Sean C. McPhee

Partner Buffalo, New York City

Sean is a detail-oriented litigator with nearly two decades of experience representing clients at all stages of litigation—from commencement through appeal, as well as judgment enforcement proceedings.

Sean focuses on civil litigation, primarily in the area of commercial litigation. His practice includes litigating business and real estate disputes, lender liability, business torts and class actions. He also has significant experience with judgment enforcement proceedings in both federal and state courts. Between 2011 and 2012, Sean was a secondee in the General Counsel’s Office of HSBC Bank USA, N.A. where he directly handled or managed numerous litigations across the country. He was also involved in regulatory compliance matters and government investigations.

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Honors & Awards

  • Listed in The Best Lawyers in America®
  • Selected for the Upstate New York Super Lawyers® list, 2018-2023
  • Named Upstate New York Super Lawyers® Rising Star, 2013-2017
  • Business First of Buffalo 40 Under Forty Award, 2011
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Education & Admissions

Education
  • State University of New York at Buffalo Law School, J.D., magna cum laude, 2005
  • State University of New York at Buffalo School of Management, M.B.A., 2005
  • State University of New York at Buffalo, B.S., 2000
Admitted to Practice
  • New York
  • Florida
  • District of Columbia
  • U.S. District Court, Eastern, Northern, Southern and Western Districts of New York
  • U.S. Bankruptcy Court, Western District of New York
  • U.S. Court of Appeals, Second and Fourth Circuits
  • U.S. Supreme Court

Experience

Representative Cases
  • HSBC Bank USA, N.A. v. Tabolsi, __ A.D.3d __, 2024 WL 1749582, 2024 N.Y. Slip. Op. 02179 (2d Dep’t April 24, 2024)
  • HSBC Bank USA, N.A. v. Spitz, 201 A.D.3d 108, 156 N.Y.S.3d 867 (2d Dep’t 2022)
  • HSBC Bank USA, N.A., v. Shah, 185 A.D.3d 794, 128 N.Y.S.3d 32 (2d Dep’t 2020)
  • Southwestern Investors Group LLC v. Turco, 169 A.D.3d 1510, 93 N.Y.S.3d 775 (4th Dep’t 2019)
  • Deutsche Bank Nat’l Trust Co. v. Vu, 167 A.D.3d 844, 2018 N.Y. Slip Op. 08629 (2d Dep’t 2018)
  • Harrison v. Republic of Sudan, No.13-CV-3127 (PKC), 2017 WL 946422 (S.D.N.Y. Feb. 10, 2017)
  • Scarola v. Verizon Communications, Inc., 146 A.D.3d 692, 45 N.Y.S.3d 464, 2017 WL 366246 (1st Dep’t 2017)
  • Sutherland Global Serves., Inc. v. Adam Techs. Int’l, SA de C.V., No. 12-CV-6439, 2014 WL 5482708 (W.D.N.Y. Oct. 29, 2014), aff’d, 639 Fed. App’x 697 (2d Cir. Feb. 9, 2016).
  • Miller v. HSBC Bank USA, N.A., No. 13 Civ. 7500, 2015 WL 585589 (S.D.N.Y. Feb. 11, 2015)
  • Estate of Heiser v. HSBC Bank USA, N.A., Nos. 11-CV-1607(KBF), 11-CV-1610(KBF), 2014 WL 6468977 (S.D.N.Y. Nov. 18, 2014)
  • Traina v. HSBC Mortg. Servs., Inc., No. 13 CV 2336(SJF)(GRB), 2013 WL 6576856 (E.D.N.Y. Dec. 12, 2013)
  • Abraham v. Am. Home Mortg. Servicing, Inc., 947 F. Supp. 2d 222 (E.D.N.Y. 2013)
  • Peery v. United Capital Corp., 84 A.D.3d 1201, 924 N.Y.S.2d 470 (2d Dep’t 2011)
  • Ng v. HSBC Mortg. Corp., No. 07-CV-5434 (RMM)(VVP), 2011 WL 3511296 (E.D.N.Y. Aug. 10, 2011), modified, 2014 WL 4699648 (E.D.N.Y. Sept. 22, 2014)
  • Ng v. HSBC Mortg. Corp., No. 07-CV-5434 (RMM)(VVP), 2010 WL 1292259 (E.D.N.Y. Apr. 5, 2010)
  • Ng v. HSBC Mortg. Corp., No. 07-CV-5434 (RMM)(VVP), 2010 WL 889256 (E.D.N.Y. Mar. 10, 2010)
  • Ng v. HSBC Mortg.Corp., 262 F.R.D. 135 (E.D.N.Y. 2009)
  • Ng v. HSBC Mortg. Corp., No. 07-CV-5434 (RMM)(VVP), 2009 WL 205048 (E.D.N.Y. Jan. 27, 2009)
  • Ng v. HSBC Mortg. Corp., No. 07-CV-5434 (RMM)(VVP), 2008 WL 5274272 (E.D.N.Y. Dec, 18, 2008)
  • Schafler v. HSBC Bank USA, Civ. Action No. AW-09-1758, 2009 WL 3398887 (D. Md. Oct. 19, 2009), aff’d, 381 F. App’x 282 (4th Cir. 2010)
  • Ryder Truck Rental, Inc. v. Swish Maint. Ltd., No. 6:09-CV-842, 2009 WL 3381678 (N.D.N.Y. Oct. 16, 2009)
  • Barnhard v. Cybex Int’l, Inc., 55 A.D.3d 1348, 864 N.Y.S.2d 378 (4th Dep’t 2008)
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Speaking Engagements

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  • Panelist, “Payments and Sanctions Law – The Intersection of UCC 4a, OFAC Requirements, and Attempts to Garnish Blocked Funds Under Trial,” ABA Webinar, June 2018
  • Panelist, “Payments and Sanctions Law: The Intersection of UCC 4A, OFAC Requirements, and Attachment Attempts,” CLE Program, American Bar Association Business Law Section, April 2018
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Activities & Professional Associations

Present Activities

  • Co-Author of “Western District Case Notes,” Column published in the Bar Association of Erie County’s Publication, Bulletin, and The Daily Record
  • The Buffalo Club, Legal Committee
  • New York State Bar Association Committee on Civil Practice Law and Rules
  • United States District Court for the Western District of New York Local Rules Committee
  • Erie County Sheriff’s 21st Century Foundation, Board of Directors

Past Activities

  • The Buffalo Club, Board of Directors (Secretary), Legal Committee (Chair), House Committee, Admissions Committee
  • Canisius High School Alumni Association, Former Vice President, Board of Governors
  • Medaille College, Adjunct Professor of Business Law
  • State University of New York at Buffalo School of Management, Graduate Teaching Assistant
  • Phillips Lytle LLP United Way Campaign, Coordinator
  • Hospice Buffalo, Summer Affair Planning Committee, Member

Professional Associations

  • American Bar Association
    • Litigation Section
  • Bar Association of Erie County
    • Admission to the Bar Committee, Former Chair
    • Commercial Litigation and Bankruptcy Law Committee
    • Federal Practice Committee
  • New York State Bar Association
    • Torts, Insurance and Compensation Law Section
    • Trial Lawyers Section
    • Committee on Civil Practice Law and Rules
  • Western New York Trial Lawyers Association

Articles & Publications

Articles

  • Co-Author, “Western District Case Notes,” The Daily Record, April 2016-Present