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Overview

Sean concentrates his practice on business disputes involving companies and individuals. Primarily, he assists his clients with assessing their risks, implementing a plan to manage those risks, and pursuing, or defending, his clients’ interests with, or without, litigation. If litigation is required, Sean has extensive courtroom experience in state, federal and bankruptcy court.  Sean also manages multi-jurisdictional litigation and creditors’ rights matters on behalf of clients across the United States.

Experience

  • Representing creditor interests in some of the most high-profile bankruptcy cases across the United States in recent years, including the following: J.C. Penney, Hertz, Celadon Group, California Pizza Kitchen, Brooks Brothers, Latam Airlines, California Pizza Kitchen, Lane Bryant, Ann Taylor, Charming Charlies, Claire’s Stores, Lerner’s, NY & Co., Virgin America, Toys R’ Us, Aeropostale, David’s Bridal, iHeartMedia, Logan’s Roadhouse, Muzak, Payless Shoes, RadioShack, Purdue Pharma, Gymboree, True Religion, Aeropostale, hhgregg, Caesars Entertainment Operations, Jack Cooper Ventures, Murray Energy, American Airlines, Charlotte Russe, Cumulus Media, Piccadilly Restaurants, SkyMall, The Limited, Modell’s, Pier1 Imports, Stein Mart, Houlihan’s, and Borden Dairy.
  • Successfully representing one of the largest electronic payment companies in the world, and second largest commercial issuer of MasterCard in North America, in multi-jurisdictional matters, including in the defense of hundreds of preference and avoidance actions, resolving the disputes, as well as representing the client’s rights as a creditor in all facets of bankruptcies involving the client’s customers.
  • Successfully representing one of the world’s largest financial services companies in the defense and dismissal of multiple preference and avoidance actions.
  • Successfully representing one of the world’s largest human resource software companies in multi-jurisdictional matters in both state and federal court.
  • Successfully obtaining the dismissal of multiple lawsuits, including class action, brought against the nation’s leading specialty loan servicing company, for alleged violations of state and federal law.
  • Successfully obtaining the dismissal of multiple Ponzi scheme/fraudulent transfer lawsuits in both state and federal court.
  • Successfully representing one of the world’s largest airline lodging programs in multi-jurisdictional matters world-wide.
  • Successfully representing one of the world’s largest lenders in the automobile industry in the pursuit and defense of state, federal and bankruptcy litigation.
  • Successfully obtaining permanent injunctions and monetary damages on behalf of one of the largest home and commercial security providers in the United States against its dealers for breaches of non-solicitation and non-compete agreement with the client.
  • Successfully representing one of the 250 fastest growing companies in the world in commercial litigation matters in both state and federal courts across the United States.
  • Successfully representing the nation's leading provider of workforce lodging services in commercial litigation matters in both state and federal court across the United States.
  • Successfully representing one of the nation’s largest mass media and marketing companies in commercial litigation matters in federal courts across the United States.
  • Successfully representing banks, credit unions and other financial institutions in all facets of litigation in both federal and state court in Tennessee.
  • Continued collaboration with small businesses and other entrepreneurs as “general counsel” in formulating legal strategies as they grow.

Representative cases include:

  • Communications Unlimited Contracting Servs., Inc. v. Comdata Inc., --F. Supp.3d--, 2020 WL 606592 (M.D. Tenn. Feb. 7, 2020)
  • McClendon v. North Carolina Mut. Life Ins. Co., 406 F.Supp.3d 677 (M.D. Tenn. 2019)
  • Camps v. Gore Capital, LLC, 2019 WL 2763902 (M.D. Tenn. July 2, 2019)
  • Cole v. InSouth Bank, 2019 WL 2440082 (W.D. Tenn. June 11, 2019)
  • Keen v. Ocwen Loan Servicing, LLC, 2018 WL 4111938 (M.D. Tenn. Aug. 8, 2018)
  • Bourque v. Bank of Am., 2018 WL 1940673 (M.D. Tenn. April 25, 2018)
  • Darby Fin. Prods. v. Animal Crackers Movie, Ltd., 2017 WL 2972163 (M.D. Tenn. July 11, 2017)
  • Roy v. Kimble Chase Sci. and Research Prods., LLC, 2014 WL 4219612 (E.D. Tenn. Aug. 25, 2014)
  • CBR Funding, LLC v. Jones, 2014 WL 12626321 (W.D. Tenn. May 20, 2014)
  • Harden v. AlliedBarton Sec. Serv., 2013 WL 2467714 (M.D. Tenn. June 7, 2013)
  • GreenBank v. Sterling Ventures, LLC, 2012 WL 6115015 (Tenn. Ct. App. Dec. 7, 2012)
  • Eaton v. Ford Motor Credit Co., LLC, 2012 WL 3579644 (M.D. Tenn. Aug. 17, 2012)
  • Condidorio v. Regions Bank, 2011 WL 1157286 (M.D. Tenn. Feb. 23, 2011)
  • Jahn v. Genesis Merch. Partners, LP, 451 B.R. 437 (Bank. E.D. Tenn. 2011)
  • Luna v. Ford Motor Co., 2008 WL 276484 (M.D. Tenn. Jan. 29, 2008)
  • Estate of Green v. Carthage Gen. Hosp., Inc. 246 S.W.3d 582 (Tenn. Ct. App. 2007)

