Sean C. Grimsley
Sean Grimsley has a diverse complex litigation practice, including oil and gas, antitrust, class actions, accountants' liability, intellectual property, and breach of contract cases. Having started his career in the Federal Public Defender's office, Sean focuses on trial and the courtroom. Most recently, he and his team prevailed in a $50 million damages trial and appeal for client Tyco in Colorado in which Sean first-chaired the trial and argued the appeal. During the past four years, Sean and his colleagues have tried a multi-million dollar malpractice arbitration for a "Big Four" accounting firm, tried a multi-billion dollar antitrust jury case in Texas (which settled on good terms during trial), won a major class action appeal in the Seventh Circuit, and tried a patent case and separate post-verdict damages proceeding in the Eastern District of Texas.
In 2010 and early 2011, Sean served as Deputy Chief Counsel to the President's Commission on the BP Deepwater Horizon Oil Spill where he helped to investigate the root causes of the worst oil spill in the nation's history. You can see Sean at the hearing where the team presented its findings to the Commission here: http://www.c-spanvideo.org/seangrimsley. The Chief Counsel's report setting forth those findings can be found here. Since working for the Commission, Sean has served as counsel and advisor to a major U.S. oil company in both China and the U.S. regarding a 2011 oil spill in Chinese territorial waters. Sean also regularly gives talks on the BP oil spill and the missteps that led to the disaster.
Sean has tried thirteen matters, argued four appeals, and advised on and prepared to try many others. Prior to joining the firm in 2004, Sean served as law clerk to Justice Sandra Day O’Connor of the U.S. Supreme Court and Chief Judge Harry T. Edwards of the U.S. Court of Appeals for the D.C. Circuit. Sean also worked for two years as an Assistant Federal Public Defender serving as trial and appellate counsel for indigent criminal defendants in federal court in Washington, D.C. He graduated summa cum laude from Michigan Law School in 2000 after obtaining a B.A. in Plan II Honors and Biology with Highest Honors from the University of Texas. He lives in Denver with his wife Emily and their three wonderful (most of the time) children.
Cases tried or otherwise taken to judgment
Confidential AAA Arbitration
Co-lead trial counsel, with Eric Olson, for small independent exploration and production company in commercial and state securities law dispute. Claimant sought more than $25 million. After two-week hearing in June 2016, panel ordered claimant recover nothing and pay our client’s attorney’s fees.
Core-Mark v. Sonitrol (Adams Cty, Ct. Co. Ct. Appeals 2014-2016)
First-chair trial counsel for defendant Sonitrol, former subsidiary of Tyco, International, in one-week damages-only trial where plaintiffs were seeking over $50 million in damages. Before Bartlit Beck got involved, a previous jury found that Sonitrol had willfully and wantonly breached its burglar-alarm monitoring contract by failing to detect three burglars who looted plaintiffs' warehouse and eventually lit fires that ultimately destroyed the building. The jury awarded plaintiffs the damages number sponsored by Sonitrol, which was roughly 10% of what plaintiffs were seeking. Affirmed on appeal.
Confidential AAA Arbitration (2014-2015)
Second-chair trial counsel for “Big Four” accounting firm in AAA arbitration against hotel developer. Plaintiff alleged accountants’ negligence in advising on ESOP and other tax issues. Case settled favorably during trial after cross-examination of Plaintiffs’ witnesses.
American Airlines v. Sabre, et al. (Tarrant Cty, Tex., N.D. Tex. 2011-2012)
Trial counsel for Sabre in antitrust suit brought by American Airlines in both state and federal courts in Texas alleging unlawful monopolization, conspiracy and illegal contractual arrangements and seeking nearly $3 billion in damages. Case proceeded to trial in state court in Ft. Worth. Case settled on confidential terms during trial.
