Sean Zabaneh is an experienced commercial litigator, trial attorney, and appellate advocate representing a diverse group of clients across the country. He is a member of the firm's Commercial, Securities, and Antitrust Litigation Group.
Mr. Zabaneh has significant trial experience in securities/corporate governance, antitrust/distribution, and trade secret litigation, including substantial experience with high-stakes class action litigation. He also has significant court experience with disputes involving temporary restraining orders and preliminary and permanent injunctive relief.
Since joining the firm in 2005, Mr. Zabaneh has been recognized for his participation in a range of pro bono matters. He is also an active member of the firm's Recruitment and Retention Committee and its Diversity Inclusion Committee.
Areas of Practice
· Securities Law and Corporate Governance Disputes
· Antitrust and Distribution Law
· Unfair Competition, Trade Secret and Restrictive Covenant Litigation
· Employment Litigation
· Obtained federal jury verdict clearing senior managers of the Reserve Primary Fund of Securities and Exchange Commission fraud charges arising after the $62 billion money market fund "broke the buck."
· Obtained summary judgment in favor of director and shareholder on breach of fiduciary duty and fraud claims arising from down-round financing at a startup technology company. Affirmed on appeal.
· Obtained settlement that client found favorable for international commercial and investment banks in multibillion-dollar fraud litigation involving allegations that the banks assisted officers and directors in defrauding a cable company and its shareholders.
· Representing venture capital firm in securities fraud and breach of fiduciary duty dispute involving shareholders, lenders and chief executive officer arising out of a $210 million acquisition of a startup environmental technology company.
· Defending investment banking firm and medical device manufacturer against claims for breach of contract, fraud/misrepresentation, and securities law violations arising out of a $225 million merger agreement.
Antitrust and Distribution Litigation
· Representing waterworks distributors alleging price-fixing and exclusionary conduct claims against suppliers/manufacturers of pipe fittings.
· Representing franchise heavy-duty truck dealer alleging illegal price-fixing agreements under Section 1 of the Sherman Act.
· Representing independent heavy-duty truck distributor alleging illegal coordinated boycott and refusal to deal arrangements under Section 1 of the Sherman Act.
· Defending group of physicians in connection with Federal Trade Commission investigation of potential collective price negotiations, boycotts and refusals to deal in violation the Federal Trade Commission Act.
· Representing hospital in connection with Department of Justice investigation involving alleged agreements among physicians in violation of Section 1 of the Sherman Act.
· Representing cosmetics manufacturer in exclusive dealing dispute with distributor.
· Representing national ice cream franchisor in trademark and copyright infringement litigation against terminated franchisee.
Unfair Competition, Restrictive Covenants and Employment Litigation
· Obtained dismissal of all claims with prejudice in favor of dialysis company in a case involving alleged violations of non-competition and non-solicitation agreements.
· Obtained injunctive relief in favor of international food products manufacturer seeking to protect its trade secrets by preventing former high-level executive from working for its customers.
· Defending international manufacturer accused of violating executive's confidentiality agreements with former employer.
· Defending companies in wide range of class and individual employment litigation cases, including employment-related government and internal investigations.
Complex Commercial Litigation
· Obtained complete defense victory and arbitration award in favor of international casino company in complex contract dispute concerning payments in connection with a joint venture.
· Obtained dismissal with prejudice in favor of dialysis company defending against tortious interference with business and contractual relationship claims.
· Obtained dismissal with prejudice of trademark infringement claims in favor of independent truck distributor arising out of use of the truck body company logo on distributor's website.
· Defending healthcare consultant in U.S. Department of Justice investigation of consultant activities involving hospital billing of Medicare.
· Defended a global pharmaceutical company in breach of contract and patent infringement cases involving the company's premier biological product. Obtained settlement client found favorable.
· American Bar Association
- Litigation Section
- Antitrust Law Section
· Philadelphia Bar Association
· Co-author, Indirect Purchaser Lawsuits: A State-by-State Survey, American Bar Association, 2010
Selected Speaking Engagements
· Speaker and Co-author, "Attorney-Client Privilege - New Developments and Some Difficult Issues," Association of Corporate Counsel Delaware Valley Chapter, April 23, 2013
· Speaker and Co-author, "Attorney-Client Privilege - The Basics and Some Difficult Litigation Issues," Duane Morris LLP In-House CLE Program, February 2013
· Contributing Editor, "Two Years after Reeder-Simco: Is the Robinson-Patman Act Alive and Well?," presented at ABA Section of Antitrust Law Annual Spring Meeting, March 2008