News and Publications

News

In January 2018, we prevailed in an arbitration and obtained a multi-million dollar award in favor of our client, an investment bank.

In February 2017, we prevailed in a multi-day trial in federal bankruptcy court, proving that our client, a publicly-traded bank, had standing to pursue breach of fiduciary duty claims against former officers of a bankrupt entity that had defrauded the bank.

In November 2016, we obtained a ruling on appeal which reinstated a $250 million business defamation claim brought on behalf of a hedge fund.

In September of 2016, we obtained the complete dismissal, following a multi-day arbitral hearing, of multi-million dollar claims arising out of the sale of a technology company.

In December 2015, we won the reversal, on appeal, of a judgment that had been entered against its client, a fund manager, in a dispute concerning the client’s entitlement to fund profits.

In June 2015, we obtained the complete dismissal, following an arbitral hearing, of multi-million dollar claims brought against a private investment firm based upon the alleged breach of a fund-raising agreement and related fraud.

In May of 2015, we obtained the affirmance, on appeal, of a summary judgment ruling that it had obtained on behalf of a hedge fund, in which the court dismissed multi-million dollar claims for compensation and attorneys’ fees brought by former employees.

In February 2013, we won a $12.7 million verdict, including $6 million in punitive damages, on behalf of a hedge fund manager against a public REIT, proving claims of fraud and breach of fiduciary duty.

Sean O’Brien was appointed to the United States Court of Appeals for the Second Circuit Pro Bono Panel in August of 2012.

Court Flips Privilege Ruling in $50 Million Hedge Fund Pay Case,” Law360, August 21, 2012.

We sponsored and coordinated “The Fourth Amendment in the 21st Century,” a Federal Bar Council CLE Program held on May 23, 2012.

“Sean R. O’Brien Launches Boutique Law Firm Focused on Hedge Fund Litigation,” Hedge Fund Law Report, Vol. 4, No. 40 (Nov. 10, 2011).

We are the sponsor of the Fifth Annual Hedge Fund General Counsel Summit held on September 13, 2011. www.corpcounsel.com/hedgegc.

“New York State Supreme Court Dismisses Intentional Infliction of Emotional Distress Claim in Suit by Former Employees Against Hedge Fund Manager Touradji Capital,” The Hedge Fund Law Report, June 11, 2010.

“Amaranth Withdraws $350 Million Case Against Touradji Capital,” Law.com, November 17, 2009.

Publications

“How Hedge Fund Managers Can Protect Their Trade Secrets In Light of Recent NY Appellate Ruling,” The Hedge Fund Law Report, Vol. 10, No. 10 (March 9, 2017), by Sean R. O’Brien, Sara A Welch and James Ng.

“Recent NY Appeals Court Rulings Clarify How Fund Managers May Pursue Former Employees for Breach of Fiduciary Duty and Improper Use of Performance Record,” The Hedge Fund Law Report, Vol. 9, No. 49 (December 15, 2016), by Sean R. O’Brien, A.J. Monaco and Michael Ahern.

“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.