Sean Topping

Senior Associate
Norton Rose Fulbright US LLP

New York
United States
T:+1 212 318 3361
New York
United States
T:+1 212 318 3361
Sean Topping

Sean Topping

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Biography

Sean is a commercial litigator in Norton Rose Fulbright's New York office.  Sean joined the firm in 2016 and was elevated to a senior associate in 2022.  Sean is a seasoned practitioner in both New York and New Jersey federal and state courts, as well as domestic and international arbitrations.  Sean's representation of corporate and individual clients has spanned a diverse range of business sectors, including commercial real estate, financial institutions, products liability, life sciences, and employment.

Sean is admitted to practice in the states of New York and New Jersey, the Court of Appeals for the Second Circuit, and the United States District Court for the Southern and Eastern Districts of New York, as well as the District of New Jersey.


Professional experience

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JD, cum laude, Georgetown University Law Center, 2016
BA, summa cum laude, Political Science, European Studies, Vanderbilt University, 2011

At Georgetown Law, Sean was the editor-in-chief of the Georgetown Journal of International Law and published his note "Defying Schengen Through Internal Border Controls:  Acts of National Risk-taking or Violations of International Law at the Heart of Europe?"  He also served as a legal research and writing law fellow and competed in multiple moot court competitions, including the Andrews Kurth National Moot Court Championship and the Phillip C. Jessup International Law Moot Court Competition.  He interned at the Legal Resources Centre in Johannesburg, South Africa, and the Mexican American Legal Defense and Education Fund (MALDEF) in Washington, D.C.

At Vanderbilt, Sean graduated with highest honors in Political Science after completing a thesis, "Parties, Public Opinion, & Punishment: Challenging the Curse of Incumbency in European Democracies."

  • New Jersey State Bar
  • New York State Bar

Financial Institutions

  • Ongoing representation of international banking client in federal blue-sky and bankruptcy avoidance action litigation, including through fact and expert discovery, substantive briefing, trial preparation, and appeal
  • Drafted substantive briefing, conducted witness preparation, and assisted in depositions for broker-dealer in Securities & Exchange Commission enforcement action
  • Represented court-appointed receiver of a Madoff feeder fund in state, federal district, and bankruptcy court litigation
  • Representation of online payments company, including in Electronic Funds Transfer Act case and other user disputes
  • Ongoing representation of cryptocurrency exchange in U.S. bankruptcy adversary proceedings
  • Advised Japanese public utility investor in U.S. venture capital fund governance dispute
  • Provided U.S. legal advice to German legal claims bundler involved in EU truck cartel matters

Real Estate

  • Defense of privately-held real estate company and directors in shareholder dispute from case inception through dispositive motion practice and discovery, including on related trusts and estates matters
  • Represented Texas real estate firm in New Jersey state court and arbitration proceedings for breach of contract in multi-million dollar commercial real estate dispute
  • Favorably settled multi-million real estate dispute concerning New Jersey industrial warehouse property following dispositive motion practice and discovery

Information Governance, Privacy, & Cybersecurity

  • Defended private and public clients in putative data breach class actions through dispositive briefing and settlement
  • Drafted litigation hold notice and assisted in initial eDiscovery guidance for bankrupt healthcare provider
  • Assisted in preparation for Fed. R. Civ. P. 30(b)(6) deposition in multi-district pharmaceutical litigation
  • Drafted discovery-related motions, conducted custodian interviews, and oversaw document review for multiple actions involving correctional services contractor
  • Drafted records retention and preservation policies for Fortune 100 companies
  • Assisted in research and drafting amicus brief before the U.S. Supreme Court in United States v. Microsoft addressing the importance of comity in cross border discovery

Products Liability

  • Ongoing representation of chemical manufacturer in product liability litigation alleging 1,4-dioxane groundwater contamination, including through fact and expert discovery
  • Ongoing representation of international petroleum company in dispute involving alleged oil spill under New York Navigation Law and other common law claims

Life Sciences & Pharmaceuticals

  • Conducted internal investigation, created presentations given to U.S. Attorney's Office, and drafted mediation submissions for regional hospital system in qui tam action
  • Led discovery, drafted pre-hearing briefing, and assisted settlement efforts for international pharmaceutical equipment manufacturer in AAA arbitration
  • Assisted in multiple internal data breach response and investigations for national and regional healthcare companies

Employment & Labor

  • Represented and consulted with employers for various employment disputes, including under the Conscientious Employee Protection Act, in New Jersey state court proceedings

Pro Bono

  • Ongoing pro bono representation in multiple asylum cases, including of a Salvadoran family fleeing political persecution, Jamaican man fleeing gang violence, and an LGBT Saudi man, before the Second Circuit Court of Appeals, Executive Office of Immigration Review, U.S. Customs & Immigration Service, and state family court
  • Co-author with Judith Archer & Joe Hughes, "Is Invasion of Privacy an Appropriate Analogue for Data Breach Cases?," New York Law Journal, September 13, 2024
  • Co-author with Victoria Corder & Frank Joranko, "Who Holds the Power to Interpret Arbitration Agreements? SCOTUS Tests the Scope of  "Delegation" in Multi-Contract Cases, New York Law Journal, June 24, 2024
  • Co-author with Judith Archer & Joe Hughes, "Bohnak v. Marsh & McClennan: Mixing Standing and Damages in Data Breaches," New York Law Journal, May 22, 2024
  • Co-author with Victoria Corder, "Litigants in Second Circuit May Soon Be Entitled to Automatically Stay Arbitration Pending Appeal," New York Law Journal, April 13, 2023
  • Co-author with David Kessler, "Don't Jump to Aerospatiale: The Lessons of In Re Bard," ABA Conference: Interplay Between EU Data Protection and US Discovery, Bloomberg BNA, February 2018
  • "Expert Witnesses May (Still) Be Used in U.S. Litigation to Explain Basic Social Media Use," Norton Rose Fulbright Social Media Law Bulletin, May 31, 2017
  • "Facebook's California Choice-of-Law Provision Rules the Day," Norton Rose Fulbright Social Media Law Bulletin, March 2, 2017
  • "Defying Schengen Through Internal Border Controls: Acts of National Risk-taking or Violations of International Law at the Heart of Europe?," Georgetown Journal of International Law, Fall 2016
  • Member, American Bar Association
  • Member New York State Bar Association (Commercial & Federal Litigation Section)
  • Member, New York City Bar
  • Member, Pro Bono Leadership Council, City Bar Justice Center
  • Member Emeritus, American Inns of Court

Sean is also actively involved in the firm's pro bono, recruiting, and mentorship programs.  Prior to starting law school, Sean was a high school English teacher in Dallas as part of the Teach for America program.