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Associate

Location:
New York City, NY
Posted:
June 18, 2018

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Resume:

Sean R. Flanagan ** Mayfair Rd. Fairfield, CT ****4

917-***-**** ********.****@*********.***

PROFESSIONAL SUMMARY

A results-oriented litigator admitted in New York and New Jersey with practice areas spanning from negligence, personal injury, medical malpractice, insurance, breach of contract, fraud, misrepresentation, theft of trade secrets, bankruptcy and employment matters. Aggressively and efficiently represents clients minimizing risks and driving business-oriented solutions to complex legal matters. Proven success in obtaining pre-trial dismissal of cases through motions to dismiss and summary judgment. EXPERIENCE

Kelley Drye & Warren, LLP, New York, NY

Associate September 2002 – Present

Counseled clients and represented them through all facets of litigation in federal and state courts in New York, New Jersey, Virginia and Pennsylvania and through mediation and arbitration proceedings before the Financial Industry Regulation Authority (“FINRA”), International Chamber of Commerce

(“ICC”) and the American Arbitration Association (“AAA”). Representative experience includes: Successfully obtaining pre-trial dismissals through motions to dismiss and summary judgment in cases involving defamation, negligence, breach of contract, and wrongful death: Representative Experiences

Lead associate on litigation team that successfully represented a national medical diagnostic testing company in obtaining a dismissal of a complaint alleging breach of contract, defamation and negligence related to a failed drug test which, on appeal, received a favorable opinion by the New York Court of Appeals responding to a certified question from the United States District Court for the Second Circuit in Pasternack v. Laboratory Corporation of America Holdings et al., 27 NY.3d 817 (2016) and the Second Circuit affirmed the district court’s dismissal in Pasternack v. Laboratory Corporation of America Holdings, et al., 839 F.3d 151 (2d Cir. 2016).

Led litigation 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 appeal by the New York Appellate Division, Second Department in John Hancock Life Insurance Co. v. Hirsch, 909 N.Y.S.2d 519 (2nd Dep’t 2010).

Led litigation team in representing national medical diagnostic testing company in obtaining summary judgment in a wrongful death action related to allegations that the company failed to timely perform tests that could have prevented the decedent’s death, in an action captioned Alvarellos ex rel. v. Tassinari, et al.

First and second chair trial experience defending clients involving cases concerning fraud, misrepresentation, theft of trade secrets, personal injury, and employment matters: Representative Experiences

First chair of trial team representing John Hancock Life Insurance Company of New York in litigation 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. First chair of trial team representing national life insurance clients in multiple matters including stranger oriented life insurance (STOLI) and life settlement transactions under New York and New Jersey law.

First chair of trial team representing building owner in a personal injury action concerning a slip and fall outside of defendant’s building that settled favorably after a jury was picked. First chair in AAA arbitration prosecuting an action related to defendant’s attempt to keep escrow funds that were due at closing of sale of commercial building. Second chair in FINRA Arbitrations defending national life insurance company and brokers and agents in defending lawsuits concerning allegations that the products sold to the policy owners were unsuitable.

Second chair in international arbitration in ICC Arbitration prosecuting theft of trade secrets and breach of contract claims resulting from the dissolution of joint venture. Second chair in representation of a hedge fund in a FINRA arbitration concerning a dispute with a former employee.

Successfully defending clients in class-actions by obtaining dismissal after motion to dismiss was filed: Representative Experience

Senior member of litigation team representing an airline company in a class action lawsuit, captioned, In re Air Cargo Litig., in the United States District Court for the Eastern District of New York.

Successfully represented clients in white-collar crime matters: Representative Experience

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. Lead associate in the representation of a former Chief Financial Officer of a publicly traded company in an internal investigation concerning accounting issues. Successfully represented clients in adversary proceedings pending in bankruptcy and state courts: Representative Experiences

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.

Senior member of litigation team representing a large multi-national bank in a dispute 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. BAR ADMISSIONS

States of New York and New Jersey; United States District Court of the Districts of the Southern and Eastern Districts of New York and New Jersey; United States Bankruptcy Courts of the Districts of the Southern and Eastern Districts of New York and New Jersey. EDUCATION

Brooklyn Law School, Brooklyn, NY

Juris Doctor

Publications: Bookstores Under Siege, Authors Guild Bulletin, Winter 2001; Form Prevails Over Substance in Author’s Infringement Suit: Morris v. Business Concepts, Inc., Authors Guild Bulletin, Winter 2001. University of Loyola, Chicago, Chicago, IL

Bachelor of Arts in Communications, Minor in English Honors: Dean’s List



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