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

Awards