Sean Flanagan is an attorney and Senior Counsel for the Commercial Litigation law practice of Davidoff Hutcher & Citron LLP in their New York City office, focusing his practice on complex commercial litigation matters. Committed to his clients, Sean is a results-oriented attorney with significant experience in complex matters, including corporate governance, securities, shareholder litigation, securities regulation, internal investigations, breach of contract, fraud, misrepresentation, theft of trade secrets, bankruptcy, employment matters, negligence, real estate disputes and life insurance.
Over the course of his legal career, Sean has represented financial institutions, insurance companies, Fortune 500 as well as public and privately-held companies in state and federal courts throughout the United States, and before mediation and arbitration panels in proceedings brought under the rules of the American Arbitration Association, JAMS, and the International Chamber of Commerce. Sean has also represented clients and liquidating trustees in defending and prosecuting adversary proceedings brought in bankruptcy courts in the Southern District of New York and the Eastern District of Virginia.
Sean also frequently represents officers and directors of corporations, including fortune 500 companies, in internal investigations concerning whistle-blower allegations and alleged accounting and financial fraud. And he has represented corporations and individuals in investigations by the United States Department of Justice and the United States Attorney’s Office for the Southern District related to civil actions concerning anti-trust allegations and white-collar crime investigations related to fraud and bid-rigging.
Prior to joining the firm, Sean spent sixteen years at an AM Law 200 firm representing clients in all facets of litigation in state and federal courts. More recently, he was Senior Counsel at a boutique law firm representing real estate developers and contractors litigating as both plaintiff and defendant in complex commercial matters ranging from business divorce, insurance, breach of contract, construction defects, and obtaining payment under New York’s Prompt Payment Act.
NOTABLE CASES
- Represented life insurance company in bench trial concerning the lapse of an $8 million life insurance policy in an action captioned Agi Weiss v. John Hancock Life Insurance Company of New York.
- Represented commercial property owner in AAA arbitration prosecuting an action related to defendant’s attempt to keep $250,000 in escrow funds that were due at closing of sale of commercial building.
- Represented international corporation in international arbitration in ICC Arbitration prosecuting theft of trade secrets, Intellectual Property, and breach of contract claims resulting from the dissolution of joint venture.
- Represented an airline company in a class action, captioned, In re Air Cargo Litig., in the United States District Court for the Eastern District of New York.
- Represented corporation defending corporation from hostile takeover from minority shareholder, including working with Investor Relations and Public Relations team on matters concerning messaging from corporation concerning the litigation and attempted takeover.
- Represented national medical testing laboratory in obtaining motion to dismiss a complaint alleging breach of contract, and defamation related to a failed drug test which was affirmed on appeal in Pasternack v. Laboratory Corporation of America Holdings et al., 27 NY.3d 817 (2016) and in Pasternack v. Laboratory Corporation of America Holdings, et al., 839 F.3d 151 (2d Cir. 2016).
- Represented real estate developer in successfully opposing temporary restraining order brought by community activists in an attempt to prevent client from raising building in Brooklyn for a new mix use building.
- Represented petitioners in challenging the validity of the creation of a trust in New York State Surrogate’s Court.
- Senior member of litigation team representing a liquidating trustee of Circuit City personally responsible for litigating over 150 bankruptcy avoidance actions and capturing $25 million for the liquidating trust in the United States Bankruptcy Court for the Eastern District of Virginia – Richmond. In re Circuity City.
- Senior member of litigation team representing a large multi-national bank in a dispute with the estate of a major car manufacturer concerning the validity of its security interest in real property in which the bank was holding as agent for a syndicate of investors as collateral for a $1.5 billion loan. Official Committee of Unsecured Creditors of Motors Liquidation Company v. JP Morgan Chase.
- Member of litigation team representing creditors attempting to recover $10 million from 1031 Exchanges that were being held in Trust by the Bankrupt Debtor. In re LandAmerica Holdings.
- Member of litigation team representing a large multi-national bank in a dispute with unsecured creditors seeking the return of $150 million related to commercial paper that was re-purchased on behalf of a debtor prior to debtor’s filing of bankruptcy. In re Enron Creditors Recovery Corp v. JP Morgan Securities Inc., et al.
- Lead associate successfully representing directors and officers in internal investigation concerning accounting issues related to repatriating offshore funds.
- Lead associate successfully representing an advertising technology company in anti-trust investigations conducted by the Department of Justice, European Union, Australia, and Canada resulting in no action against the client.
- Lead associate in representing New York State entity responding to federal criminal subpoenas for documents and witnesses in connection with a corruption trial pending in the United States District Court for the Southern District of New York and counseling the client on internal investigation to dismiss the target of the criminal investigation and trial.
DESIGNATIONS
Recognized and rated by NY Super Lawyers in 2021, 2022
