Sean McCaffity

Sean has experience in a variety of bankruptcy and commercial litigation matters, including, business fraud claims, civil RICO director and officer liability, and professional malpractice claims. Representative Matters • Representation of a bankruptcy trustee in litigation against former directors, officers, accountants, lawyers and investment advisors arising out of the failure of a publicly traded company. • Representation of a post-confirmation bankruptcy trustee in litigation against former directors, officers and accountants arising out of the failure of a billion dollar public company specializing in wholesale computer and office supply distribution. The litigation spanned multiple forums, including a three week arbitration. The successful representation is likely to return approximately $9.5 million to the company’s creditors. Successfully secured a summary judgment of a court-appointed receiver for a Travis County nursing home who was being sued in his capacity as a receiver for failure to make payments to a pre-receivership creditor. Currently representing a former Dallas County court reporter who was wrongfully terminated for reporting improper judicial conduct. • Representation of a large international bank in Superior Court of Contra Costa, California involving, among other things, director and officer breach of fiduciary duty claims of more than $100 million in damages. • Successfully secured a dismissal prior to any discovery proceedings during the representation of a local beer distributor sued for allegedly violating the Texas Beer Industry Fair Dealing Act. • Successfully secured summary judgment vindicating the First Amendment rights of a group of orthodontists from across the country to freely choose and communicate with legal counsel of their choice and associate together for the purpose of obtaining meaningful access to the civil justice system. • Obtained complete summary judgment on behalf of an outside director of a large multi-million dollar agricultural cooperative.