Sean Bosack

/My focus

My practice centers on representing corporations and individuals in the most challenging civil and criminal business disputes. On the civil side, I have extensive trial and arbitration experience representing institutional investors and financial services firms, and I handle a wide range of complex commercial disputes including corporate governance, shareholder disputes, securities fraud, RICO, antitrust, trade secrets, unfair competition, and complex contract matters. I also devote a significant portion of my practice to representing corporations conducting internal investigations involving fraud and corporate governance issues, and representing corporate and individual clients in white collar criminal matters, including healthcare fraud, False Claims Act and qui tam actions, export control, and anti-money laundering, as well as the parallel civil and regulatory proceedings that frequently follow. I have also served as an adjunct professor at Marquette University Law School, where I taught Capital Markets and guest lectured on expert evidence and corporate internal investigations.

/Representative experience

Below representative experience includes representations from a prior firm.

Securities And Financial Institutions

• Represented one of North America's largest banks in Bankruptcy Court and federal district court litigation in Minnesota initiated by bankruptcy trustee accusing the bank of aiding and abetting a multibillion dollar Ponzi scheme perpetrated by one of its customers. Served as member of the trial team for the trial after which the jury returned verdict in favor of the bank on three of four counts. The remaining count was reversed by the court of appeals on in pari delicto grounds resulting in complete victory for the bank, after which the United States Supreme Court denied the trustee’s petition for certiorari.
• Represented a private equity firm in securities fraud class actions in federal and state court in Wisconsin alleging misrepresentations in its Registration Statement and Prospectus issued in connection with the Initial Public Offering of stock of one of its portfolio companies.
• Defended a mid-size Wisconsin bank in federal court litigation initiated by a title insurer seeking more than $15 million in damages and accusing the bank of aiding and abetting fiduciary fraud perpetrated by one of the title insurer’s agents. After discovery and extensive motion practice, settled the case for less than 10% of plaintiff's demand.
• Represented a major mutual fund as petitioner in a securities fraud arbitration against an issuer and underwriter of municipal bonds. After two weeks of arbitration, secured a settlement in which respondents paid 95% of relief sought by the mutual fund.
• Negotiated a favorable pre-litigation settlement with a bankruptcy trustee on behalf of a hedge fund faced with a $22 million claw back claim when it was “net winner” in another hedge fund exposed as a multi-billion-dollar Ponzi scheme.
• Served as plaintiff’s counsel in Wisconsin federal court litigation for a purchaser of automobile loans alleging that the defendant loan originator refused to repurchase loans that did not satisfy underwriting criteria. Secured a jury verdict resulting in a judgment ordering originator to repurchase loans. 
• Represented a hedge fund in a Massachusetts federal court trial in which it alleged that the defendant corporation and its officers and directors violated federal securities law. 
• Secured dismissal of RICO claims asserted against a Wisconsin-based community bank in Bankruptcy Court for Eastern District of New York related to the bank’s residential loan acquisition relationship with a large loan originator.

Antitrust & Competition

• Represented a builder of combat vessels for the United States Navy and Coast Guard in an antitrust class action filed in federal court in the Eastern District of Virginia. The putative class alleged that ship builders serving the United States Navy and engineering firms that support them participated in a decades long no-poach conspiracy not to solicit certain categories of employees.
• Represented a road builder and its owners as defendants in a federal civil action in which the plaintiff alleged antitrust and RICO claims after defendants pled guilty to federal antitrust charges associated with a bid rigging conspiracy. Successfully secured dismissal of all claims on a motion to dismiss which was affirmed by a federal court of appeals.
• Defended a road builder and its owners in a Wisconsin state court action initiated by a competitor alleging that the defendants conspired to rig bids and misappropriate trade secrets following defendants’ conviction on federal antitrust charges. Secured a favorable settlement on the eve of trial
• Assisted in representation of a dental insurer in a federal antitrust class action in the Northern District of Illinois.

