Sean R. O'Brien

Attorney Profile

Top Rated Business Litigation Attorney in New York, NY

O'Brien LLP
 | 590 Madison Avenue, 35th Floor
New York, NY 10022
Phone: 332-232-1248
Selected To Super Lawyers: 2020
Licensed Since: 1995
Practice Areas:
  • Business Litigation (50%),
  • Employment Litigation: Defense (20%),
  • Securities Litigation (10%),
  • Employment Litigation: Plaintiff (10%),
  • Criminal Defense: White Collar (10%)
  • Virtual Appointments
Attorney Profile

Attorney Sean R. O'Brien is the founder and managing partner of O'Brien LLP law firm in New York, New York. A nationally ranked trial attorney, Mr. O'Brien provides exceptional representation and support to a wide range of businesses and the individuals associated with them with their complex and pressing legal challenges arising out of civil disputes, regulatory issues and criminal proceedings.

Possessing more than 26 years of legal experience, including extensive trial, negotiation and appellate experience, Mr. O'Brien has achieved notable success assisting clients both inside and outside the courtroom with their legal needs involving any of the following and more:

·       Complex commercial litigation

·       Employment and trade secret issues

·       Regulatory and white collar criminal defense

Throughout the course of his legal career, Mr. O'Brien has handled a multitude of matters for clients dealing with partnership and shareholder disputes and complex financial transactions as well as helping them to protect their rights and interests in employment law claims and trade secret disputes. His client base has ranged from large corporations to small family-owned businesses, and he has represented clients in a variety of sectors, including the technology industry.

Also well-versed in securities and antitrust litigation, Mr. O'Brien has gone up against some of the largest corporations in America on behalf of the U.S. Department of Justice, and he has gained a reputation for his outstanding legal skills and aggressive approach to helping his clients achieve the favorable outcomes they seek as efficiently and cost-effectively as possible.

From his efforts, Mr. O'Brien has obtained several multimillion-dollar verdicts in favor of his clients as well as securing numerous acquittals, dismissals and reductions of charges for those who stand accused of serious white collar crimes. Honored for his professionalism and service, he has earned consistent top rankings and endorsements from his peers, and he has developed long-standing relationships with many of those he has served.

A 1989 graduate of Harvard College, Mr. O'Brien attended New York University School of Law, where he served as senior note and comment editor for the university's law review. He obtained his Juris Doctor magna cum laude in 1994, graduating Order of the Coif, and he is admitted to practice before the U.S. District Court for the Southern and Eastern Districts of New York as well as the U.S. Court of Appeals for the 2nd, 5th, 8th, 9th and 10th Circuits.

A leader in his legal community, Mr. O'Brien has published numerous articles and conducted lectures and seminars on a variety of legal topics, and he is an active member of several local, state and national legal organizations.

Practice Areas
  • 50%Business Litigation
  • 20%Employment Litigation: Defense
  • 10%Securities Litigation
  • 10%Employment Litigation: Plaintiff
  • 10%Criminal Defense: White Collar


Selected to Super Lawyers for 1 yearsbottom-image

Super Lawyers: 2020

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About Sean O'Brien

Admitted: 1995, New York

Professional Webpage:

Bar/Professional Activity:

  • U.S. Court of Appeals for the Tenth Circuit
  • U.S. Court of Appeals for the Ninth Circuit
  • U.S. Court of Appeals for the Eighth Circuit
  • U.S. District Court Eastern District of New York
  • U.S. Court of Appeals for the Fifth Circuit
  • U.S. Court of Appeals for the Second Circuit
  • New York
  • U.S. District Court Southern District of New York

Scholarly Lectures/Writings:

  • “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.
  • “Effective Use of Private Investigators,” New York Law Journal (Dec. 26, 2007), by Stanley S. Arkin and Sean R. O’Brien.
  • “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.
  • “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.
  • “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: 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.
  • “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.
  • “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.
  • “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.
  • “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.
  • “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.

Educational Background:

  • Harvard College, Cambridge, Massachusetts, A.B., Cum Laude, 1989
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Office Location for Sean R. O'Brien

590 Madison Avenue
35th Floor
New York, NY 10022

Phone: 332-232-1248

Sean R. O'Brien:

Last Updated: 6/12/2020

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