Sean A. Meluney

Partner

Sean has deep experience in both trial and appellate litigation throughout all of Delaware’s state and federal courts.

His practice includes the areas of corporate litigation, complex commercial litigation, business tort matters, and business litigation. He handles complex litigation matters ranging from breach of contract, breach of fiduciary duty, business divorce, partnership disputes, and securities fraud. Many of these matters are litigated in the internationally recognized Delaware Court of Chancery. Sean has been selected as a “Top Lawyer” for business and commercial law in annual surveys of members of the Delaware Bar Association and was recently appointed by the Delaware Supreme Court to serve on its Rules Committee.

Sean also represents employers and employees in expedited matters relating to enforcing restrictive covenants, trade secrets, and contractual non-competition provisions, as well as matters including wage and hour, harassment, discrimination, retaliation, breach of contract, unfair competition, and wrongful termination claims. Sean was Chair of the Delaware State Bar Association Labor and Employment Section in 2020.

Before entering private practice, Sean served as the judicial law clerk to Former President Judge James T. Vaughn, Jr. (current Delaware Supreme Court Justice). He remains actively involved in the Delaware State Bar Association and the Rodney Inn of Court.

Sean grew up in Sussex County, Delaware and resides in Lewes with his wife and two daughters. He was a defenseman for his college lacrosse team and continues to play and is an avid fan.

Widener University School of Law, 2010, J.D.
- Widener University Outstanding Student Service Award 2009-2010
- Widener University Journal of Law, Economics & Race Outstanding Board Member Award
- Co-Editor in Chief, Widener University Journal of Law, Economics & Race
Binghamton University, 2006, B.S.
- Varsity Lacrosse Team
- All America East 1st Team All Conference
- Academic All Conference
- Supreme Court Rules Committee
- Delaware State Bar Association
- Past Chair, Labor & Employment Section
- Multicultural Judges & Lawyers Subcommittee on Diversity, Equity & Inclusion
- Corporation Law Section
- Commercial Law Section
- Richard S. Rodney Inn of Court (2016-present)
- Delaware, 2010
- Pennsylvania, 2014

Recognitions

Selected as “Top Lawyer” in Business Law, Delaware Today 2023 and Business and Commercial Law, Delaware Today, 2020, 2021, 2022

Representative Matters

Successfully defended board members of a cannabis company in Delaware Chancery Court. Plaintiff filed a twenty-four-count complaint, averring claims for derivative breach of fiduciary duty, Section 18-110 (board challenge), fraud, and breach of contract. Most of the claims were dismissed on a Rule 12 motion, while the remaining allegations were dismissed through terminating sanctions based on discovery misconduct.
Represented a former-Executive VP in a commercial dispute in Delaware Chancery Court over the vesting of incentive units, arguing and winning an opposition to a motion to dismiss.
Trial counsel in a defense verdict in a multi-day bench trial in the Court of Chancery involving multi-million dollar claims of usurpation of corporate opportunities, and successfully secured the immediate dissolution of the company.
Successfully argued before the Delaware Supreme Court in matter relating to claims of breach of fiduciary duty and dissolution.
Represented high-ranking officers of one of the nation’s leading food manufacturers and earned dismissal of a Caremark claim seeking millions in damages in Delaware Bankruptcy Court.
Represented the board of directors of a local country club in the Court of Chancery, winning dismissal of shareholder derivative complaint alleging claims of breach of fiduciary duty and seeking the appointment of a receiver.
Won dismissal of a class action product liability case on behalf of a publicly traded company in the Southern District of New York.
Won a preliminary injunction in Delaware Bankruptcy Court to block a creditor from pursuing claims that belonged to the debtors and which threatened its estate.
Successfully defended against a motion to dismiss and motion for summary judgment in a plaintiff-sided securities fraud case, on behalf of a high-ranking employee that received stock options as part of employment agreement.
Won a $900,000 judgment in breach of contract and fraud action in Delaware’s Complex Commercial Litigation Division (“CCLD”) on behalf of business consulting and technology services company.
Defeated a dispositive motion in a case that created law relating to the liability of a real estate appraiser for professional negligence.
Counsel for investors seeking to recover from a company based on allegations of mishandling funds related to the production of a movie. Matter settled right before opening statements for $895,000.
Trial counsel at a three-week trade secrets preliminary injunction hearing.
Second chair at a two-week jury trial in CCLD over the improper construction and installation of a complex food processing system, which led to a verdict for his client.
On litigation team that won summary judgment in a whistleblower lawsuit brought against a charter school for purportedly covering up allegations of student misconduct.
Won motions to dismiss and summary judgments based on the application of the Delaware Tort Claims Act on behalf of various Delaware school districts.
Won summary judgment in a matter of first impression premised on negligent abatement of lead paint and the accrual of statute of limitations in negligent procurement of an insurance policy.
On litigation team that won a 8 Del. C. § 225 action invalidating the improper election, and requiring the immediate removal, of a corporation’s board of directors.