Phone: 216.736.7237 Fax: 216.621.6536 Connect: LinkedIn

Overview

Sean counsels manufacturing, energy, and healthcare companies on compliance with federal, state and local laws.He has litigated many cases involving fraud, breach of contract, breach of fiduciary duty, misappropriation of trade secrets and covenants not to compete.

Sean’s health care clients have included hospitals, physicians and manufacturers of medical products and technology. He has experience with medical staff bylaws, peer review and credentialing matters, and has provided advice on the Stark Law, the Anti-Kickback Statue and the Affordable Care Act.

Prior to joining the firm, Sean practiced for eight years in Washington, D.C., where he represented a national hospital network, pharmaceutical and utility companies under investigation by the Department of Justice and the Federal Trade Commission, and a global oil company in a trial before the U.S. Court of Federal Claims. He also advised businesses on complying with U.S. trade controls and economic sanctions and assisted many pro bono clients, including an asylum petitioner in Immigration Court and a soldier appealing a disability ruling by the U.S. Army’s Physical Evaluation Board.

Sean is committed to resolving disputes for his clients, even in the most complex and contentious matters. He also serves as a member of City Council in his hometown of Shaker Heights, where he enjoys working collaboratively with many different types of people to build consensus.

“In my legal work and in my position on Shaker Heights City Council, my strength is working collaboratively with many different types of people to build consensus and resolve disputes.” – Sean P. Malone

Education

  • The Ohio State University Moritz College of Law, J.D., 2003, cum laude
    • Ohio State Law Journal, Managing Editor
  • The College of Wooster, B.A., Classical Studies, 1999, summa cum laude, Phi Beta Kappa

Civic Involvement

  • Shaker Heights City Council, Current Member
    • Climate Change Task Force, Chair
  • Legal Aid Society of Cleveland, Pro Bono Committee, Member
  • The 3Rs — Rights, Responsibilities, Realities, Teaching Volunteer and Team Captain
  • Shaker Heights Safety and Public Works Committee, Former Citizen Member
  • Volunteer Lawyers for the Arts
  • Junior Achievement of Greater Cleveland, Volunteer Teacher
  • D.C. Bar’s Advice and Referral and Landlord-Tenant Clinics, Volunteer Attorney

Professional Affiliations

  • Cleveland Metropolitan Bar Association

Bar/Court Admissions

  • Ohio State Courts
  • District of Columbia
  • U.S. District Court, Northern District of Ohio
  • U.S. Court of Appeals, 6th Circuit
  • U.S. Court of Appeals, Federal Circuit

Presentations & Publications

  • “No-Cause Terminations and Data Bank Reports: Does a No-Cause Termination Mean No Lawsuit?” AHLA MedStaff News, November 2014
  • “Introduction to Fraud and Abuse: Stark Law, Anti-Kickback Statue and False Claims Act,” CMBA’s Medical Legal Summit, April 11, 2014
  • “Complying With The Employer Mandate,” Ohio Lawyer, March/April 2013
  • “Successor Liability for Export Violations,” Meritas Capability Webinar, March 2012

Representative Experience

  • Helped reach favorable resolution of federal lawsuits by physician against former hospital employer and HHS that resulted in the removal of a National Practitioner Data Bank report and a change in NPDB policy on reporting of employment terminations
  • Settled prolonged dispute between siblings over trust inheritance after obtaining dismissal of quasi-criminal action alleging embezzlement
  • Obtained substantial settlement for minority owners of plastics manufacturer who sued majority owner after he devised a non-pro rata redemption that would have paid him alone $7 million
  • Helped win federal jury verdict for background screening company against former employee for breaching his contract and misappropriating trade secrets by filing a patent that covered the company’s business plans and ideas
  • Helped win dismissal of all claims against part-owners of broker-dealer in a two-week FINRA arbitration
  • Defeated motion for temporary injunction and negotiated favorable settlement of federal lawsuit accusing executive of gas industry supplier of breaching his non-compete agreement and planning to steal clients, employees, and trade secrets
  • Persuaded construction company to pay a minimal amount to settle a personal injury case before trial at which co-defendant lost a $640,000 judgment