Harvey C. Koch New Orleans, Louisiana
Partner
| | phone | (504) 585-3200
| | fax | (504) 585-7688
| | email | Email Me
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Mr. Koch's practice includes complex commercial litigation, litigation management, insurance coverage and extra-contractual defense litigation, the construction process, construction litigation and arbitration, contract interpretation, sports and entertainment law, fidelity, surety and financial institution bonds, lawyer's malpractice, errors and omissions, life and long term care and fine arts coverages.
Mr. Koch participated in negotiations in Egypt after the Yom Kippur War leading to removal of ships sunk in the Suez Canal; represented a consortium of companies involved in reconstructing Kuwait and its oil fields after Operation Desert Storm; represented a major international insurance company in developing indemnity agreements, construction bonds, and guarantees for use with contractors in twelve foreign countries; represented the lead insurer in the adjustment of the business interruption claims of the Titan IV rockets manufacturer when the solid rocket fuel manufacturing plant supplying that missile program was destroyed in an explosion. And Mr. Koch has defended parties in complex litigation involving nuclear power and fossil fuel plants; the shipping industry; the former Louisiana Sunday Closing laws; and the resurfacing of both runways of the New Orleans International Airport (MSY) in the 1980's. Mr. Koch currently represents the international construction management firm managing all construction at the New Orleans Louis Armstrong International Airport (MSY).
As an appellate practitioner, Mr. Koch has briefed the United States Supreme Court on the Insurance Industry's position on coverage issues regarding the Security Dealer's Blanket Bond, and the New Zealand Supreme Court on the interpretation by United States Courts on coverage issues related to the Financial Institution Bond.
Mr. Koch is listed in Best Lawyers in America (Construction), is a Fellow of the American College of Construction Lawyers (Founder and Former Chair of its Insurance Industry Committee and a former member of its Board of Governors), and is a consultative member of the American Law Institute. Mr. Koch has chaired the American Bar Association's Fidelity and Surety Law Committee, Co-Chaired the ABA's first three National Institutes of the Forum on the Construction Industry, chaired six ABA National Law Institutes, founded and served as first Chair of the Louisiana Bar Association's Section on Construction, Fidelity and Surety Law, served as a Vice Chair of the Fidelity and Surety Law Committee of the International Association of Defense Counsel, currently serves on both the Surety Claims Institute Board of Governors and the Advisory Council of the Chief Judge of the Court of Federal Claims in Washington, D.C., is a Trustee of the Federalist Society, is a member of the National Bond Claims Association, is one of the four Advisors Emeritus of the Fidelity Law Association and is a Life Fellow of both the American and Louisiana Bar Foundations.
- Arbitration
- Banking Law
- Business and Commercial Litigation and Appeals
- Construction Law
- Directors' and Officers' Liability Law
- Fidelity, Financial Institution and Surety Bond Litigation
- Fine Arts Coverages
- Life and Long Term Care Insurance Coverages and Annuities Law
- Professional Malpractice Litigation
- Sports Law
- Louisiana
- U.S. District Court Eastern District of Louisiana
- U.S. District Court Middle District of Louisiana
- U.S. District Court Western District of Louisiana
- U.S. Court of Appeals 5th Circuit
- U.S. Court of Appeals 11th Circuit
- U.S. Court of Federal Claims
- U.S. Court of International Trade
- U.S. Supreme Court
- U.S. Tax Court
- Tulane Law School, New Orleans, Louisiana,
1960
J.D.
- University of the South and Tulane University, New Orleans, Louisiana,
1957
B.A.
- Fraud and Dishonesty Under the Blanket Bond, American Bar Association, 9 Forum 229, 1973
- Surety's Obligation to Pay Subcontractor Where Owner Fails to Pay Under Contract, American Bar Association, 11 Forum 1212, 1976
- The Bankers Blanket Bond and The Loan Exclusion Clause, American Bar Association, 1978
- The Use of Litigation and Arbitration in Resolving Contract Disputes, (Co-Author), American Bar Association, 1979
- Developments Favorable to the Contract Bond Surety, International Association of Defense Counsel, 1980
- Armorplating the Indemnity Agreement Against Modern Day Legal Weaponry, Fidelity and Surety Law Committee, Torts and Insurance Practice Section, American Bar Association, 1982
- The Surety's General Indemnity Agreement: Current or Out of Date?, Fidelity and Surety Law Committee, Torts and Insurance Practice Section, American Bar Association, 1984
- Pursuit of Indemnitors: A Quest for All Seasons, Surety Claims Institute, 1985
- Recoverability by Surety of its Attorneys Fees From Indemnitors, National Bond Claims Institute, 1985
- Surety Default Litigation, Co-author; Construction Litigation Superconference, 1986
- Arbitration of International Law Issues, Presented to the Tulane and Louisiana State University Law Schools, 1986
- International Turnkeying: Use and Misuse, and Relevant Contractual Provisions, International Bar Association, 1986
- Non-Recoverability from Surety of Statutory Civil Penalties Assessed Against Public Entities of Public Laws, Allegedly Arising Out of Failure of Principal to Perform Contract, International Association of Defense Counsel, 1986
- Default of A Multi-Projects Public Works Contractor Bonded By A Single Surety: Some Practical And Legal Problems And Solutions, Construction Litigation Superconference, 1986
