Sean W. Fleming

Attorney in Dallas, TX

Sean W. Fleming is an experienced litigator with significant courtroom experience in a number of areas including misappropriation and theft of trade secrets, unfair competition, fraud, breach of fiduciary duty, breach of contract, securities fraud, and antitrust. Mr. Fleming also has extensive experience in seeking injunctive relief in both state and federal court including temporary restraining orders ("TROs,"), temporary injunctions, and permanent injunctions. Mr. Fleming has argued and obtained favorable outcomes in front of juries, state and federal judges, and arbitrators. Currently, Mr. Fleming is a member of the firm's Halliburton team, working in connection with all civil litigation and investigations concerning BP's Macondo well blowout in the Gulf of Mexico.

Mr. Fleming has represented a wide variety of clients in litigation matters, including Fortune 100 companies, large hospitals, hospital group purchasing organizations ("GPOs"), construction companies, insurance brokers, hotel chains, and law firms.

Mr. Fleming has developed a particular expertise in matters pertaining to the protection, development, and theft of trade secrets, litigating these issues for the benefit of his clients for more than a decade.

Additionally, Mr. Fleming has broad experience in litigating and advising clients on complex electronic discovery issues.

Representative Experience

· Obtained a take-nothing verdict for one of Texas' largest construction and excavation companies in a two-week jury trial. The plaintiff had sought to recover more than $12 million, alleging various causes of action including misappropriation of trade secrets, breach of fiduciary duty, and breach of a covenant not to compete. YC Partners Ltd. (d/b/a Yantis Company) v. Rodman Excavation et al., Bexar County, Texas.

· Obtained a $14 million verdict on summary judgment for the largest public hospital in Texas on a breach of contract case.

· Won a Motion to Dismiss under Fed. R. Civ. P. 12(b)(6) on behalf of a publicly traded company and its officers and directors in a complex $20 million securities fraud case which also involved state law claims for breach of a contract, breach of fiduciary duty, and fraud., Lakewood Developments Corporation v. Schultheis, et al., 2004 WL 764729.

· Successful representation of a Medicare Part B contractor in a three week jury trial in which the plaintiff alleged fraud, breach of contract and "bad faith" dealings. Original damages claimed by the plaintiff of $800 million were denied in full by jury and affirmed on appeal by the Texas Court of Appeals and the Texas Supreme Court. I.S.G. State Operations, Inc. v NHIC, 234 S.W.3d 711 (Tex. App. - Eastland) pet. denied.

· Representation of large Texas-based law firm in a legal malpractice action involving complex estate and gift tax issues.

· Representation of Associates First Capital Mortgage Corporation and CitiFinancial Mortgage Company in multi-million dollar class action involving an alleged violation of the Texas Property Code.

· Obtained temporary and permanent injunctive relief on behalf of a Texas hospital in a case involving breach of contract, fraud, and significant public health and safety concerns.

· Won a Motion to Dismiss under Fed. R. Civ. P. 12(b)(6) on behalf of a client in a case involving claims of retaliation under the ADA, sexual harassment, hostile work environment. Swanson v. Aegis Communications Group, Inc., 2010 WL 1779664.

· Representation of Four Seasons Hotels, Ltd. in a breach of contract case

· Obtained temporary and permanent injunctive relief for a Texas retailer against a former employee in a case involving the alleged theft of trade secrets

· Counseled the largest public hospital in Texas on a multi-million dollar dispute with a vendor

· Obtained a "not guilty" verdict on behalf of a pro bono client charged with assault and battery following a bench trial

· Representation of stock issuer TippingPoint Technologies, Inc. in In re: IPO Litigation, one of the largest securities class actions ever filed. The case, which was filed in the Southern District Court of New York, involves more than 300 issuer defendants.

· Obtained temporary and permanent injunctive relief for a client against a defendant accused of stealing millions of dollars in rare bottles of wine

· Defended large hospital GPO ("Group Purchasing Organization") in multi-million dollar antitrust case involving claims under the Sherman Act

· Defended corporate officers in complex, multi-party securities-fraud litigation against a publicly traded medical device manufacturer. The case, in which the plaintiffs sought tens of millions of dollars in damages, involved alleged violations of 10(b), 10b-5, and 20a of the Exchange Act, as well as alleged violations of the securities laws of nine separate states.

· Representation of TippingPoint Technologies, Inc. in a consumer class action filed under Texas state law. Representation of Tidy Energy Resources, Inc. in a products liability case.

Presentations Publications

· Toast to the Constitution, January 7, 2008, presented to the Dallas/Ft. Worth Metroplex Inn of Courts Joint Meeting

· "Fraud, Fraudulent Inducement, and Contractual Protections Against A Fraud Claim," CLE, presented to the Commercial Disputes Section of Hughes and Luce, June 9, 2005.

Honors and Awards

· Editor, Kansas Law Review, 1999-2000

· Selected to the list of Thomson Reuters' "Texas Rising Stars" as published in Texas Monthly and Super Lawyers Magazine (Rising Stars Edition), 2012 and 2013

Member

· American Bar Association

· Dallas Bar Association

· Higginbotham Inn of Court, Associate, 2007-08

Community

· Higginbotham Inn of Court, Associate, 2007-08

· Leadership Arts Dallas, Planning Committee, 2006-07

· Dallas Academy Private School, Executive Committee, 2007-present

Representative Clients

· Fortune 100 companies

· Large hospitals

· Hospital group purchasing organizations ("GPOs")

· Construction Companies

· Insurance brokers

· Hotel chains

· Law firms

214.939.4431
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Areas of Law

  • Antitrust Litigation
  • Securities Litigation
  • Commercial Litigation

 

Experience & Credentials

Position

Shareholder

Admission Details

Admitted in 2000, Texas
U.S. Supreme Court
U.S. District Court for the Northern District of Texas
U.S. District Court for the Eastern District of Texas
U.S. District Court for the Southern District of Texas
U.S. District Court for the Western District of Texas
U.S. District Court for the District of Colorado

Additional Payment Information
  • Fixed Hourly Rates
  • Fixed Fees Available
  • Law School Attended

    University of Kansas
    Class of 2000
    J.D.
    Staff member, editor, University of Kansas Law Review, Order of the Coif

    University Attended

    University of Kansas
    Class of 1997
    B.A.
    magna cum laude, Phi Beta Kappa

    Contact Information

    Phone

    214.939.4431

    Fax

    214.527.3151

    Email

    Send email to Sean W. Fleming


    Office Information
    Sean W. Fleming
    Shareholder
    Renaissance Tower 1201 Elm Street, Suite 1700,
    Dallas, TX 75270

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    Godwin Lewis PC (Dallas, Texas)

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