SEAN R. FLANAGAN
Senior Associate
(212) 808-7584 (212) 808-7584
SEAN R. FLANAGAN Senior Associate
Sean Flanagan 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.  He resolves sophisticated claims in state court and federal district and bankruptcy courts across the country.

Sean is dedicated to devising a path to resolution that makes business sense for his client.  With cases that range in value from millions to hundreds of millions of dollars in dispute, Sean strives to manage the risks associated with high-stakes claims.

By focusing on productive and cost-effective case management, Sean is appreciated for his streamlined and organized approach to dispute resolution, from inception through trial.  Clients and colleagues alike rely on Sean to execute their cases in the most strategic and effective way possible.

Commercial Litigation

Tried a bench trial and jury trial in the last year.

Member of the litigation team that successfully represented a national testing laboratory at the New York Court of Appeals and at 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.  Pasternack v. Laboratory Corporation of America Holdings, 807 F.3d 14 (2nd Cir. 2015).

Member of the 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.  Obtained a favorable settlement.

Member of the 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.  Obtained a favorable settlement.

Member of the litigation team representing a 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 the 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 the 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.  Obtained a favorable settlement.

Member of the 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

Tried a case on behalf of a national life insurance company in New York Supreme Court in Rockland County, concerning the lapse of an $8 million policy.

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

Bankruptcy and Restructuring Litigation

Member of the 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.  Obtained favorable settlements.

Member of the 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.  Obtained favorable settlements.

Member of the 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 the 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 the debtor, in the United States Bankruptcy Court for the District of Massachusetts.  Obtained a favorable settlement.

Member of the 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 the litigation team in the 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 the mediation team in the representation of a commercial real estate company that obtained a favorable settlement against the seller of a commercial property.

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

Intellectual Property Litigation

Co-led the 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 the 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 the internal investigation of a 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 the 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 was selected for inclusion in the 2017 Irish Legal 100 Irish Rising Stars.  A description of the selection methodology can be found at www.irishlegal100.com/.

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

No aspect of these advertisements have 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 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.  He resolves sophisticated claims in state court and federal district and bankruptcy courts across the country.

Sean is dedicated to devising a path to resolution that makes business sense for his client.  With cases that range in value from millions to hundreds of millions of dollars in dispute, Sean strives to manage the risks associated with high-stakes claims.

By focusing on productive and cost-effective case management, Sean is appreciated for his streamlined and organized approach to dispute resolution, from inception through trial.  Clients and colleagues alike rely on Sean to execute their cases in the most strategic and effective way possible.

Experience

Commercial Litigation

Tried a bench trial and jury trial in the last year.

Member of the litigation team that successfully represented a national testing laboratory at the New York Court of Appeals and at 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.  Pasternack v. Laboratory Corporation of America Holdings, 807 F.3d 14 (2nd Cir. 2015).

Member of the 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.  Obtained a favorable settlement.

Member of the 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.  Obtained a favorable settlement.

Member of the litigation team representing a 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 the 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 the 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.  Obtained a favorable settlement.

Member of the 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

Tried a case on behalf of a national life insurance company in New York Supreme Court in Rockland County, concerning the lapse of an $8 million policy.

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

Bankruptcy and Restructuring Litigation

Member of the 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.  Obtained favorable settlements.

Member of the 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.  Obtained favorable settlements.

Member of the 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 the 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 the debtor, in the United States Bankruptcy Court for the District of Massachusetts.  Obtained a favorable settlement.

Member of the 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 the litigation team in the 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 the mediation team in the representation of a commercial real estate company that obtained a favorable settlement against the seller of a commercial property.

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

Intellectual Property Litigation

Co-led the 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 the 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 the internal investigation of a 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 the 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 was selected for inclusion in the 2017 Irish Legal 100 Irish Rising Stars.  A description of the selection methodology can be found at www.irishlegal100.com/.

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

No aspect of these advertisements have been approved by the Supreme Court of New Jersey.

Memberships

Federal Bar Council, Bankruptcy Litigation Committee

American Bar Association

New York State Bar Association