White Collar & Government Investigations

• Conducted an internal investigation and represented one of North America’s largest banks in federal criminal and civil investigations and bank regulatory examinations of the bank’s Bank Secrecy Act and anti-money laundering compliance. The enforcement investigations arose as a result of the bank’s relationship with a customer convicted of operating a multi-billion dollar Ponzi scheme. Neither the bank nor any of its employees were criminally charged or sanctioned by banking regulators. Assisted in negotiating a favorable pre-suit settlement of a FIRREA claim against the bank with the US Department of Justice.
• Representing a manufacturer of rifle barrels in an Eastern District of New York grand jury investigation of a potential criminal violation of export control statutes and regulations.
• 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, its outside counsel, and several vendors. During the course of a two-year investigation, assisted federal prosecutors in developing evidence that led to nine convictions and led to civil settlements in which the company recovered approximately $20 million.
• Represented a large health system in a federal False Claims Act investigation arising from a qui tam complaint alleging violations of Medicare rules governing moonlighting by radiology residents. Persuaded the US Department of Justice to decline to intervene, which resulted in voluntary dismissal of the qui tam complaint.
• Represented a builder of combat ships for the US Navy and Coast Guard in a federal False Claims Act investigation arising from a qui tam complaint alleging that the company misrepresented its compliance with cybersecurity standards mandated by the US Department of Defense. The Department of Justice declined to intervene and the qui tam complaint was voluntarily dismissed.
• Represented a supplier of durable medical equipment in a false claims investigation arising from qui tam complaint alleging violations of the Anti-Kickback Statute. Secured a favorable monetary settlement and Corporate Integrity Agreement which allows the client to continue to participate in federal health benefit programs.
• Represented employees of a manufacturer of generators in an Eastern District of Michigan grand jury investigation of allegations that the manufacturer submitted false emissions test certifications to the Environmental Protection Agency.
• Represented a contract officer of large defense contractor as target of parallel federal criminal civil False Claims Act investigations arising from qui tam complaints alleging that contractor defrauded the US Navy in connection with a nine-figure contract to supply aviation parts and logistics services. The client was not charged criminally nor named as defendent in the civil complaint against employer.
• Represented an independent political organization in a John Doe investigation of alleged campaign finance law violations revolving around assertions that the client and other independent political groups illegally coordinated with a Wisconsin gubernatorial candidate’s campaign.
• Conducted an internal investigation on behalf of a large health management organization regarding whistleblower reports that the CEO and CFO manipulated financial statements for the purpose of understating the organization’s incurred but unpaid claims exposure. Facilitated voluntary disclosure to the State Commissioner of Insurance, and negotiated favorable resolution to bring the HMO into good standing.
• Represented a large primary care clinic in responding to a civil investigative demand related to a US DOJ and DEA investigation of one of its physician’s opioid prescribing patterns.
• Represented the chief operating officer of engineering design firm in parallel federal criminal and civil False Claims Act investigations related to allegations that the design firm made false representations regarding Buy America compliance in connection with construction contracts for the US Army. Successfully negotiated a Deferred Prosecution Agreement on behalf of the client.
• Represented a physician in a federal criminal investigation regarding allegations that the physician prescribed several million dollars of durable medical equipment and genetic testing through telemedicine companies without examining patients. Facilitated the physician’s cooperation with the US Department of Justice with prosecution of more culpable telemedicine physicians and firms, which led to a guilty plea and sentence of probation.

Other Complex Business Litigation

• Defended a large software developer in a federal breach of contract and fraud action initiated by its customer, one of the largest furniture manufacturers in the United States, alleging that the defendant misrepresented the capabilities of the custom software product that it sold and that the product had design deficiencies. The plaintiff sought approximately $20 million in damages. Achieved a settlement on eve of trial in which the plaintiff dismissed its claim and paid approximately $1 million to resolve developer’s counterclaim to recover unpaid invoices.
• Represented a large Federally Qualified Health Center (FQHC) in a contract arbitration against a large health system with which it is affiliated regarding the proper contractual allocation between them of more than $75 million dollars of revenue associated with services provided to patients by the FQHC. On the eve of the arbitration hearing, secured settlement of claims resulting in substantial recovery of funds for the FQHC and renegotiation of a contract between parties.
• Secured an arbitration victory and confirmation of an arbitration award in state court on behalf of a manufacturer of fire trucks in a dispute with a dealer that alleged that termination of dealer agreement violated Wisconsin dealership statutes.
• Secured summary judgment in federal court on behalf of an acquirer of assets of a defunct developer of an automatic utility meter reading product through an Article 9 sale where the developer’s primary creditor alleged that the acquirer caused the management of a failing company to breach fiduciary duties to creditors.

/Looking ahead

In the current environment, businesses in all sectors need to be ready to confront uncertainty and change. There is the potential for volatility in the economy and the financial markets which can lead to an uptick in private fraud litigation across business sectors. In the context of federal government enforcement, the current administration has continued aggressive enforcement of the False Claims Act and antitrust laws in the healthcare and defense sectors, and there are signs that there may be some targeting of the renewable energy space along with some focus shift to employment and hiring practices across many industries.

/Insights

• Civil Investigative Demands in FCA Investigations, American Bar Association, April 30, 2020
• Combating the Opioid Epidemic with the False Claims Act, American Bar Association, December 9, 2019