Sean joined Arent Fox in 2012 and counsels clients on both regulatory compliance and complex litigation matters. Sean provides advice and counseling as well as litigation services with respect to commercial payer disputes and numerous issues that arise for group health plans and medical providers under ERISA, FEHB, ACA, Medicare, Medicaid, and various state laws. He also has experience with issues arising under the Medicare Secondary Payer Act. Sean also counsels health care providers on creating and implementing compliance programs, and managing ongoing risks in the face of ever changing regulatory schemes at the state and federal levels. Sean’s experience also includes significant work advising clients on internal investigations related to the False Claims Act and often implicating the Stark Law and the Anti-Kickback Statute. As part of his practice, Sean helps health care clients respond to government subpoenas and address related compliance issues.
In addition to his focus on the health care industry, Sean also litigates a wide variety of other disputes in the areas of government contracts, employment discrimination, securities, OSHA, and construction, among others.
Sean played a significant role in an appeal before the Fifth Circuit regarding a number of substantive matters of first impression, including whether the statute of limitations bars OSHA from enforcing alleged Process Safety Management violations for Process Hazard Analysis and audit findings against a current employer where its predecessor conducted the Process Hazard Analyses and audits years prior to its ownership.
No matter the subject area, Sean focuses on understanding each client’s business objectives, and works hard to further them.
Prior to joining Arent Fox, Sean served as a federal law clerk to The Honorable Theresa L. Springmann, a Federal District Court Judge in the Northern District of Indiana. He also served as a judicial intern to the Honorable Judge James S. Kirsch of the Indiana Court of Appeals during law school.
Publications, Presentations & Recognitions
While in law school, Sean was an Articles Editor for The George Mason Law Review. He published an award-winning article titled “Timing is of the Essence: Reviving the Neutral Law of General Applicability Standard and Applying it to Restrictions Against Religious Face Coverings Worn While Testifying in Court” 18 Geo. Mason. L. Rev. 1013 (2011). The article received awards as the Best Student Article at George Mason in 2011 and a 2012 National Burton Award for Distinguished Legal Writing.
Sean has also coauthored the following articles:
- Caroline Turner English and Sean Clerget, “Medical Providers: How Not to State an ERISA Claim” (Oct. 13, 2015), available at http://www.lexology.com/library/detail.aspx?g=703ed1f1-f573-42df-bb77-a817e31ebd73
- Jacques Smith, Jamie Ravitz, and Sean Clerget, “DOJ Attorneys Disclose Health Care Enforcement Trends for 2016” (Mar. 17, 2016), available at http://www.lexology.com/library/detail.aspx?g=213d1f42-eefd-4f37-a1cb-0680cf70a053
- Kay Georgi and Sean Clerget, “A Partial Road-Map to the New (July 1, 2013) Iran Sanctions” (July 10, 2013), available at http://www.lexology.com/library/detail.aspx?g=57612407-c690-4269-9c35-408414e28145
Life Beyond the Law
Born and raised in the great state of Indiana, Sean is a loyal Indianapolis Colts and Indiana Pacers fan. He also enjoys making it back to his home state to attend the Indianapolis 500.
Sean spends his free time traveling, attending live sporting events, and serving as a mentor in the Big Brothers Big Sisters program.
Bar & Court Admissions
- Virginia Bar
- District of Columbia Bar
- US District Court, Eastern District of Virginia
- US District Court, Northern District of Indiana
- US District Court, Southern District of Indiana
- US Court of Appeals, 7th Circuit
George Mason University School of LawJD,magna cum laude; George Mason Law Review, Articles Editor, 2011-12,2012Wabash CollegeAB,Political Science, summa cum laude,2009