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Sean O. Bosack is a shareholder in the Litigation Practice Group in the Milwaukee office. Since joining the firm in 1997, Sean has focused his practice on complex business and corporate litigation. Sean has significant trial experience representing institutional investors and financial services firms in federal jury trials and arbitrations. Sean devotes a substantial portion of his practice conducting internal investigations involving health care and financial fraud, and representing clients in white collar criminal matters in various industries including health care, financial services, securities and construction. In addition, Sean frequently represents clients on a wide variety of civil litigation matters including health care, securities fraud, bank fraud, RICO, complex contract disputes, commercial torts, trade secrets, unfair competition, and disputes arising under the Wisconsin Fair Dealership Law and the Lanham Act before federal and state courts and in arbitrations. Sean also frequently serves as a guest lecturer for evidence and professional responsibility classes at Marquette University's Law School and speaks on topics including expert evidence and corporate internal investigations. Sean graduated from Marquette University Law School, magna cum laude, in 1997 where he served as Executive Editor of the Marquette Law Review. Sean earned a bachelor's degree in history from Brown University in 1990. Sean is admitted to practice in Wisconsin, the United States District Courts for the Eastern and Western Districts of Wisconsin, and the Northern District of Illinois and the United States Court of Appeals for the Seventh Circuit. Sean is a member of the State Bar of Wisconsin, the Milwaukee Bar Association, the Seventh Circuit Bar Association, the American Bar Association, the ABA Section of Litigation, Committee on Corporate Counsel, and the American Inns of Court.
Representative Matters
Securities & Financial Services Litigation
Represented major mutual fund in securities fraud case against issuer and underwriter of municipal bonds that parties agreed to submit to arbitration. Following discovery and two weeks of arbitration hearings, obtained settlement in which respondents paid approximately 95% of relief sought by mutual fund.
KA Investments LDC v. Number Nine Visual Technology Corporation, et al. Represented hedge fund in action alleging violations of Federal securities laws by defendant corporation and its officers and directors. Tried case to jury in United States District Court for District Court of Massachusetts.
Represented federally insured bank in its effort to recover losses suffered due to the purchase of home mortgages where mortgage broker fraudulently altered credit reports of underlying borrowers. Successfully recovered the bank's entire loss of $2.2 million by way of settlement prior to the commencement of suit.
Maxim Financial Services, Inc. v. Goshen Fidelity, Inc. Served as plaintiff's counsel in federal court action brought by purchaser of automobile loans alleging that defendant wrongfully refused to repurchase loans that plaintiff determined did not satisfy underwriting criteria. Succeeded in obtaining jury verdict awarding approximately $300,000 to plaintiff.
Successfully represented hedge fund in an effort to compel indenture trustee to initiate action against issuer of convertible debt securities where issuer violated indenture by selling substantially all of its assets.
Advise institutional investors regarding various securities litigation related topics such as tender offers, short swing trading profits and insider trading issues. White Collar Criminal and Internal Investigations
Represented one of Wisconsin's largest home builders that was the victim of a multi-million dollar fraud conspiracy involving the corporation's CEO, members of senior management, the corporation's outside counsel, and several vendors. During the course of the two year investigation, assisted federal prosecutors in developing evidence that led to criminal charges against ten individuals, nine guilty pleas, federal prison sentences for several defendants, and recovery of several million dollars through civil settlements with various parties involved in the conspiracy against the corporation. Defended employees of a pharmaceutical company in a federal investigation of alleged violations of anti-kickback statutes occurring in the marketing of pharmaceutical products.
Defense of health care providers and employees in state and federal investigations involving alleged violations of the False Claims Act and fraud against Medicare and Medicaid programs. General Business and Commercial Litigation
James Cape & Sons Company Construction (f/k/a Streu Construction Company) v. PCC Construction Company, Vinton Construction Company, John Streu, Ernest J. Streu, James J. Maples, Michael J. Maples and Daniel Beaudoin. Represented defendant, Vinton Construction, a Wisconsin-based road building firm, and its owners in federal civil action where plaintiff alleged antitrust and RICO claims after defendants plead guilty to federal antitrust violations. Successfully obtained dismissal with prejudice of state and federal antitrust and racketeering claims on motion to dismiss.
Silver Spring Networks Litigation. Compuware Corporation v. Silver Spring Networks, Inc., et. al. Represented defendant, Silver Spring Networks, Inc., the acquirer of the assets of defunct developer of automatic utility meter reading product in federal court action. Plaintiff, Compuware Corporation, alleged that Silver Spring acquired assets of failing company via fraudulent transfer and that Silver Spring and its primary investor conspired to cause management of failing company to breach fiduciary duties owed to Compuware and other creditors. Following two years of litigation, court dismissed all of plaintiff's claims on motion for summary judgment.
Publications
"Corporations and White Collar Criminal Investigations: Initial Steps & Strategic Planning"
Inside the Minds: White Collar Client Strategies, Aspatore Books
2007
"When the Whistle Blows: Navigating Conflicts that Arise for In-House Counsel When a Whistleblower Comes Forward"
ABA Section of Litigation, Committee on Corporate Counsel
February 2006
"Addressing Allegations of Corporate Crimes: Initial Considerations for the Corporate Counsel"
The Wisconsin Business Advisor Series, Vol. 6, Business Litigation
2006
"Poor Quality of Care May Trigger a False Claims Act Violation"
Summer 2007 | Volume 2, Issue 2
"False Claims Act for Wisconsin?"
Summer 2007 | Volume 2, Issue 2
"If it Looks Too Good to Be True, It Probably Is: A Harsh Dose of Reality Hits the Subprime Mortgage Industry," Published in Instant Awareness: A Continuing Look at the Legal, Governmental, and Economic Ramifications of the Subprime Mortgage Crisis, Aspatore Books (2008).
"Antitrust Immunity for HealthCare Providers in Wisconsin: The State Action Immunity Doctrine and Wisconsin Healthcare Cooperative Agreement Legislation," Marquette Law Review (Fall 1996)
Admitted to Practice
Wisconsin - 1997
Professional Association Memberships
American Bar Association
Milwaukee Bar Association
Seventh Circuit Court of Appeals Bar Association
Court Admissions
United States District Courts for the Eastern & Western Districts of Wisconsin, and various other District Courts
United States Court of Appeals for the Seventh Circuit
Activities
ABA Section of Litigation - Committee on Corporate Counsel
American Inns of Court
Legal Aid Society - Board of Directors
Education
Juris Doctor, Marquette University Law School, 1997, magna cum laude
Bachelor of Arts, Brown University, 1990, History.
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