SEAN GRIFFIN is an associate in the firm’s Washington, D.C. office, where he 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 has represented clients in a wide variety of government investigations and lawsuits. He has assisted clients to defend against alleged violations of the False Claims Act (FCA), the Anti-Kickback Statute (AKS), the Federal, Food, Drug and Cosmetic Act (FDCA), and related state laws. Representative engagements include:

Defending pharmaceutical manufacturers against allegations that they failed to disclose important risk and safety information, engaged in misleading promotion, engaged in off-label promotion, and/or violated the AKS.
Appealing an eight-figure judgment entered against a pharmaceutical manufacturer accused of improper pricing in violation of the state consumer protection act. AstraZeneca Pharms., LP v. Commonwealth, 405 S.W.3d 506 (Kt. Ct. App. Oct. 12, 2012).
Defending a financial institution in multiple FCA cases alleging violations of federal mortgage regulations. See, e.g., U.S. ex rel. Adams v. Wells Fargo Bank, N.A., 2013 U.S. Dist. LEXIS 175322 (D. Nev. Dec. 11, 2013).
Defending a telecommunications company in an FCA case involving the provision of telecommunication relay services. Lyttle v. AT&T Corp., 2013 U.S. Dist. LEXIS 151543 (W.D. Pa. Nov. 13, 2013).

Administrative/FDA Matters

Sean regularly works with attorneys in Sidley’s Food, Drug, and Medical Device Regulatory practice to advise 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 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 has represented both defendants and plaintiffs in a broad array of complex commercial disputes, including cases involving allegations of fraud, breach of fiduciary duty, deepening insolvency, unfair business practices, breach of contract, and violations of the federal securities laws, RICO statute, Lanham Act, and antitrust laws. 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.