Sean Fleming
Shareholder
214.651.3383
sfleming@macdonalddevin.com
Overview
Repeatedly recognized by his peers for his business litigation success and acumen, Sean has represented numerous Fortune 100 companies in large litigation matters involving alleged breaches of multimillion-dollar contracts, accounting fraud, trade and misappropriation of trade secrets, and various complex commercial disputes. He also has handled numerous class actions and MDL proceedings.
Sean graduated magna cum laude from the University of Kansas with a degree in psychology, and earned his law degree from the University of Kansas School of Law, where he was inducted into the Order of the Coif and served as an Editor for the University of Kansas Law Review.
Sean is admitted to practice in all Texas state courts as well as the U.S. District Court for the Northern, Southern, Eastern, and Western Districts of Texas, the U.S. Court of Appeals for the Fifth Circuit, and the U.S. Supreme Court.
Practices
- Business Litigation
- Employment and Labor
- Premises Liability
Representative Experience
- Managed all legal matters as General Counsel for an oil and gas services company.
- Represented client in a Department of Labor investigation involving alleged ERISA violations, resulting in the termination of the investigation.
- Defended Halliburton Energy Services, Inc., in the BP Oil Spill/Deepwater Horizon case, one of the largest and most complex litigation matters ever filed in US courts (the total amount of damages sought by plaintiffs and the government was between $20 to $30 billion).
- Obtained a $14 million summary judgment for the largest public hospital in Texas on a breach of contract case.
- Successful representation of a Texas law firm in a multimillion-dollar professional malpractice action, resulting in a favorable resolution.
- Obtained a dismissal under Fed. R. Civ. P. 12(b)(6) on behalf of a publicly traded company and its officers and directors in a complex $20 million securities fraud case which also involved state law claims for breach of a contract, breach of fiduciary duty, and fraud.
- Successful representation of a Medicare Part B contractor in a three-week jury trial in which the plaintiff alleged fraud, breach of contract and “bad faith” dealings. Original damages claimed by the plaintiff of $800 million were denied in full by jury and affirmed on appeal by the Texas Court of Appeals and the Texas Supreme Court.
Honors and Recognitions
- Selected to the Texas Super Lawyers list, published by Texas Monthly Magazine, Business Litigation, 2014–2018
- Selected to the Texas Rising Stars list, published by Texas Monthly Magazine, Business Litigation, 2012–2013
- Higginbotham Inn of Court, Associate, 2007–2008
- University of Kansas, Order of the Coif
Publications and Presentations
- Fraud, Fraudulent Inducement, and Contractual Protections Against a Fraud Claim, CLE
June, 2005 - Toast to the Constitution, Dallas/Ft. Worth Metroplex Inn of Courts Joint Meeting
January, 2008
Professional Affiliations
- Dallas Bar Association
- State Bar of Texas
- Texas Association of Defense Counsel
Educational and Professional Background
- University of Kansas, Juris Doctor, 2000, with distinction
- University of Kansas, Bachelor of Science, 1997, magna cum laude
- Editor, Kansas Law Review, 1999–2000
Civic and Volunteerism
- Leadership Arts Dallas, Planning Committee, 2006–2007
- Dallas Academy Private School, Executive Committee, 2007–2014
Court Admissions
Sean Fleming is licensed to practice law in the following areas:
- Texas
U.S. District Courts for the Northern, Southern, Eastern, and Western Districts of Texas
U.S. Court of Appeals for the Fifth Circuit
U.S. Supreme Court
