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, minors in Music and English, 1999, summa cum laude, Phi Beta Kappa

Civic Involvement

  • D.C. Bar’s Advice and Referral and Landlord-Tenant Clinics, Former Volunteer
  • Junior Achievement of Greater Cleveland, Volunteer Teacher
  • Legal Aid Society of Cleveland, Pro Bono Committee, Member
  • Shaker Heights City Council, Current Member
    • Finance Committee, Chair
    • Human Relations Task Force, Chair
    • Recreation Committee, Member
    • Sustainable Shaker Task Force, Member
  • Shaker Heights Development Corporation, Member
  • Shaker Heights Safety and Public Works Committee, Former Citizen Member
  • Shaker Youth Baseball League and Upward Youth Basketball, Coach
  • St. Dominic Church Music Ministry
  • The 3Rs — Rights, Responsibilities, Realities, Team Leader
  • Volunteer Lawyers for the Arts

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

  • “Personal View: Reaffirm our commitment to mass transit,” Jul. 5, 2016
  • “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

Sean P. Malone

Associate

spm@kjk.com 216.736.7237 216.621.6536

Overview

Sean has spent nearly 15 years helping clients resolve disputes, mitigate risk and grow their businesses. In addition to litigating cases throughout the state and federal court systems, he serves as a mediator and represents clients in arbitrations, government investigations and administrative proceedings. He also counsels executives and organizations on regulatory compliance and has negotiated and drafted agreements of all kinds.

As a member of Shaker Heights City Council, Sean serves as Chair of the Finance Committee and the Human Relations Task Force, and as a Member of the Recreation Committee, the Sustainable Shaker Task Force and the Board of the Shaker Heights Development Corporation. He has organized and led public gatherings on topics that include sustainability and police-community relations. His collaborative approach to problem-solving helps build consensus among diverse groups.

Sean also advises pro bono clients on housing, consumer protection, immigration and arts-related matters. He serves on the Legal Aid Society of Cleveland’s Pro Bono Committee, is a team leader in the Cleveland Metropolitan Bar Association’s 3-Rs program, volunteers as a youth sports coach and participates in the music ministry at St. Dominic Church.

“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

Representative Experience

  • Handle civil litigation including breach of contract, fraud, breach of fiduciary duty, non-compete agreements, misappropriation of trade secrets, qui tam, labor and employment and FINRA arbitration
  • Experience in municipal law including legislative and administrative proceedings, and as an elected official
  • Work in government regulations and investigations, including U.S. trade controls and economic sanctions, health care licensing and credentialing, DOJ and FTC antitrust investigations, SEC and state securities agencies
  • Experience in health care law including peer review and credentialing matters, medical staff bylaws, Stark Law and Anti-Kickback Statue and the Affordable Care Act
  • 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