Sean R. O'Brien has successfully represented hedge funds, private equity firms, commercial banks, investment banks, investors, small businesses and individuals in a wide-range of disputes and civil, regulatory, and criminal proceedings. Mr. O'Brien's practice principally involves disputes arising out of complex financial transactions, shareholder and partnership disputes, and employment and trade secret disputes. Mr. O'Brien has significant experience in representing hedge funds and other private investment firms as well as their principals and employees in such matters.
Following law school Mr. O'Brien clerked on the United States Court of Appeals for the Second Circuit, and then began his career at Sullivan & Cromwell LLP, where for one year he litigated his own prisoner civil rights cases as the firm's Pro Bono Fellow. Mr. O'Brien later practiced at Sullivan & Cromwell in the areas of securities and antitrust litigation, and was a member of the trial team in the defense of the Department of Justice's landmark case against Microsoft Corporation. Prior to the founding of O'Brien LLP, Mr. O'Brien was a partner at a litigation boutique headed by Stanley S. Arkin, one of the nation's foremost white-collar criminal defense attorneys. At that firm, Mr. O'Brien successfully resolved complex litigation throughout the country at the trial and appellate levels.
“Defend Trade Secrets Act Provides Hedge Fund Managers With Protections for Proprietary Trading Technology and Other Trade Secrets,” The Hedge Fund Law Report, Vol. 9, No. 25 (June 23, 2016), by Sean R. O’Brien and A.J. Monaco.
"How Can Hedge Fund Managers Protect Themselves Against Trade Secret Claims?,” The Hedge Fund Law Report, Vol. 7, No. 19 (May 16, 2014), by Sean R. O’Brien, Sara A Welch and A.J. Monaco.
“Hedge Fund Incentive Compensation Not Subject to Wage Claim Under New York Labor Law,” The Hedge Fund Law Report, Vol. 7, No. 14 (April 11, 2014), by Sean R. O’Brien and Sara A. Welch.
“Recent Developments Affecting the Protection of Trade Secrets by Hedge Fund Managers,” The Hedge Fund Law Report, Vol. 6, No. 41 (Oct. 24, 2013), by Sean R. O'Brien and Sara A. Welch.
"Can Hedge Fund Managers Contract Out Of Default Fiduciary Duties When Drafting Delaware Hedge Fund and Management Company Documents?," The Hedge Fund Law Report, Vol. 6, No. 14 (Apr. 4, 2013), by Sean R. O'Brien and Sara A. Welch.
"Computer Crime in New York Federal and State Courts," The New York Law Journal (Nov. 1, 2012), by Sean R. O'Brien and Sara A. Welch.
"Protecting Hedge Funds' Trade Secrets: What A Difference A Year Makes," The Hedge Fund Law Report, Vol. 5, No. 16 (Apr. 19, 2012), by Sean R. O'Brien and Sara A. Welch.
"Portability and Protection of Hedge Fund Investment Track Records," Hedge Fund Law Report, Vol. 4, No. 40 (Nov. 10, 2011), by Sean R. O'Brien, Sara A. Welch and Joel A. Blanchet.
"Protecting Hedge Funds' Trade Secrets: The Federal Government's Enforcement of Criminal Laws Protecting Proprietary Trading Strategies," The Hedge Fund Law Report, Vol. 3, No. 48 (Dec. 10, 2010), by Sean R. O'Brien and Sara A. Welch.
"The Computer Fraud and Abuse Act, A New Prosecutorial Weapon?," Business Crime Bulletin July 2010 by Stanley S. Arkin, Sean O'Brien and David Pohl.
"Effective Use of Private Investigators," New York Law Journal (Dec. 26, 2007), by Stanley S. Arkin and Sean R. O'Brien.