Kevin A. Seely
Kevin A. Seely devotes his practice to representing whistleblowers, shareholders, and consumers in complex qui tam, derivative, and class actions throughout the U.S. A tenacious trial lawyer with more than twenty years of litigation experience in both the public and private sectors, Mr. Seely has successfully prosecuted top corporate executives, high-ranking government officials, and corporate entities for a variety of wrongdoings, including theft of government services, bribery, embezzlement, and health care fraud.
Prior to joining Robbins Arroyo LLP in 2006, Mr. Seely prosecuted white-collar crimes and public corruption cases on behalf of the U.S. government as an Assistant U.S. Attorney for the Districts of Guam and Northern Mariana Islands. In that role, Mr. Seely successfully led teams to investigate, prosecute, and negotiate the resolution of numerous complex financial fraud cases, resulting in the restoration of public trust and the return of funds to various entity and individual victims. Mr. Seely also investigated and prosecuted civil fraud cases for the U.S. Attorney’s Office for the Southern District of California, resulting in the return of millions of dollars to the victims of complex accounting and contract fraud schemes. Before becoming a federal prosecutor, Mr. Seely was a partner at a prominent commercial litigation law firm in Guam.
Mr. Seely earned his Juris Doctor from Northwestern School of Law of Lewis & Clark College, where he served as associate editor of the Lewis & Clark Law Review. He graduated cum laude from the University of California, Irvine, where he was team captain of UCI’s nationally ranked men’s water polo team.
Selected Noteworthy Cases
- Alphatec Holdings, Inc., In re Alphatec Holdings, Inc., Derivative S’holder Litig., No. 37-2010-00058586-CU-BT-NC (Cal. Super. Ct.–San Diego Cnty. Aug. 21, 2014): Mr. Seely served as plaintiff’s co-lead counsel in this shareholder derivative action on behalf of Alphatec Holdings, Inc., a medical technology company, to hold Alphatec’s fiduciaries responsible for their role in depleting shareholder equity as a result of Alphatec’s acquisition of Scient’x, a company that lacked foreseeable profitability and offered no significant benefit to Alphatec or its ongoing business operations. The complaint alleged the acquisition was initiated solely for the benefit of five Alphatec directors who were affiliated with the owner of Scient’x, and that shareholder approval was obtained through false and misleading statements. As a result of Mr. Seely’s efforts, several defendant directors and senior executives resigned from their positions, and Alphatec implemented reforms providing for director independence, greater review and oversight of related party transactions, and enhanced audit committee responsibilities regarding disclosure of company financial information.
- Computer Sciences Corporation, Bainto v. Laphen, Consolidated Case No. A-12-661695-C (Nev. Dist. Ct.-Clark Cnty. Nov. 6, 2013): Mr. Seely served as co-lead counsel for the Nevada plaintiffs in the consolidated shareholder derivative action on behalf of the information technology and professional services company, Computer Sciences Corporation (CSC). Plaintiffs alleged certain members of the company’s senior management and board of directors breached their fiduciary duties by allowing false and misleading statements regarding the company’s $5.4 billion contract with the United Kingdom’s National Health Service, the adequacy of CSC’s internal controls over financial reporting, and financial and accounting irregularities primarily related to CSC’s operations in Europe’s Nordic region. After lengthy discovery, Mr. Seely helped negotiate extensive corporate governance enhancements at the company, including personnel changes, the implementation of a Global Ethics & Compliance Program, and additional finance and administration training to strengthen accounting procedures and processes, among others.
- SciClone Pharmaceuticals, Inc., In re SciClone Pharms., Inc. S’holder Derivative Litig., Lead Case No. CIV 499030 (Dec. 13, 2011): Mr. Seely was instrumental in obtaining cutting edge corporate governance at SciClone Pharmaceuticals, Inc., a specialty pharmaceutical company, through shareholder derivative litigation following the company’s violations of the False Claims Practices Act (FCPA) for bribing Chinese officials for business. The settlement terms, praised by the Honorable Marie S. Weiner as “the most detailed and extensive corporate governance changes I’ve seen in a derivative settlement,” established consequences to employees for violations of the FCPA or other criminal misconduct, created the position of compliance coordinator and a compliance program and code, instituted a due diligence process pertaining to the hiring of all foreign agents and distributors and demanded employee compliance training, established policies for disclosure and clawback of incentive-based compensation for officers in the event of a material restatement of the company’s financial statements, and modified the company’s whistleblower programs.
- ArthroCare Corporation, In re ArthroCare Corporation Derivative Litig., Case No. D-1-GN-08-003484; Weil v. Baker, Case No. 08-CA-00787-SS (Dec. 8, 2011): Mr. Seely served as co-lead counsel to shareholders in a consolidated derivative action on behalf of medical device company ArthroCare Corporation against certain of its officers and directors arising from accounting improprieties, wrongful insurance practices, and lack of healthcare regulatory compliance, which resulted in the need for the company to restate its financials. Mr. Seely’s efforts resulted in a substantial monetary recovery for the company, as well as the implementation of enhanced internal controls and corporate governance reforms designed to curtail future corporate misconduct and to strengthen the company.