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Sean Whyte
Of Counsel
Overview
Sean Whyte crafts both practical and creative solutions so his clients can successfully resolve business litigation. He focuses his practice on class actions and business litigation matters that often involves emerging technologies and uncertain regulatory frameworks.
Sean regularly represents companies in blockchain, cannabis, compostable products, and de-fi fintech where successful approaches were taken to state and federal regulations involving the Securities and Exchange Commission, Food and Drug Administration, Department of Energy, and the Federal Trade Commission. He has taken numerous cases to trial in both state and federal court, including cases involving patents, product liability, and business disputes. Sean has represented companies in financial services, energy, transportation, manufacturing, retail, and health care industries.
Sean has built significant experience in handling matters related to blockchain technology, advising companies based on insights from years of experience working with individual blockchains, cryptocurrency exchanges, and companies building businesses with utilizing the technology. He formerly served as chief operating officer and general counsel of a blockchain software development company and remains on the cutting edge of distributed ledger technology through his industry connections.
Credentials
Education
- The University of Texas School of Law, 2004 (J.D.)
- Bowling Green State University, 1996 (M.A.), summa cum laude
- West Virginia University, 1994 (B.A.), magna cum laude
Court Admissions
- U.S. District Court for the Northern District of Texas
- U.S. District Court for the Southern District of Texas
- U.S. District Court for the Western District of Texas
- U.S. District Court for the Eastern District of Texas
- U.S. Court of Appeals for the Fifth Circuit
- Defended a manufacturer of resealable bags and compostable products against threatened California class action alleging violation of state labeling laws and other consumer protection laws, such as the California Consumers Legal Remedies Act (CLRA).
- Obtained dismissal of a nationwide class action pending in the Northern District of California alleging violations of the federal Food, Drug, and Cosmetics Act related a company’s hemp-based products.
- Defended a company threatened with a Wisconsin state class action alleging violations of the federal Food, Drug, and Cosmetics Act related to the company’s hemp-based products and prevented a case from ever being filed with no payments to purported plaintiff.
- Defended a company threatened with a California state class action alleging violations of the federal Food, Drug, and Cosmetics Act related to the company’s hemp-based products and prevented a case from ever being filed with no payments to purported plaintiff.
- Defended a company in a nationwide class action pending in the Central District of California alleging violations of the federal Food, Drug, and Cosmetics Act related to the company’s hemp-based products. Plaintiff voluntarily dismissed its class action complaint the day after client filed its motion to dismiss.
- Defeated class certification in a proposed nationwide class action alleging violations of the Credit Repair Organizations Act. The case was resolved by a nationwide class action settlement following the denial of class certification.
- Advised a company regarding the Telephone Consumer Protection Act (TCPA) and its likelihood of success regarding class action defense.
- After years of litigation, helped client reach a mutually agreeable settlement in a privacy lawsuit in Miami federal court. The lawsuit alleged that the defendants violated the federal Driver Privacy Protection Act (DPPA), which regulates how personal information derived from motor vehicle records in state DMVs can and cannot be used.
- Defeated class certification in a proposed Illinois class action alleging violations of the Illinois Consumer Fraud and Deceptive Business Practices Act. Also successfully opposed a petition to the Seventh Circuit for interlocutory review of the class certification ruling.
- Defeated class certification in a proposed nationwide class action of approximately 14 million internet consumers seeking in excess of $500 million for alleged violations of the Credit Repair Organizations Act.
- Obtained summary judgement for client in a proposed nationwide class action involving a legal issue of first impression: whether the Fair Credit Reporting Act requires credit reporting agencies to obtain and report credit information from credit grantors who do not choose to submit such credit information.
- Represented company based in the United Kingdom regarding regulations for a distributed ledger-based (blockchain) securities exchange.
- Represented multiple investors in blockchain regarding allegations of fraud.
- Represented owners of a blockchain software company in business dispute with the other owners resulting in litigation to dissolve the company.
- Represented owners of a logistics company in business dispute with the other owners resulting in litigation to dissolve the company.
- Represented investor in highly complex financial services business exposing fraudulent transfers of money in state court litigation.