Sean Kilian is a Counsel in the Dallas office of Locke Lord where he focuses his practice on labor and employment law and privacy and data security law. He has experience defending employers in litigation involving Title VII, FMLA, ADA, FLSA, wrongful termination, retaliation, and other employment-related claims. He is also a member of the firm’s California Consumer Privacy Act (CCPA) Initiative, and has experience advising on CCPA compliance and best practices for data privacy and security. He provides counseling and advice on a variety of matters, including:
- Employee discipline and termination counseling;
- Counseling employers regarding classification of employees under FLSA and state minimum wage and overtime exemptions;
- Counseling employers regarding employee leaves of absence and related FMLA, ADA, and USERRA issues;
- Advising employers regarding reductions in force, exit incentive programs, other termination programs, and WARN Act compliance;
- Advising employers on the scope and enforceability of non-competition agreements, non-solicitation agreements, and other restrictive covenants.
Sean is a Certified Information Privacy Professional (CIPP/US) with the International Association of Privacy Professionals, and he counsels employers regarding workplace privacy issues, such as collection, use, retention, and destruction of employee data. Sean regularly assists employers in developing and drafting employment policies and employee handbooks (including privacy-related policies such as BYOD and remote wiping), and drafts and negotiates employment agreements, consulting agreements, non-competition and non-solicitation agreements, and separation/severance agreements.
Sean also has experience defending educational institutions against claims of discrimination by students.
In the transactional context, Sean has experience advising on I-9 compliance, auditing I-9 files and wage and hour classifications, and analyzing enforceability of non-competition and non-solicitation agreements.
Sean also has experience counseling places of public accommodation regarding compliance with ADA and state law standards for accessible design.
Sean also has experience in general business litigation and dispute resolution, including defending negligence and premises liability claims against a business arising from a forklift accident, and defending a third-party defendant healthcare company against claims for contribution on wrongful death and negligence claims.
- Defended professional healthcare school and obtained 12(b)(6) dismissal of discrimination and related tort claims
- Defended aerospace manufacturing company and obtaind dismissal of EEOC charges of discrimination, harassment, and retaliation
- Counseled a real estate company regarding retention of employee records during creation and implementation of its global document retention program
- Representation of software company in a dispute with a former employee over payment of bonus and commission
- Representation of employers in negotiation of employee leasing agreements and advice on related state licensure requirements
- Defended healthcare services company and obtained summary judgment in case for breach of non-competition agreement and related claims
- Defended multiple oilfield services companies in FLSA collective action and related state law claims
- Represented manufacturing company in enforcing restrictive covenants
- Defended oilfield services company in case in claims involving application of state minimum wage law and obtained summary judgment
- Advised an aerospace company in connection with an employee anti-recording policy
- Part of a team of Locke Lord attorneys who drafted employment agreements with post-employment restrictive covenants covering employees in thirteen states
- Part of a team of Locke Lord attorneys defending claims for breach of contract, defamation, and civil rights violations asserted against university
- Representation of oilfield services company in connection with action for wrongful termination under the OSHA
- Representation of healthcare technology company in connection with claim for tortious interference with non-competition agreement
- Representation of a private school in connection with FLSA action
- Advised an airline in connection with its defense of an EEOC charge of discrimination
- Prepare post-arbitration brief in support of company position in union arbitration of employee grievance
- Associate, Locke Lord LLP
- Associate, Strecker & Associates, P.C., Tulsa, Okla. (2012-2014)
Professional Affiliations and Recognitions
- Member, State Bar of Texas
- Member, Oklahoma Bar Association
- Member, Dallas Bar Association
- Member, Dallas Association of Young Lawyers
- Member, DallasHR
- Certified Information Privacy Professional (CIPP/US), International Association of Privacy Professionals