Sensormatic Electronics Corp. v. The TAG Co., et al. (S.D. Fla., Fed. Cir. 2008-2010)
Trial counsel for plaintiff Sensormatic Electronics Corporation in patent infringement, trade secret misappropriation and breach of contract suit. Following a three-week bench trial, the Court entered judgment in favor of Sensormatic on all counts and entered a permanent injunction, all affirmed by the Federal Circuit.
Applied Medical Resources Corp. v. United States Surgical Corp. (C.D. Cal., Fed. Cir. 2005-2009)
Trial counsel for defendant United States Surgical Corporation, a subsidiary of Covidien, in medical device patent infringement suit in which Applied Medical sought $300 million and an injunction. Won non-infringement jury verdict after five-week trial, which was affirmed on appeal in the Federal Circuit.
Alexsam v. IDT (E.D. Tex. 2011, 2013)
Trial counsel in patent infringement case involving point-of-sale gift and phone card activation technology. Despite the court having deemed that roughly half the accused products were infringed as a discovery sanction based on issues pre-dating Bartlit Beck’s involvement, the trial team won a finding of no willfulness and limited the damages verdict to half of what plaintiff sought. The case is on appeal and in post-verdict proceedings in the trial court.
ICE Corp. v. Hamilton Sundstrand Corp. et al. (10th Cir. 2010-2011)
Appellate counsel for Hamilton Sundstrand and Ratier-Figeac in appeal of adverse jury verdict on a Kansas misappropriation of trade secrets claim. Obtained reversal of $9 million punitive damages award before the Tenth Circuit and prevailed on remand before the district court. Case settled on confidential terms.
Honeywell International, Inc. v. Hamilton Sundstrand Corp. (D. Del. 2005)
Trial counsel for defendant United Technologies’ Hamilton Sundstrand division in patent infringement trial in Delaware. Honeywell alleged that Hamilton Sundstrand infringed an airplane engine patent and sought $135 million in damages. Jury verdict in the client’s favor, finding no infringement and that asserted patent was invalid.
Lead Paint Litigation (2005-2010)
Trial and appellate counsel for defendant NL Industries in trial and appellate proceedings in Rhode Island. The AG sued to declare past sale of lead paint a “public nuisance” throughout State of Rhode Island, seeking compensatory and punitive damages as well as abatement. In a landmark decision, the Supreme Court of Rhode Island in June 2008 ordered dismissal of the AG’s lawsuit after nine years of litigation, resulting in a complete defense victory.
Other representative cases
US Airways v. Sabre, et al. (S.D.N.Y. 2011-present)
Trial counsel for Sabre in federal antitrust suit brought by U.S. Airways in New York alleging unlawful monopolization, conspiracy and illegal contractual arrangements and seeking over hundreds of millions in damages. Discovery complete, summary judgment motions pending.
Oil and Gas
Ideal Royalty Class Action (Santa Fe, N.M., D.N.M., 2014-present)
Trial counsel for defendant Burlington Resources Oil & Gas Company, a subsidiary of ConocoPhillips, in a certified class action alleging underpayment of royalties on coal bed methane gas in New Mexico’s San Juan Basin. Case resolved shortly before trial after Bartlit Beck became involved.
Li, et al. v. ConocoPhillips Co. (S.D. Tex. 2012-present)
Lead trial counsel for ConocoPhillips in tort action brought by multiple Chinese fishermen plaintiffs for alleged harm from a June 2011 oil release from the Penglai-19-3 offshore oil field operated by ConocoPhillips China in Bohai Bay, China. ConocoPhillips has moved to dismiss the claims on forum non conveniens and other grounds.
BP Oil Supply Co. v. ConocoPhillips Co. (Del. Super. Ct. 2010); ConocoPhillips Co. v. BP Oil Supply Co. (Harris Cty Tex. Ct. 2010)
Lead trial and appellate counsel for ConocoPhillips in crude oil buy-sell contract dispute with BP Oil Supply in Delaware and Texas state courts. Case resolved on confidential terms.
