flanagan partners
flanagan partners

harold flanaganHarold Flanagan

hflanagan@flanaganpartners.com

Overview

Harold J. Flanagan’s practice includes both contracts and litigation in the areas of insurance coverage/recovery, oil and gas production, construction, admiralty, casualty, and commercial matters.

Mr. Flanagan's insurance law practice is broad, covering transactional matters and litigation in the contexts of oil and gas production, maritime operations, construction, casualty, and products liability. He leverages his practical and academic experience to counsel clients in transactional and litigation matters. Mr. Flanagan is frequently associated by other law firms to assist in litigating the insurance aspects of casualty claims.

He has extensive experience in contract drafting for oil and gas producers, including drilling contracts, master service agreements, joint operating agreements, vessel charters, and U.S. Customs/Jones Act compliance.

In the area of construction law, Mr. Flanagan drafts and negotiates construction contracts and litigates construction disputes for contractors and property owners.

With respect to casualty litigation, he is frequently called upon to investigate casualties, and advises clients on matters involving well blowouts, drilling rig and vessel accidents, and other oilfield tort claims.

Mr. Flanagan graduated from Loyola University with B.S. in Business Management in 1984, and from the Loyola School of Law in 1995, cum laude. For the past fourteen years, he has taught insurance law at Tulane Law School. His outstanding service to the school was recognized when he was awarded the Monte M. Lemann Distinguished Teaching Award in 2003 and 2010. He is a frequent lecturer and author in the areas of oil and gas law, construction contracts and litigation, and insurance coverage.

Mr. Flanagan enlisted in the U.S. Marine Corps in 1985 and retired at the rank of colonel in the Marine Corps Reserve after 26 years of service, including overseas service in Operation Enduring Freedom.

Representative Cases/Contracts

•OceanConnect.com, Inc. v. M/V Fesco Angara, Slip Op., 2012 WL 3835098 (W.D. La. 2012)
•St. Paul Fire & Marine Ins. Co. v. Bd. of Com'rs of Port of New Orleans, 418 Fed. App'x 305 (5th Cir. 2011)
•St. Paul Fire & Marine Ins. Co. v. Bd. of Com'rs of Port of New Orleans, CIV.A. 07-3053, 2011 WL 2457908 (E.D. La. June 17, 2011)
•C.R. Pittman Construction Company, Inc. v. National Fire Insurance Company of Hartford, 453 Fed. Appx. 439 (5th Cir. 2011)
•KAI Enterprises, L.L.C. v. Boh Bros. Const. Co., L.L.C., 731 F.Supp. 2d 568 (E.D. La. 2010)
•Nexen Petroleum U.S.A., Inc. v. Sea Mar Div. of Pool Well Services Co., 497 F.Supp.2d 787 (E.D. La. 2007)
•Burlington Resources, Inc. v. United National Ins. Co., 481 F.Supp.2d 567, 572 (E. D. La. 2007)
•Assoc. Indemnity v. Motorola, Inc., 878 So.2d 824 (La. App. 1 Cir. 2004)
•Hospital Service Dist. No. 3 of Parish of Lafourche v. Fidelity & Deposit Co. of Maryland, 809 So.2d 145 (La. App. 1 Cir. 2001)
•Singleton v. United Tugs, Inc., 710 So.2d 347 (La. App. 4 Cir. 1998)
•Freeman v. Witco, Corp., 984 F.Supp. 443 (E.D. La. 1997)
•Negotiation of $300 million contract to build/charter semi-submersible drilling rig (2013)
•Negotiation of $500 million contract to build/charter two semi-submersible drilling rigs (2008)
•Negotiation of contracts for new build/long-term use of special purpose drilling rigs in the Philippines

Other Professional Experience

•Tulane Law School, Adjunct Faculty teaching Insurance Law (1999–present)
•Shareholder, Liskow & Lewis (1996–2008)
•Loyola University School of Law, Lecturer, Basic Practical Insurance Law Skills Course
•Contributing author for energy contracts issues in Contractual Risk Transfer published by International Risk Management Institute

Professional Recognition

•New Orleans Insurance Law “Lawyer of the Year” – Best Lawyers in America (2014)
•Best Lawyers in America, Oil & Gas, Insurance, Construction, Appellate Practice, and Commercial Litigation (2010–14)
•New Orleans Magazine Top Lawyers, Business Law, Insurance (2009–14)
•AV® Preeminent TM Peer Review Rated in Martindale-Hubbell
•Flanagan Partners LLP – Tier 1 ranking in Appellate Practice, Commercial Litigation, Insurance, and Oil & Gas – U.S. News/Best Lawyers (2013-14)
•Recipient, Tulane Law School, Monte M. Lemann Distinguished Teaching Award (2003, 2010)

Professional and Civic Affiliations

•Member, Louisiana State, Federal, and New Orleans Bar Associations
•Louisiana Veterans Research and Education Corporation (LVREC) – Board of Directors (2014–present)
•Federal Bar Association, New Orleans Chapter – Board of Directors (2012–present)
•New Orleans Bar Association, Young Lawyers Section – Board of Directors (1998–99)
•U.S. Marine Corps and Marine Corps Reserve – Colonel (1985–2011)