Professional Recognition and Activities

Awards

  • AV© Preeminent Rating, Martindale-Hubbell – 2008-present. The highest peer rating standard in the legal industry, given to attorneys who are ranked at the highest level of professional excellence for their legal expertise, communication skills, and ethical standards by their peers.
  • Best of the Bar Nominee, Litigation and Dispute Resolution, 2017-present, Nashville Business Journal
  • Tennessee Supreme Court, Certificate of Recognition for pro bono service in Tennessee

Membership

  • Nashville Bar Association
  • Tennessee Bar Association
  • Turnaround Management Association
  • American Bankruptcy Institute
  • Barrister American Inns of Court - Belmont University College of Law, Past Member

 

Community Involvement

Sean has served on the Board of Directors, and as of an officer, of several not-for-profits in Nashville. These include (a) Renewal House, which provides specialized addiction treatment to women and their children; (b) Safe Haven Family Shelter, which houses, supports, empowers and advocates for families experiencing homelessness; (c) Monroe Harding, which provides resources for foster care and foster parenting, and (d) Book’em, which, working with Reading is Fundamental, distributes tens of thousands of books annually to schools and underprivileged youth and operates reading programs in early learning centers.

As a graduate of the Young Leaders Council (Class 44), which provides leadership skills to young professionals in order to impact the community as nonprofit board leaders, Sean volunteers his time to train and mentor young professionals to be the next generation of leaders. As part of this, Sean serves as a judge for the Nashville Emerging Leaders Award, sponsored by the Nashville Chamber of Commerce and YP Nashville, which recognizes young professionals across multiple industries for their commitment and contribution to the Nashville community.

In addition to volunteering on the not-for-profit Boards that he has served upon, and providing pro bono legal services to those organizations, Sean also volunteers with numerous other civic and not-for-profit organizations, including CASA Nashville, Legal Aid Society of Middle Tennessee and the Cumberlands, Habitat for Humanity of Greater Nashville, and East Brentwood Presbyterian Church.

Insights

Sean has written for several trade publications, providing his legal analysis on a variety of industry topics. Sean has also made a variety of presentations on legal issues within his practice area for the Nashville Chamber of Commerce, the Southeastern School of Banking, and the Tennessee Bankers Association, and through numerous in-house seminars and presentations for multiple clients. Sean also serves on the CLE faculty for the Tennessee Bar Association.

About Sean

Sean and his family are active participants in the community and enjoy supporting local businesses and charities. When not working, Sean can usually be found spending time with his family, taking advantage of living in “Music City U.S.A.” by attending a concert at the world-famous The Ryman Auditorium, or cheering on, win or lose, his Georgia Bulldogs or Atlanta Braves.

Testimonials

    • I worked extensively with Mr. Kirk as co-counsel on a significant bankruptcy legal matter. Mr. Kirk is an outstanding lawyer.
      Rated by a Partner in Bankruptcy

    • Sean is an excellent lawyer, with wonderful communication skills, and an attention to detail.
      Rated by a Senior Associate in Commercial Litigation

    • I endorse this lawyer. Sean is not only a great litigator, but he's a fantastic creditors' rights attorney. I've personally worked against Sean when I was debtor's counsel. You can count on Sean to reach a business solution that's in his clients' best interests.
      Rated by an Attorney in Bankruptcy

Martindale Hubbell
 

 

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