Sean Mack is the Co-Chair of the firm's Litigation Practice. Sean’s practice focusses on complex disputes involving unfair business competition in its variety of forms. Sean regularly represents businesses, business owners and senior executives in lawsuits involving theft of corporate opportunities, theft of trade secrets, breaches of non-competition agreements and breaches of confidentiality and non-disclosure agreements and other unfair business practices. Clients often retain Sean when a joint business venture has gone awry or when they believe it is time to divorce their business partners. Many of his cases arise from complicated contractual and licensing disputes. He also has represented clients in trademark and trade dress infringement cases, and counterfeiting cases.
Sean is an experienced appellate advocate having presented appeals in several federal appellate courts and New Jersey’s appellate division. He provides advice to firm clients on bankruptcy and insolvency related issues and represents creditors in bankruptcy proceedings. He also has represented several firm clients in contested probate proceedings.
Sean represents motor carriers in contract disputes and has provided advice on a variety of legal issues affecting motor carriers and the intermodal shipping industry.
- Successfully obtained the dismissal of all federal Lanham Act claims brought by a lighting company against its former contract manufacturer in a suit alleging that the manufacturer stole trade secrets and was improperly competing with the lighting company in breach of a confidentiality agreement. Then successfully obtained the dismissal of a follow-on lawsuit in state court on the basis of choice of law and personal jurisdiction defects. We then successfully pursued insurance coverage for all of the defense costs and expenses in federal court and on appeal before the Second Circuit Court of Appeals.
- Represented, a leading heart valve manufacturer in a patent licensing dispute involving rights to a minimally invasive method for repairing and replacing aortic heart valves (transcatheter aortic valve replacement therapy). The dispute focused on whether only a particular patent or an entire family of patents to the revolutionary heart valve device and procedure had been licensed. Following an evidentiary hearing on our application for summary judgment, the matter was resolved through a confidential settlement.
- Successfully obtained a preliminary injunction prohibiting a former senior executive from competing against his former employer anywhere in the state of New Jersey and successfully prosecuted an order for sanctions when the former employee violated the injunction.
- Successfully defended a lawsuit brought by a sibling in a family owned business, who after 30 years of having no involvement with the business, demanded his share of the business and its profits. Despite the existence of an old stock ledger supporting the claim, the plaintiff was awarded zero dollars on his claims.
National Lighting Company, Inc. v. Bridge Metal Industries, LLC, 601 F.Supp.2d 556 (S.D.N.Y. 2009)
Strahan v. Strahan, 402 N.J.Super. 298 (App. Div. 2008)
Arnold v. Arnold, 2007 WL 1146627 (N.J. App. Div. 2007)
In re XO COMMUNICATIONS, INC., 323 B.R. 330 (Bankr. S.D.N.Y. 2005)
Hawa Abdi Jama v. Esmor, 343 F.Supp.2d 338 (D.N.J. 2004) and 334 F. Supp 2d 662 (D.N.J. 2004)
Burns v. Anderson, 123 Fed.Appx. 543 (4th Cir. 2004)
In re GLOBO COMUNICACOES E PARTICIPACOES S.A., 317 B.R. 235 (S.D.N.Y. 2004)
In re RSL Primecall, Inc., 2003 WL 22989669 (Bankr. S.D.N.Y. 2003)
“Restrictive Covenants in New York and New Jersey,” Lawline.com, March 2012,
“Safeguarding Your Assets: Can You Protect Opportunities,” Financial Management Network, November 2011
- Recognized as a New Jersey Rising Star for the editions of 2010-2013
- Included in New Jersey Law Journal’s “40 Under 40” list, for 2009 and 2011
- Ranked in the 2013- 2016 editions of Best Lawyers for his Commercial Litigation practice
-Member, American Health Lawyers Association
-Member, New Jersey Bar Association
-Member, Bergen County Bar Association
-Former Member, District II-B Ethics Committee
United States District Court, District of New Jersey
United States District Court, Southern District of New York
United States District Court, Eastern District of New York
United States District Court, Northern District of New York
United States Court of Appeals, Second Circuit
United States Court of Appeals, Fourth Circuit
United States Court of Appeals, Sixth Circuit