Publications/Articles

•“Risk and Claims Management in the Context of Onshore Joint Operating Agreements:  Practical Considerations,” IRMI, Contractual Risk Transfer (2014)
•“Risk Allocation in Master Service Agreements,” IRMI, Contractual Risk Transfer (2013)
•“Risk Allocation in Onshore Drilling Contracts,” IRMI, Contractual Risk Transfer (2010)
•“Don’t Get Stuck With The Check When It’s Not Your Dinner: Indemnity and Insurance Issues Under Joint Operating Agreements,” (with William W. Pugh), Rocky Mtn. Min. L. Inst., Ch. 6 (Mar. 2008)
•“The Roles of Loss Adjusters and Consultants in the First-Party Insurance Claim: A Policyholder Perspective,” Committee on Insurance Coverage Litigation: Coverage, Vol. 17, No. 1, American Bar Association (September/October 2006)
•“Onshore Drilling Contracts: Avoiding the Pitfalls of Form Drilling Contracts, Oil and Gas Agreements: The Exploration Phase,” Paper No. 9, 14-1 (with Lisa B. Brown) Rocky Mt. Min. L. Fdn. 2004
•“Master Service Agreements and Risk Allocation: In Whose Good Hands are You?” (with William W. Pugh), 48 Rocky Mt. Min. L. Inst. 14-1, 2002
•“Purchase Order Contracts: A Whole Lot More Than You Bargained For?” (with Bryan C. Reuter), 46 Loy. L. Rev. 365 (2000)

Presentations

•“Liability for Unforeseen Events in the U.S. Oil & Gas Exploration and Production Business,” Campetrol Seminar, Bogota, Colombia, April 2014
•“What Are the Ethical Limits of Zealous Advocacy in Preparing and Presenting Witnesses?” 22nd Annual Judge Alvin B. Rubin Symposium, New Orleans, LA, April 2014
•“Avoiding the Pitfalls of Onshore Drilling Contract Forms,” IRMI Energy Risk & Insurance Conference, Houston, TX, March 2014
•“Master Service Contracts,” Rocky Mountain Mineral Law Foundation Special Institute, Santa Fe, NM, May 2013
•“Afreightment and Fleeting Agreements,” Greater New Orleans Barge Fleeting Association (“GNOBFA”) 2013 River and Marine Industry Seminar, New Orleans, LA, April 2013
•“Selected Issues in Joint Operating Agreements,” IRMI Energy Risk & Insurance Conference, Houston, TX, March 2013
•“Selected Issues in Onshore Drilling Contracts,” IRMI Energy Risk & Insurance Conference, Houston, TX, March 2013
•"Litigating Insurance Coverage Claims: From Start to Finish," NBI faculty member, December 2011
•"Avoiding the Pitfalls of Onshore Drilling Contracts," 13th Edition Energy Contract Management in Oil and Gas conference, December 2011
•"Master Service Agreements and Risk Allocation," South Texas College of Law Energy Law Institute, September 2010
•“How Master Service Agreements and Risk Allocation Provisions Work,” Rocky Mountain Mineral Law Foundation Special Institute, Houston, TX, March 2010
•“Insurance Impacts to the Oil & Gas Industry Following Katrina,” University of Mississippi Seminar on Post Katrina Insurance Developments, Biloxi, MS, October 2009
•“What You Really Need to Know About How Master Service Agreements and Risk Allocation Work,” Rocky Mountain Mineral Law Foundation Seminar on Oil and Gas Agreements: The Exploration Phase, Santa Fe, NM, May 2009
•“Construction Contracts: Avoiding Problems Before They Start,” National Trust Real Estate Association Seminar New Orleans, LA, May 2009
•“Insurance and Indemnity Issues in the Energy Business,” University of Houston Law Center Continuing Legal Education, 2008
•"Allocation of Risks by Contract," Marsh Upstream Energy Insurance and Risk Management Course, Houston, TX, March 2008
•"Implement an Offshore and Onshore Hurricane Crisis Resolution to Avoid Chaos," Advanced Contract Risk Management in Upstream Oil and Gas, IQPC, Houston, TX, June 2007
•"Business Interruption and Force Majeure Issues Arising out of the Hurricanes," South Texas College of Law Energy Law Institute, September 2006
•"The Katrina Effect: What Has the Oil and Gas Industry Learned Regarding Insurance and Risk Management," Strategic Research Institute's 3rd Annual Insurance and Risk Management for the Oil and Gas Industry Summit, Houston, TX, March 2006
•“Insurance and Indemnity Basics in Oilfield Contracts,” International Quality Production Corporation, 2006
•“Drilling Contracts,” South Texas Law School, 2005
•“Insurance and Indemnity Basics in Oilfield Contract,” Strategic Research Institute, 2005
•“Drafting Effective Contract Provisions to Avoid Common Pitfalls,” International Quality Production Corporation, 2004
•“Insurance and Indemnity Basics in Oilfield Contract,” Strategic Research Institute, 2004
•“Insurance Trends,” New Orleans Bar Association, 2004
•“Insurance Update,” New Orleans Bar Association, 2004
•“Oilfield Indemnity Issues,” Plano Landman’s Association, 2004
•“Architect’s Liability: Legal Framework and Different Perspectives,” Louisiana Architectural Focus Group, 2002
•“Post 9-11 Insurance Issues,” New Orleans Bar Association, 2002

Education

•Loyola University Law School, New Orleans, Louisiana (J.D., cum laude, 1995)
•Finalist, Moot Court Competition
•Member, Loyola Law Review
•Loyola University, New Orleans, Louisiana (B.S., 1984)


201 St. Charles Ave., Suite 2405, New Orleans, LA 70170 • phone 504 569-0235 • fax 504 592-0251
Material presented on the Flanagan Partners website is intended for information purposes only. It is not intended as professional advice
and should not be construed as such.