Sean S. Twomey is a litigation associate in the Los Angeles office of Gibson, Dunn & Crutcher LLP.  His practice focuses on complex commercial cases, appellate law, sports law, and health care compliance, enforcement, and litigation.  Mr. Twomey has represented clients in the pharmaceutical, health care, defense, athletic apparel, and sports marketing industries, including Nike, Allergan, Lockheed Martin, Microsemi, and the Gatorade Company in contract disputes, securities litigation, and business tort, patent, trade secret, and unfair competition matters.

Mr. Twomey’s experience also includes advising clients regarding high-profile athlete endorsement contract negotiations.  In addition, he has experience handling internal investigations, compliance audits, False Claims Act qui tam litigation, and civil and criminal investigations and enforcement actions relating to export controls, off-label promotion, anti-kickback issues, and drug and device advertising, design, and safety issues.

Representative Matters Include:

• Havensight Capital LLC v. Nike, Inc., 891 F.3d 1167 (9th Cir. 2018).  Obtained dismissal with prejudice and Rule 11 sanctions in a lawsuit seeking $600 million in damages from Nike for antitrust, business tort, racketeering, and unfair competition claims based on alleged anticompetitive conduct.  On appeal, the Ninth Circuit affirmed the district court’s award of sanctions and declined to review the district court’s dismissal for lack of jurisdiction.
• Nike, Inc. v. Dekovic, et. al., 2014 WL 12663761 (Or. 2014).  Obtained a temporary restraining order and preliminary injunction on behalf of Nike in misappropriation of trade secret, breach of contract, and business tort litigation involving adidas and three former Nike footwear designers, ultimately securing a confidential settlement following favorable discovery rulings.
• Oakley, Inc. v. Nike, Inc., and Rory McIlroy, 988 F.Supp.2d 1130 (C.D. Cal. 2013).  Obtained summary judgment on behalf of Nike in a breach of contract and business tort lawsuit in which Oakley sought over $100 million in damages from Nike and professional golfer Rory McIlroy after Mr. McIlroy signed an endorsement agreement with Nike.
• United States ex rel. McGrath v. Microsemi Corp., 140 F. Supp. 3d 885 (D. Ariz. 2015), aff’d 690 Fed.App’x. 551 (9th Cir. 2017).  Obtained dismissal at the pleadings stage of a False Claims Act suit seeking over $2 billion from Microsemi based on alleged noncompliance with export control regulations.  On appeal, the Ninth Circuit affirmed the district court’s dismissal with prejudice and the Supreme Court denied certiorari.
• Miotox LLC v. Allergan, Inc., 2015 WL 2084493, 2015 WL 5838465 (C.D. Cal. 2015).  Defeated a motion to dismiss patent counterclaims and obtained summary judgment in Allergan’s favor on breach of patent license agreement claims in which licensor sought $600 million in damages.
• Allergan, Inc., et. al. v Athena Cosmetics, Inc., et. al., 738 F.3d 1350 (Fed. Cir. 2013).  Obtained summary judgment and a permanent injunction on behalf of Allergan in consolidated patent and unfair competition claims against several entities unlawfully selling eyelash growth drugs in competition with Allergan.  On appeal, the Federal Circuit affirmed the district court’s summary judgment and injunction rulings, with a modification to the geographic scope of the injunction.
• Defending pharmaceutical and medical device manufacturers in False Claims Act qui tam lawsuits, and civil and criminal investigations by the U.S. Department of Justice, the Office of Inspector General of the Department of Health and Human Services, and state Attorney Generals.

In addition, Mr. Twomey frequently practices before both the United States Court of Appeals for Veterans Claims and the United States Department of Veterans Affairs, representing U.S. veterans on a pro bono basis in claims for service-connected medical benefits.  Mr. Twomey also supervises law students handling veteran’s benefits appeals through pro bono programs at the University of California at Irvine School of Law and the University of Virginia School of Law.

Mr. Twomey graduated Order of the Coif from the University of Virginia School of Law, where he was also awarded the Paul A. Simon Memorial Scholarship and the Pro Bono Service Award.  In law school, Mr. Twomey served as Executive Editor of the Virginia Journal of Law & Social Policy.  He graduated summa cum laude from the University of California at Los Angeles in 2007, with a Bachelor of Arts degree in Philosophy.

Mr. Twomey is a member of the bars of the State of California, the District of Columbia, and the State of New York.  He is also admitted to practice before the United States Courts of Appeals for the Ninth Circuit and Federal Circuit, and the United States District Courts for the Central, Northern, and Southern Districts of California.