Jury Might Scrutinize Hospital Response to Safety Concerns | Quoted, ED Legal Letter, November 1, 2020,
Reopening the Economy and Getting Back to Business: Will Liability Waivers Protect My Business? | Co-Author, COVID-19 Blog, May 11, 2020
Re-Opening the Economy and Getting Back to Business: Business Owners’ Liability Risk When Dealing With Customers and Others | Co-Author, COVID-19 Blog, April 29, 2020
Polsinelli Obtains Favorable Decision in Challenge to Colorado’s Medicaid Funding Program, March 2019
Industry Sector Expertise
- Colorado
- United States Supreme Court, 2004
- U.S. Court of Appeals, Tenth Circuit, 1987
- U.S. Court of Appeals, Ninth Circuit, 2003
Work Highlights
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 numerous employers in lawsuits in state and federal court.
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.
Education
University of Denver
Juris Doctor
1984 - 1987
Baylor University
Bachelor of Arts
1984
Awards
Labor and Employment Star
Benchmark Litigation
2022
Best Lawyer, Commercial Litigation
The Best Lawyers in America
2023
Best Lawyer, Litigation-Labor and Employment
The Best Lawyers in America
2023
Top 100 Colorado Super Lawyers
Colorado Super Lawyers
2017
Top 10 Newsmakers
Denver Business Journal
2012
Top 100 Irish Lawyers in America
Irish Legal 100
Denver’s Top Lawyers, Litigation
5280 Magazine
2023