SEAN R. FLANAGAN
Senior Associate
(212) 808-7584 (212) 808-7584
SEAN R. FLANAGAN Senior Associate

Sean Flanagan is a senior associate in the firm’s New York office. He focuses his practice on all aspects of complex commercial litigation, mediation and arbitration for financial institutions; life insurance companies, corporate officers and directors in internal investigations; and Fortune 500 companies in complex commercial litigations in state and federal district courts and bankruptcy courts.

Commercial Litigation

Member of the litigation team that successfully represented a national testing laboratory at the New York Court of Appeals, which answered two certified questions from the Second Circuit Court of Appeals concerning whether a duty of care was owed and whether a fraud claim was stated in favor of the laboratory.

Member of litigation team for JPMorgan Chase that prosecuted claims for approximately $1.2 billion against 11 insurance companies concerning surety bonds written in connection with transactions that the bank entered into with Enron Corp. in the United States District Court for the Southern District of New York and obtained a favorable settlement.

Member of litigation team for JPMorgan Chase defending claims against the client in a class action lawsuit relating to commodities transactions related to Enron Corp. in the United States District Court for the Southern District of Texas and obtained a favorable settlement.

Member of litigation team representing national testing laboratory in its defense against claims for negligence in the collection and reporting of blood test results in New York and New Jersey federal and state courts.

Member of litigation team representing an airline company that obtained a favorable settlement in a class action lawsuit pending in the United States District Court for the Eastern District of New York.

Member of litigation team representing a telephone company that successfully obtained a dismissal of a RICO lawsuit in the United States District Court for the Northern District of Illinois.

Co-led a litigation team representing a furniture wholesaler that prosecuted claims for approximately $1 million against a vendor for breach of contract in the United States District Court for the Southern District of New York and obtained a favorable settlement.

Member of mediation team representing a financial services company before FINRA that obtained a favorable settlement with the claimant investor who alleged that the client had sold her unsuitable investments.

Co-led a litigation team in representing a foreign music company in successfully enforcing its foreign judgment in New York State.

Life Insurance Litigation

Member of litigation team representing national life insurance company in multiple matters concerning stranger oriented life insurance (STOLI) and life settlement transactions under New York and New Jersey law.

Member of litigation team representing life insurance clients in actions concerning claims to policy proceeds based upon non-payment of premiums, fraud, material misrepresentation, and lack of insurable interest.

Member of trial team representing a life insurance company that obtained pre-discovery summary judgment rescinding a policy for breach of a condition precedent.  The decision was affirmed on two motions for renewal and/or reargument and on appeal by the New York Appellate Division, Second Department.

Member of trial team representing life insurance company that obtained summary judgment dismissing plaintiff’s claims that the policy should not have lapsed because defendant’s lapse notices were defective.

Bankruptcy and Restructuring Litigation

Member of litigation team for JPMorgan Chase in various avoidance actions relating to the Enron Corp. bankruptcy in the United States Bankruptcy Court for the Southern District of New York and obtained favorable settlements.

Member of litigation team representing a liquidating trustee of an electronics retailer in numerous bankruptcy avoidance actions pending in the United States Bankruptcy Court for the Eastern District of Virginia – Richmond and obtained favorable settlements.

Member of litigation team representing creditors of a title company, that entered bankruptcy, in prosecuting their claims to obtain the return of funds held by the debtor in escrow as part of 1039 Exchanges in the United States Bankruptcy Court for the Eastern District of Virginia – Richmond and obtained favorable settlements.

Member of litigation team representing the Official Committee of Unsecured Creditors in prosecuting the Committee’s claim to a $3 million tax refund being held, in escrow, by debtor in the United States Bankruptcy Court for the District of Massachusetts and obtained a favorable settlement.

Member of litigation team representing JPMorgan Chase which successfully obtained a dismissal of claims brought by the Official Committee of Unsecured Creditors in its attempt to re-claim a $1.5 billion repayment of a secured loan made to the client in connection with the General Motors bankruptcy currently pending in the United States Bankruptcy Court for the Southern District of New York.

Co-led litigation team in representation of a life insurance company in defense of two New Jersey State actions brought by creditors of companies that were defunct and successfully obtained dismissal of the claims.

Real Estate Litigation

Co-led mediation team in the representation of a commercial real estate company that obtained a favorable settlement against the seller of commercial property.

Member of trial team representing a commercial tenant that obtained a favorable settlement with the client’s landlord concerning the early termination of a commercial lease.

Labor and Employment Litigation

Member of arbitration team representing a hedge fund in a dispute with a former employee that obtained a favorable decision after arbitration hearing.

Intellectual Property Litigation

Co-led trial team in the representation of an advertising analytics start-up in defense of a patent infringement claim in the United States District Court for the Eastern District of Virginia – Norfolk.

Trust Litigation

Member of litigation team representing a trust company that received a favorable settlement against the New York State Tax Department.

Member of a litigation team representing a trust company that received a favorable settlement in a dispute with a guardian ad litem.

White Collar Crime and Investigations

Assisted in the representation of Officers and Directors in internal investigation of publicly traded company concerning accounting issues.

Assisted in the representation of a former Chief Financial Officer of a publicly traded company in an internal investigation concerning accounting issues.

Member of criminal defense team in which the government dropped the charges against our client in a death-eligible case.

Pro Bono

Sean has worked on several pro bono matters, including representing domestic violence victims in order of protection, child custody, and uncontested divorce matters and co-leading a legal team that successfully represented a refugee from Russia who sought asylum.

Sean received the inMotion Commitment to Justice Legal Team Award in 2010.

No aspect of this advertisement has been approved by the Supreme Court of New Jersey.

