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Sean T. Foley

Sean Foley is a trial and appellate litigator in the Mass and Toxic Tort Department. Mr. Foley works with clients in a diverse range of industries in complex and high-stakes litigation. His practice includes litigation of tort matters relating to personal injury, premises liability, product liability, and tortious interference litigation, as well as complex commercial litigation, class action claims, and data security and data breach litigation. Mr. Foley also assists clients with alleged criminal law violations and internal investigations.

Mr. Foley joined Lathrop Gage following a clerkship with the Honorable Roberto A. Lange of the United States District Court for the District of South Dakota. Mr. Foley worked with Judge Lange on a large docket of civil and criminal cases and assisted with numerous jury trials covering a wide range of issues. Mr. Foley gained experience in Federal Indian law and now assists clients with Indian law issues.

Mr. Foley attended the University of Kansas School of Law, he graduated in the top 5% of his class. He also received the Walter Hiersteiner Outstanding Service Award that is given to the graduate whose service to his or her fellow students demonstrates the greatest promise for contribution to the legal profession and society. During law school, Mr. Foley interned with the Hon. Robert M. Schieber of the Sixteenth Judicial Circuit Court of Jackson County, Missouri, the Criminal Division of the United States Attorney’s Office for the District of Kansas.  

While at Truman State University, Mr. Foley was a three-year captain of the university's nationally ranked rugby team and was a two-time selection to represent the United States in competitions abroad as a member of the United States Collegiate All-American Rugby team. Outside of work, he is involved in numerous civic and community endeavors, lives in Kansas City with his wife and two dogs, and enjoys fly-fishing and spending time with friends and family.

Representative Experience: 

  • Successfully represented a major equipment manufacturer in a large breach of warranty matter involving an Original Engineering Manufacturer (OEM), incorporating the client’s engines in their heating equipment. Lathrop Gage conducted a thorough investigation, aggressive briefing on motions to dismiss, and a mediation resulting in a favorable settlement. 

  • Successfully represented of one of the largest tertiary care hospitals in the Kansas City, Missouri region in a class action litigation alleging improper disclosure of Protected Health Information. Originally contested that venue in Jackson County was improper, and that Cole County was the proper venue. After a hearing with the court, plaintiff conceded that Cole County was the proper venue, and consented to the case’s transfer. Presented the Cole County court with a motion for summary judgment, arguing that the disclosure of Protected Health Information was proper under HIPAA because the client had an appropriate Business Associate Agreement, and the disclosure was authorized under HIPAA. After a hearing on the motion, the court granted the summary judgment motion. The effort was a great collaboration between litigators and health care lawyers, and a terrific win for the client.     

  • Led investigation into an alleged personal injury incident at a large, family-owned livestock operation as part of a cross functional team that produced a confidential settlement following a successful mediation. In addition, secured coverage from insurance company resulting in full coverage of settlement cost and all defense costs.
  • Representing a manufacturing company in a large, bet the company litigation involving claims of tortious interference with contract, breach of contract and intellectual property claims case against a former distributor of its products.

Court Memberships

  • Kansas
  • Missouri
  • U.S. Court of Appeals for the Eighth Circuit
  • U.S. District Court for the District of Kansas
  • U.S. District Court for the Western District of Missouri

Honors

  • Order of the Coif
  • Walter Hiersteiner Outstanding Service Award Recipient, 2012
  • Kansas Law Review, Staff Member and Associate Editor, 2010-2012
  • Moot Court Council, 2011-2012
  • Dean’s Fellow, 2011-2012
  • Best Brief Award, Tulane Mardi Gras National Sports Law Moot Court Competition, 2012
  • Best Brief Award, Kansas Law School In-House Moot Court Competition, 2011
  • Board of Governors Public Interest Fellowship, 2010
  • CALI Awards: Civil Procedure, Employment Law

Professional Affiliations

  • ImpactKC
  • Kansas City Metropolitan Bar Association
  • KIPP Endeavor Academy; Board of Directors, 2016-Present
  • Optimus Youth (OY); Co-Founder and Board Member, 2006-2016
  • United Way Young Leaders Society
  • University of Kansas Alumni Association
  • University of Kansas School of Law Mentor Program

Publications

  • The Newly Murky World of Searches Incident to Lawful Arrest: Why the Gant Restrictions Should Apply to All Searches Incident to Arrest, 61 U. KAN. L. REV. 753 (2012).
  • RLUIPA’s Equal Terms Provisions Troubling Definition of Equal: Why the Equal Terms Provision Must Be Interpreted Narrowly, 60 U. KAN. L. REV. 193 (2011).
Photo of Sean T. Foley
F: 816.292.2001

Assistant

Ronda Craig
816.460.5732

Education

University of Kansas School of Law, J.D., 2012

Truman State University, B.A., cum laude, 2006

Clerkship(s)

  • Law Clerk to the Honorable Roberto A. Lange, U.S. District Court for the District of South Dakota, 2012-2014