Sean Gates


Founder and President

I am a trial lawyer who represents companies in commercial litigation and a former “big law” partner who decided to cut a different path. After 20 years with some of the leading national firms and a stint as a government enforcer, I founded Charis Lex to bring my brand of hands-on, principled advocacy to a wider range of businesses.

I’ve been fortunate to have a few folks say nice things about my work. I was described as a “talented litigator” with an “excellent attention to detail,” “who efficiently manages discovery with an eye toward summary judgment and trial” in Chambers USA. I was named an “Attorney of the Year” by California Lawyer. I have been listed among the Southern California Super Lawyers. I’ve been called a “real trial lawyer.”

Although I’ve tried cases involving a range of issues—such as stock option contracts, trade secrets, fraudulent conveyances, and patent infringement damages—I have a particular expertise in antitrust. I had the honor of serving as a deputy assistant director at the Federal Trade Commission, leading enforcement actions challenging anticompetitive conduct. While I was there, I was privileged to serve as trial counsel in a couple of high-profile actions. I received the Distinguished Service Award for my work at the FTC.

I take my craft seriously. Trial skills and substantive legal expertise don’t just happen. I am a graduate of the ABOTA Trial Academy. I served as an instructor in Mock Trial Advocacy at the Georgetown University Law Center. I regularly publish on substantive issues. In addition, I serve in the leadership of the ABA Section of Antitrust Law and have been a non-governmental advisor to the International Competition Network.

Prior Experience

  • Morrison & Foerster, Partner (2008-2016)
  • Federal Trade Commission, Deputy Assistant Director, Attorney (2004-08)
  • Munger, Tolles & Olson, Associate (1999-2004)
  • Gibson, Dunn & Crutcher, Associate (1996-98)

Clerkship

  • Ninth Circuit Court of Appeals, Clerk to Judges Wallace and Rymer (1998-99)

Non-Legal Employment

  • Project Engineer, Exxon U.S.A. (1990-92)
  • Development Engineer, Allied-Signal Aerospace (1989-90)
  • Infantry Officer/ Enlisted Aircrew Member, U.S. Army National Guard (1987-93)

Education

  • University of California, Hastings College of the Law (J.D., summa cum laude, 1996)
  • University of California, Berkeley (B.S., 1989)


Just a poor, wayfaring stranger.

I am a lawyer, happily married to my wife Andrea for nearly 25 years, and the father of four. Andrea and I (really Andrea) have homeschooled our children through high school. We live in the City of Glendale, just north of downtown Los Angeles.

Above all else, I am a Christian. That means something very different to different people. To me it means life; I have been redeemed from sin and despair through the atoning work of Jesus Christ, who is God of very God. I don’t deserve this. As an old hymn says, “I know not why God’s wondrous grace to me He hath made known, nor why, unworthy, Christ in love redeemed me for His own.” Accordingly, my desire is to walk in a manner worthy of this calling, leading a quiet life and reflecting His love.

What’s with the name? Charis is the Greek word for grace (χάriς). It is used in the New Testament to describe God’s unmerited favor toward His redeemed. Lex is the Latin word for law. The firm name is thus a reminder to live, and practice law, coram Deo—before the face of God.

Books

  • Co-Author, Antitrust Adviser (5th ed. 2016)
  • Editor-in-Chief, Handbook on Antitrust Aspects of Standard Setting (2d ed. 2011).
  • Editor-in-Chief, Intellectual Property and Antitrust Handbook (2007).
  • Chapter Author, Handbook on the Antitrust Aspects of Standards Setting (2004).

Law Reviews

  • Antitrust by Analogy: Developing Rules for Loyalty Rebates and Bundled Discounts, 79 Antitrust L. J. 99 (2013).
  • Evidence for Homeschooling: Constitutional Analysis in Light of Social Science Research, 16 Widener L. Rev. 63 (2010)
  • Standards, Innovation, and Antitrust: Integrating Innovation Concerns into the Analysis of Collaborative Standard Setting, 47 Emory L.J. 583 (1998).
  • California Antitrust: Standing Room for the Wrongfully Discharged Employee?, 47 Hastings L.J. 509 (1996).

Articles

  • What Is a RAND Licensing Rate? The Ninth Circuit Weighs In, The Licensing Journal (2015)
  • Will the Supreme Court Remove Brulotte’s Shadow Over Patent Licensing? The Intellectual Property Strategist (2015)
  • Defining “Reasonable” in RAND: A Bit of Common Sense, CPI Antitrust Chron. (2015)
  • Is the Customer Never Right? Bazaarvoice and Customer Testimony in Merger Litigation, Antitrust (2014)
  • Standard-Essential Patents and Antitrust: Of Fighting Ships and Frankenstein Monsters, CPI Antitrust Chron. (2013)
  • Brulotte’s Continuing Shadow Over Patent Licensing, Oxford J. of Intellectual Property Law & Practice (2009)
  • Qualcomm v. Broadcom: The Federal Circuit Weighs in on “Patent Ambushes,” Intellectual Property: Andrews Litigation Reporter (2009)
  • The DOJ Section 2 Report: It All Depends on Your Priors, Global Comp. Policy (2008)
  • Antitrust Counselor’s Guide to the Most-Favored-Nations Clauses, 10 Competition 54 (2001).