Federal Bar Council, Bankruptcy Litigation Committee

American Bar Association

New York State Bar Association

About

Sean Flanagan is a senior associate in the firm’s New York office. He focuses his practice on all aspects of complex commercial litigation, mediation and arbitration for financial institutions; life insurance companies, corporate officers and directors in internal investigations; and Fortune 500 companies in complex commercial litigations in state and federal district courts and bankruptcy courts.

Experience

Commercial Litigation

Member of the litigation team that successfully represented a national testing laboratory at the New York Court of Appeals, which answered two certified questions from the Second Circuit Court of Appeals concerning whether a duty of care was owed and whether a fraud claim was stated in favor of the laboratory.

Member of litigation team for JPMorgan Chase that prosecuted claims for approximately $1.2 billion against 11 insurance companies concerning surety bonds written in connection with transactions that the bank entered into with Enron Corp. in the United States District Court for the Southern District of New York and obtained a favorable settlement.

Member of litigation team for JPMorgan Chase defending claims against the client in a class action lawsuit relating to commodities transactions related to Enron Corp. in the United States District Court for the Southern District of Texas and obtained a favorable settlement.

Member of litigation team representing national testing laboratory in its defense against claims for negligence in the collection and reporting of blood test results in New York and New Jersey federal and state courts.

Member of litigation team representing an airline company that obtained a favorable settlement in a class action lawsuit pending in the United States District Court for the Eastern District of New York.

Member of litigation team representing a telephone company that successfully obtained a dismissal of a RICO lawsuit in the United States District Court for the Northern District of Illinois.

Co-led a litigation team representing a furniture wholesaler that prosecuted claims for approximately $1 million against a vendor for breach of contract in the United States District Court for the Southern District of New York and obtained a favorable settlement.

Member of mediation team representing a financial services company before FINRA that obtained a favorable settlement with the claimant investor who alleged that the client had sold her unsuitable investments.

Co-led a litigation team in representing a foreign music company in successfully enforcing its foreign judgment in New York State.

Life Insurance Litigation

Member of litigation team representing national life insurance company in multiple matters concerning stranger oriented life insurance (STOLI) and life settlement transactions under New York and New Jersey law.

Member of litigation team representing life insurance clients in actions concerning claims to policy proceeds based upon non-payment of premiums, fraud, material misrepresentation, and lack of insurable interest.

Member of trial team representing a life insurance company that obtained pre-discovery summary judgment rescinding a policy for breach of a condition precedent.  The decision was affirmed on two motions for renewal and/or reargument and on appeal by the New York Appellate Division, Second Department.

Member of trial team representing life insurance company that obtained summary judgment dismissing plaintiff’s claims that the policy should not have lapsed because defendant’s lapse notices were defective.

Bankruptcy and Restructuring Litigation

Member of litigation team for JPMorgan Chase in various avoidance actions relating to the Enron Corp. bankruptcy in the United States Bankruptcy Court for the Southern District of New York and obtained favorable settlements.

Member of litigation team representing a liquidating trustee of an electronics retailer in numerous bankruptcy avoidance actions pending in the United States Bankruptcy Court for the Eastern District of Virginia – Richmond and obtained favorable settlements.

Member of litigation team representing creditors of a title company, that entered bankruptcy, in prosecuting their claims to obtain the return of funds held by the debtor in escrow as part of 1039 Exchanges in the United States Bankruptcy Court for the Eastern District of Virginia – Richmond and obtained favorable settlements.

Member of litigation team representing the Official Committee of Unsecured Creditors in prosecuting the Committee’s claim to a $3 million tax refund being held, in escrow, by debtor in the United States Bankruptcy Court for the District of Massachusetts and obtained a favorable settlement.

Member of litigation team representing JPMorgan Chase which successfully obtained a dismissal of claims brought by the Official Committee of Unsecured Creditors in its attempt to re-claim a $1.5 billion repayment of a secured loan made to the client in connection with the General Motors bankruptcy currently pending in the United States Bankruptcy Court for the Southern District of New York.

Co-led litigation team in representation of a life insurance company in defense of two New Jersey State actions brought by creditors of companies that were defunct and successfully obtained dismissal of the claims.

Real Estate Litigation

Co-led mediation team in the representation of a commercial real estate company that obtained a favorable settlement against the seller of commercial property.

Member of trial team representing a commercial tenant that obtained a favorable settlement with the client’s landlord concerning the early termination of a commercial lease.

Labor and Employment Litigation

Member of arbitration team representing a hedge fund in a dispute with a former employee that obtained a favorable decision after arbitration hearing.

Intellectual Property Litigation

Co-led trial team in the representation of an advertising analytics start-up in defense of a patent infringement claim in the United States District Court for the Eastern District of Virginia – Norfolk.

Trust Litigation

Member of litigation team representing a trust company that received a favorable settlement against the New York State Tax Department.

Member of a litigation team representing a trust company that received a favorable settlement in a dispute with a guardian ad litem.

White Collar Crime and Investigations

Assisted in the representation of Officers and Directors in internal investigation of publicly traded company concerning accounting issues.

Assisted in the representation of a former Chief Financial Officer of a publicly traded company in an internal investigation concerning accounting issues.

Member of criminal defense team in which the government dropped the charges against our client in a death-eligible case.

Pro Bono

Sean has worked on several pro bono matters, including representing domestic violence victims in order of protection, child custody, and uncontested divorce matters and co-leading a legal team that successfully represented a refugee from Russia who sought asylum.

Honors

Sean received the inMotion Commitment to Justice Legal Team Award in 2010.

No aspect of this advertisement has been approved by the Supreme Court of New Jersey.

Memberships

Federal Bar Council, Bankruptcy Litigation Committee

American Bar Association

New York State Bar Association

Practices