Tessera, Inc. v. AMD et al. (N.D. Cal., 2011-present)
Trial counsel for plaintiff Tessera in patent suit against multiple defendants alleging infringement of groundbreaking patents related to semiconductor packaging. Tessera has settled with all but one of the defendants (on confidential terms). Case currently in the summary judgment phase.
Tyco Healthcare Group LP v. C.R. Bard, et al. (D. Del. 2009-2011)
Trial counsel for plaintiff Tyco Healthcare in patent suit alleging that Bard's SorbaFix and PermaFix hernia mesh fixation products infringe one of Tyco Healthcare's patents and that Bard's infringement has been willful. Case settled on confidential terms.
Rembrandt Data Technologies, LP v. ADT Security Services, Inc. et al. (E.D. Va. 2008-2009)
Trial counsel for defendant ADT in patent infringement lawsuit filed by Rembrandt against ADT and seven other defendants. Rembrandt alleged that various products and services provided by defendants infringed four patents related to dial-up modem technology. Case resolved on confidential terms.
Edge Capture L.L.C. et al. v. Citadel Investment Group, LLC et al. (N.D. Ill. 2007-2008)
Trial counsel for defendant Citadel, an investment group, in patent infringement suit brought by Edge Capture. Edge alleged that various Citadel trading strategies infringed two of Edge Capture’s trading system and method patents. Case resolved on confidential terms.
Products Liability and Mass Tort
Vioxx Litigation (2007-2009)
Counsel for Merck in state court cases brought in New Jersey and federal MDL by health insurance companies and health and welfare funds seeking reimbursement for payments insurance companies made for Vioxx. Plaintiffs were seeking billions in damages. Merck announced favorable settlement for $80 million.
General Commercial Litigation
LaPlant v. The Northwestern Mutual Insurance Company (Mil. Cty. Ct.., E.D. Wis. 2011-present)
Trial counsel for defendant Northwestern Mutual in putative class action alleging breach of contract and breach of fiduciary duties in connection with certain annuity products. Won appeal regarding application of the Class Action Fairness Act in the Seventh Circuit. Plaintiff is currently seeking class certification in the federal district court.
Mercury Companies, Inc. et al. v. The First American Company et al. (D. Colo. 2008-2010)
Co-lead trial counsel for counter-defendant Fidelity National Financial, Inc. and four plaintiff title agents in breach of contract and tortious interference action. Case resolved on confidential terms.
Adelphia Comm's Corp. v. Deloitte & Touche LLP (Philadelphia Ct. Common Pleas 2006-2007)
Trial counsel for defendant Deloitte & Touche in multi-billion dollar accounting malpractice case brought by Adelphia, with third-party claims against the Rigas family. Case resolved on confidential terms.
LSI Logic Corp. v. Broadcom Corp. et al. (Colo. D. Ct. 2005)
Trial counsel for defendant Broadcom Corporation and seven of its employees in suit by LSI Logic alleging trade secret misappropriation, improper solicitation, breach of contract, and tortious interference. Case resolved for $0.
Holte et al. v. Titan Chair et al. (D. Colo. 2010)
Lead trial counsel for small business owner plaintiff in patent infringement and false advertising lawsuit against company selling cheap knockoffs of plaintiff's products. Case resolved on confidential terms.
State v. Peters (Douglas Cty. Ct. 2005-2006)
Lead trial counsel representing defendant in criminal trial in Douglas County Court in Colorado. Defendant charged with seven criminal counts. Case resolved by favorable plea deal during trial.
- Core-Mark v. Sonitrol (Adams Cty, Colo. 2014)
- LaPlant v. Northwestern Mutual (2012)
- Applied Medical v. United States Surgical (2008)
- Bartlit Beck Secures Sensormatic's Patents, Trade Secrets with Complete Plaintiff-Side Security Tag VerdictSensormatic Electronics Corp. v. The TAG Company US LLC et al. (2008)
- Applied Medical v U.S. Surgical (2004)