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. In addition, Mr. Kirby regularly conducts discrimination and harassment prevention trainings.

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


•New York Rising Star, Super Lawyers, 2011-2015
•Selected, Top 40 Labor & Employment Lawyers Under 40 in the State of New York, The American Society of Legal Advocates, 2013, 2014 and 2015

Publications & News


•Pre-Employment Testing and Screening: Common Practices, Potential Issues
New York Law Journal, October 19, 2015
• The NLRB's Continued Regulation of Social Media in the Workplace, Journal of Internet Law, Vol. 18, No. 2, August 2014
• Developing Social Media Policies That Survive NLRB Scrutiny, New York Law Journal, March 7, 2014
• Policing the Social Media Water Cooler: Recent NLRB Decisions Should Make Employers Think Twice Before Terminating An Employee For Comments Posted on Social Media Sites, Journal of Business & Technology Law, University of Maryland Francis King Carey School of Law, Vol. 9, No. 1, 2014
• A Decade In The Making: What Employers Can Expect From A Fully Staffed NLRB, The Metropolitan Corporate Counsel, November 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 Posts

• 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, March 12, 2014
• 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 Posts

• Second Circuit Finds EEOC Investigation Not Subject to Review, October 8, 2015
• Second Circuit Holds: You Can't Always Get What You Want - As Long As Your Employer Gives You What You Need (An Effective Accommodation), June 29, 2015
• Supreme Court of New Jersey Adopts Faragher/Ellerth Affirmative Defense, March 18, 2015
• Six Considerations For Employers Faced With The Ebola Virus Or Other Infectious Diseases, November 3, 2014
• New York City Amends Its Human Rights Law to Extend Protection to Interns, May 13, 2014
• Newark Becomes Second City in New Jersey to Require Mandatory Paid Sick Leave, March 7, 2014
• Update: New York Department of Labor Issues Final Wage Deduction Regulations, November 1, 2013
• 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 Posts

• 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

Speaking Engagements

• Managing Infectious Diseases in the Workplace: Legal Requirements for Handling Infected, Exposed, or At-Risk Employees, C4CM, Center for Competitive Management Webinar, October 16, 2015
• Infectious Disease and the Workplace - Key Considerations for Employers, West LegalEdcenter, January 29, 2015
• Employee Social Media Use: Potential Liability for Employers Who Attempt to Regulate It and Reasonable Expectations for Employees, Bloomberg BNA Webinar, February 26, 2014
• 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, Bloomberg BNA Webinar, August 23, 2012


•2014 Labor & Employment Year In Review
November 13, 2014


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


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Six Considerations For Employers Faced With The Ebola Virus Or Other Infectious Diseases
Sean J. Kirby, December 1, 2014
As the Ebola virus has spread to a second city in the United States, and with the potential for additional cities to be affected, many businesses are faced with the difficult task of determining how to properly handle their workforce in the face of such an epidemic. While there are many concerns...
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Office Information

Sean J. Kirby

New YorkNY 10112


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