Education:

New York University School of Law, J.D., magna cum laude, Order of the Coif, 1994

Senior Note & Comment Editor, New York University Law
Review

Harvard College, B.A., cum laude, 1989

Clerkship:

Hon. Roger J. Miner, United States Court of Appeals for the Second Circuit, 1994-1995

Publications:

Stanley S. Arkin, Sean R. O'Brien and David M. Pohl,
The Computer Fraud and Abuse Act:
A New Prosecutorial Weapon?
,
BUSINESS CRIME BULLETIN (July 2010).

Stanley S. Arkin and Sean R. O'Brien, Effective Use of Private Investigators by Attorneys, NEW YORK LAW JOURNAL, Vol. 238 (December 26, 2007).

Note, "United States v. Leon And The Freezing Of The Fourth Amendment," N.Y.U. L. Rev., 1993.

Bar Admissions:

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

Memberships:

American Bar Association
Federal Bar Council
Association of the Bar of the City of New York

t. 212.333.0216
f. 212.333.2350
E. sobrien@arkin-law.com

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Sean R. O'Brien PDF Print E-mail
Sean R. O'Brien has successfully represented individuals, hedge funds, private equity firms, corporations and financial institutions in a range of complex civil, regulatory, and criminal proceedings. Mr. O'Brien's practice has principally involved securities matters and disputes arising out of complex financial transactions, including shareholder and partnership disputes. Prior to joining the firm, Mr. O'Brien was with Sullivan & Cromwell, where for one year he litigated his own prisoner civil rights cases as the firm's Pro Bono Fellow, and later practiced in the areas of securities and antitrust litigation.

Notable representations include:
  • Represented individual in United States v. Stein, et al., a tax shelter prosecution,
    obtaining dismissal of all claims based upon governmental interference with
    company's obligation to advance attorneys' fees;
  • Represented sole manager of $1.3 billion dollar hedge fund in dispute and action brought against him arising out of dissolution of fund, obtaining dismissal of all claims;
  • Represented a top-five law firm and partner defending against multi-million dollar
    claims arising out of a merger transaction, obtaining dismissal of all claims;
  • Represented world-renowned art gallery and family owners defending against an
    action seeking the recovery of valuable art looted during World War II, obtaining dismissal of all claims;
  • Defended leading investment bank in action alleging breach of contract and fraud in connection with private securities offering, obtaining dismissal of all claims;
  • Represented minority shareholders in a family dispute involving one of the
    country's largest private corporations, obtaining a favorable buy out;
  • Represented venture capital firm and its principals in an array of federal and state
    court litigations relating to an investment in an e-commerce venture, obtaining
    dismissals of all principal claims and a favorable settlement;
  • Defended a chief executive officer and chief financial officer in a federal SEC
    enforcement trial, parallel criminal investigation, multiple civil actions and arbitration; and
  • Represented Microsoft Corporation as member of trial team in United States v.
    Microsoft Corporation
    , an antitrust enforcement action brought by the
    Department of Justice.
Mr. O'Brien was born in Ridgewood, New Jersey.