- Construction Law and Construction Litigation, Practicing Law Institute, 1987
- Financial Institution Litigation Trends in the 1980's: Quo Vadis?, Fidelity Program of the Annual Meeting of the American Bar Association, 1987
- Construction Litigation: Representing the Contractor, (Co-Author), Construction Litigation Involving Contractors and Their Sureties, John Wiley & Sons, 2nd Edition, 1988
- The Agreement of Indemnity and the Defenses of the Indemnitors, Practical Applications & Uses by the Surety of the Agreement of Indemnity, ABA Fidelity and Surety, 1989
- Louisiana Chapter, Payment Bond Manual, A Publication of the American Bar Association, 1991
- The Treatment of Foreign Law by U.S. Courts, International Bar Association, 1993
- Surety Defenses Recognized by Federal and State Courts and Boards, American Bar Association, Division for Professional Education, 1995
- Who is an Employee -- Known or Unknown -- Under the Crime Policy?, The Fidelity Law Journal, Vol. 1, 1995
- Co-Author, Employee Dishonesty: The Essential Elements of Coverage Under Insuring Agreement, American Bar Association, Second Edition, 1998
- Prime Contractors' Pitfalls When Their Subcontractors Use Factors, Minnesota Institute Legal Education, Construction Law Institute, 1999
- What Every Construction Lawyer Must Know About Innovative and Specialized Insurance Products on Today's Market, Author and Moderator, The Contractor's Construction Superconference, 2000
- Contractors and Their Sureties, Construction Disputes: Representing the Contractor; Aspen Law and Business, First, Second, and Third (2001) Edition
- How to Negotiate the General Indemnity Agreement Before the Job and Avoid its Perils if the Job Goes Sour, Author and Moderator, The Contractor's Construction Superconference, 2002
- Chapter on General Indemnity Agreement, Construction Business Handbook; Aspen Law and Business, 2004
- Louisiana Chapter, Recurring Author, Fifty State Construction Lien and Bond Law; Aspen Law and Business
- Louisiana Chapter, Recurring Author, State-by-State Guide to Architect, Engineer, and Contractor Licensing; Aspen Law and Business
- Financial Institution Bond Litigation Manual: A Case Study for Bankers, Sureties, Insurers, and Attorneys, Editor, Monograph From Papers Presented at the TIPS Fidelity and Surety Law Committee Annual Meeting, American Bar Association, 1988
- Annotated General Indemnity Agreement, Contributing Author, Insurance Counsel Journal, 1985
- Annual and Mid-Winter Meeting Programs on Alternative Dispute Resolution, Complex Litigation and Construction, Insurance, Surety and Financial Institution Bond Law and International Commercial Law (Chaired Six and Co-Chaired Four), American Bar Association National Institutes,
1965
- Frequent Lecturer, United States and International Construction, Commercial and Constitutional Law, United States, Great Britain and the European Continent,
1965
- Listed in International Who's Who of Construction Lawyers,
2010
- Present
- Listed in "Best Lawyers in America"
- National D-Day Museum Outstanding Service Award,
1993
-
2003
- Sons of the American Revolution Outstanding Community Service Award,
1995
- American Bar Association Outstanding Service Award,
1991
- United States Supreme Court Historical Society Outstanding Service Awards,
1990
-
1993
- Federalist Society Outstanding Service Award,
1988
- United States Secretary of Commerce "Export Now" Outstanding Service Award
- United States Secretary of Energy Outstanding Service Award,
1988
- Thomas C. Cunningham Outstanding Service to the People of the Western Hemisphere Award,
1987
- Louisiana State Bar Association Outstanding Service Awards,
1985
- President's E-Star Award for Continuing Outstanding Contributions to the United States Export Expansion Program, as President of the World Trade Center of New Orleans,
1985
- President's E Award for Outstanding Contributions to the United States Export Expansion Program, President of the World Trade Center of New Orleans,
1983
- World Trade Center of New Orleans Board of Directors Award for Outstanding Services Rendered,
1965
-
1985
- United States Secretary of Defense Commendation for Outstanding Armed Services Absentee Voter Program,
1964
- Louisiana State Bar Association Outstanding Service Awards,
1993
- Doctor of Laws, Northwood University,
1994
- American Arbitration Association
- Construction Projects and International Panels
- American Arbitration Association
- Louisiana Advisory Council
- American Bar Association,
1991
-
1996
- Vice Chair, Appellate Advocacy Committee, TIPS (1991-1996)
- American Bar Association,
1990
-
1991
- Chair, Fidelity & Surety Law Committee, TIPS
- American Bar Association,
1994
- Faculty Member, Appellate Advocacy National Institute
- American Bar Association,
1996
-
2000
- Vice-Chair, Profs.', Officers' & Directors' Law Committee
- American Bar Association,
1978
-
1979
- Co-Chair, 1st 3 National Programs Forum on the Construction Industry
- American College of Construction Lawyers,
1997
-
2000
- Fellow, Board of Governors
- American College of Construction Lawyers Fellow
- Founder and Current Chair, Insurance Industry Committee
- American Law Institute,
1988
- Present
- Consultative Grp, Restatement of the Law 3rd, Suretyship
- American Law Institute
- Consultative Grp, Restatement of the Law 3rd, Unfair Competition
- American Law Institute
- Consultative Grp., Restatement of the Law 3rd, Law Governing Lawyers
- American Law Institute
- Complex Litigation Project
- American Law Institute
- Consultative Group, International Insolvency Project
- Federalist Society,
1988
- Present
- Trustee
- International Association of Defense Counsel,
1978
- