Sean P. Moore is a member of BrownWinick and has served as one of the members of the firm's Management Committee.
Sean has practiced law in the corporate litigation area for 22 years. He has extensive experience defending our agriculture-based clients against claims they constitute a nuisance to surrounding landowners, and also has an extensive practice litigating contract disputes involving agriculture based industries. Sean has also represented bank and finance companies on troubled loans, and also helped to protect employers from corporate raiding, misappropriation of trade secrets, and employee breaches of fiduciary duties and noncompete agreements. He has successfully represented clients in state and federal courts located in Iowa, Nebraska, Minnesota, Missouri, Tennessee, Arkansas and Georgia.
In addition to his litigation experience, Sean regularly provides day-to-day advice to clients on a wide array of litigation related issues, including how to respond to complaints from neighboring landowners, initiating document retention policies, the use of forum selection and venue provisions in contracts, interpreting arbitration agreements and determining our clients' rights and responsibilities under existing contracts.
Although Sean focuses his practice on corporate litigation matters, he has experience in the securities area assisting our clients in raising equity and in their dealings with federal and state securities regulators.
Sean earned his B.B.A. in Accounting from the University of Iowa in 1984, and his J.D., with high distinction, from the University of Iowa in 1991, where he served as a Note and Comment Editor on the Journal of Corporation Law. He is admitted to practice in Iowa, California, the United States District Courts for the Northern and Southern Districts of Iowa and the United States Court of Appeals for the Eighth Circuit. Sean is a member of the and Polk County and Iowa State Bar Associations and the State Bar of California. Sean serves on the Board of the St. Theresa Parish Foundation in Des Moines.
Representative Cases
Class Action Dismissal
695 N.W. 1 (Iowa Supreme Court 2005)
We were successful in obtaining the dismissal of our client, a Florida corporation, from a proposed class action brought by the purchasers of campground memberships. The trial court granted our motion to dismiss for lack of personal jurisdiction and the Iowa Supreme Court affirmed the dismissal at 695 N.W. 1 (Iowa 2005).
Agricultural Equipment Dealership Termination
We represented a large agricultural and construction equipment financing company with respect to the termination of an agricultural equipment dealership in northern Iowa. The dealership was involved in a variety of wrongful conduct including the submission of fraudulent retail installment contracts to our client, which our client funded. We filed a federal court lawsuit against the President of the dealership and obtained a judgment against that individual for over $12 million. We also filed over a dozen lawsuits against other individuals believed to have been involved in assisting the dealership's wrongful conduct and we obtained numerous favorable settlements with those individuals.
Wrongful Death Defense
We represented an Italian manufacturer of chicken hatchery cages and egg delivery systems in a lawsuit involving the death of a construction worker during the construction of a hatchery facility in northwestern Iowa. After completion of discovery, the case settled on favorable terms.
Mass Tort Jury Verdict
Represented a herbicide manufacturer against a mass tort lawsuit brought by 60 cotton farmers in Arkansas, alleging a herbicide drifted on their fields and damaged their cotton crop. At the first trial involving six plaintiffs, a complete defense verdict was obtained.
*Past results are reported to provide the reader with an indication of the type of litigation in which we practice and do not and should not be construed to create an expectation of result in any other case as all cases are dependent upon their own unique fact situation and applicable law.
Memberships / Associations
- Polk County Bar Association
Member
- Iowa State Bar Association
Member; Litigation Section
- State Bar of California
Member
- Notes and Comments Editor, Journal of Corporation Law, 1990-1991
Publications
- "What to do When Your Business is Served With a Subpoena"
The Legal Monitor (July 2017)
- "New Federal Litigation Rules Regarding Electronically Stored Information"
The Legal Monitor (February 2007)
- "Nuisance Lawsuits Are Not Limited to Livestock Operations"
The Legal Monitor (July 2004)
- "High Court Clarifies Standards for Proving Employment Discrimination Claims"
The Legal Monitor (August 2000)
Previous Speaking Engagements