Sean C. Griffin

SEAN GRIFFIN represents individual and corporate clients in government enforcement matters, administrative disputes with the Food and Drug Administration (FDA) and commercial litigation. He has appeared in courts around the country and has deep experience in all phases of litigation.

Government Enforcement

Sean represents clients in a wide variety of government investigations and lawsuits. Representative engagements include:

• Defending pharmaceutical manufacturers against alleged violations of the Federal, Food, Drug and Cosmetic Act (FDCA) and/or consumer protection statutes.
• Defending a leading mortgage lender and a leading telecommunication provider in False Claims Act cases. See, e.g., U.S. ex rel. Hastings v. Wells Fargo Bank, N.A., 2014 U.S. Dist. LEXIS 96864 (C.D. Cal. July 15, 2014); U.S. ex rel. Adams v. Wells Fargo Bank, N.A., 2013 U.S. Dist. LEXIS 175322 (D. Nev. Dec. 11, 2013); Lyttle v. AT&T Corp., 2013 U.S. Dist. LEXIS 151543 (W.D. Pa. Nov. 13, 2013).
• Defending a leading telecommunications provider in a major investigation involving all 50 states and two federal agencies regarding wireless telephone services.

Administrative/FDA Matters

As part of Sidley’s FDA regulatory practice group, Sean represents clients facing actual or potential disputes with FDA. Representative engagements include:

• Obtaining a landmark ruling limiting FDA’s enforcement discretion. Beaty v. FDA, 853 F. Supp. 2d 30 (D.D.C. 2012); Cook v. FDA, 733 F.3d 1 (D.C. Cir. 2013).
• Assisting clients to file citizen petitions, seek supervisory review, and engage with FDA regarding Hatch-Waxman and biosimilar issues, the REMS provisions of the FDCA, prescription drug marketing and FDA’s unapproved new drug policies.
• Advising clients regarding the availability of judicial review, the preservation of litigation claims and the justiciability objections (standing, ripeness, finality, exhaustion and abstention) most often raised by FDA.

Commercial Litigation

Sean represents both defendants and plaintiffs in a broad array of complex commercial disputes. Representative engagements include:

• Defending an individual client in a civil RICO and antitrust matter alleging a conspiracy to rig the market for municipal services contracts. Obtained dismissal of all claims against our client. Willie McCormick & Assocs. v. Lakeshore Eng’g Servs., 2013 U.S. Dist. LEXIS 178690 (E.D. Mich. Dec. 20, 2013); Macomb Interceptor Drain Drainage Dist. v. Kilpatrick, 896 F. Supp. 2d 650 (E.D. Mich. 2012).
• Suing an individual on the Forbes 400 list on behalf of a defrauded business partner and investor. Obtained an eight-figure settlement.
• Defending a major financial institution in consolidated multi-district proceedings arising out of the collapse of an Italian dairy giant. Obtained victories on motions to dismiss, through summary judgment, and at trial — all of which were affirmed. In re Parmalat, 497 F. Supp. 2d 526 (S.D.N.Y. 2007); In re Parmalat, 570 F. Supp. 2d 521 (S.D.N.Y. 2008); Smith v. BoA, 501 F. Supp. 2d 560 (S.D.N.Y. 2007), PCFL v. BoA, 659 F. Supp. 2d 504 (S.D.N.Y. 2009); FHL v. BoA, 684 F. Supp. 2d 453 (S.D.N.Y. 2010); Pappas v. BoA, 309 Fed. Appx. 536 (2d Cir. 2009); PCFL v. BoA, 412 Fed. Appx. 325 (2d Cir. 2011); FHL v. BoA, 423 Fed. Appx. 73 (2d Cir. 2011).

Sean graduated with honors from the University of Chicago Law School in 2005, where he served on the board of the Hinton Moot Court and on the staff of the MacArthur Justice Center legal clinic.