Sean J. Kirby: Lawyer with Sheppard, Mullin, Richter & Hampton LLP

Sean J. Kirby


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Experience & Credentials

Practice Areas

  • Labor and Employment
  • Litigation
  • Labor and Employment Litigation
University LeMoyne College, B.A., cum laude, 2001
Law SchoolFordham University, J.D., cum laude, 2006
Admitted2006, District of Columbia; 2007, New York; New Jersey; United States District Court for the Southern and Western Districts of New York; United States District Court for the District of New Jersey

Sean Kirby is an associate in the Labor and Employment Practice Group in the firm's New York Office.

Areas of Practice

Mr. Kirby has experience representing management in a variety of employment-based matters in both judicial and arbitral forums, including disputes relating to discrimination and harassment allegations, breach of restrictive covenants and employment agreements, and wrongful termination. Mr. Kirby also counsels employers on labor and employment issues, including wage and hour matters, personnel policies and internal investigations.

Mr. Kirby also has experience representing clients in a variety of general commercial and financial disputes including breach of contract, securities and accounting fraud. In addition, Mr. Kirby has experience representing clients in disputes over copyright and trademark infringements.


· Interned for the Honorable Kevin T. Duffy, U.S. District Court for the Southern District of New York


· Rising Star, Employment & Labor, Super Lawyers, 2011-2013

· Selected, Top 40 Labor & Employment Lawyers Under 40 in the State of New York, The American Society of Legal Advocates, 2013


· "Access Denied: Employers Should Avoid Seeking Access to Social Media Accounts," Bloomberg BNA, July 19, 2012

· "ADA Amendments Breathe New Life Into Disability Claims," New York Law Journal, May 4, 2012

· "Condo Hotels As Securities,", July 1, 2008

· Arbitrating Hotel Management Agreement Disputes: Beware of "Arbigation", Hotel, March 1, 2008

Corporate & Securities Law Blog Articles

· "First Circuit Holds That Section 806 of the Sarbanes-Oxley Act Extends Only to Employees of Public Companies, Not Employees of Private Companies Who Are Contractors or Subcontractors for Covered Public Companies," February 15, 2012

· "Second Circuit Vacates Dismissal Of Securities Fraud Claims Holding That Mutual Funds' Alleged Misrepresentations Regarding Payment Of Transfer Agent Fees Were Material", March 1, 2010

Labor & Employment Law Blog Articles

· "Second Circuit Holds That The Fair Labor Standards Act Does Not Bar The Enforcement of Class Action Waivers," August 14, 2013

· "UPDATE: New York City Council Overrides Mayor Bloomberg's Veto And Enacts The Earned Sick Time Act Requiring Mandatory Paid Sick Leave," July 3, 2013

· "New York City Council Passes Act Requiring Mandatory Paid Sick Leave," May 15, 2013

· "E.D.N.Y. Judge Reverses Course: Rule 41 Stipulation of Voluntary Dismissal in FLSA Action Does Not Require Court Approval," April 4, 2013

· "Second Circuit Upholds Enforceability of Arbitration Agreements that Bar Title VII Class Actions, Finding that there is no Substantive Statutory Right to Pursue a Pattern-or-Practice Claim," March 22, 2013

· "Update: New Jersey Minimum Wage Bill Vetoed By Governor Christie," February 12, 2013

· "Payment Required: New York Court Finds No Violation Of New York Labor Law Section 193 Where Unpaid Interns Did Not Receive Wages From Employer," January 23, 2013

· "Ninth Circuit Finds Employment Agreement Ambiguous As To Whether An Employee's "Ideas" Were Assigned To Employer ", August 4, 2010

New York Commercial Division Round-Up Blog Articles

· "Untimely Filing Of Motion To Dismiss Does Not Warrant Automatic Dismissal Where Motion Is Meritorious And Opposing Party Will Not Be Prejudiced", January 27, 2011

· "Commercial Division Provides a Reminder to Practitioners that Failing to Plead All Elements of a Breach of Contact Action Will Result in Dismissal," September 8, 2010


· "Social Media, the First Amendment, and the NLRB: What Can Fashion Employers Do to Protect Their Brand and Designs?" New York, February 13, 2013


· Access Denied: Employee Social Media Use and Potential Liability for Employers Who Attempt to Monitor or Regulate It, August 23, 2012, A Bloomberg BNA webinar presented by Eric Raphan and Sean Kirby


Documents by this lawyer on

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New York City Amends Its Human Rights Law to Extend Protection to Interns
Sean J. Kirby, May 23, 2014
On April 15, 2014, New York City Mayor Bill De Blasio signed into law an amendment to the New York City Human Rights Law (“NYCHRL”) extending the protections from discrimination and harassment contained in the NYCHRL to both paid and unpaid interns. The amendment goes into effect on...

United States Supreme Court Holds That Section 806 of the Sarbanes-Oxley Act Extends to Employees of Private Companies Who Are Contractors or Subcontractors for Covered Public Companies
Sean J. Kirby,John P. Stigi, March 17, 2014
In Lawson v. FMR, LLC, No. 12-3, 2014 WL 813701 (U.S. Mar. 4, 2014), the Supreme Court of the United States, in a 6-3 decision reversing the United States Court of Appeals for the First Circuit, held that the whistleblower protection provision in Section 806 of Sarbanes-Oxley Act of 2002, 18 U.S.C....

Newark Becomes Second City in New Jersey to Require Mandatory Paid Sick Leave
Sean J. Kirby, March 11, 2014
On January 29, 2014, Newark Mayor Luis Quintana signed into law an ordinance requiring mandatory paid sick leave for employees. This new ordinance goes into effect on May 29, 2014.

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Office Information

Sean J. Kirby

New YorkNY 10112


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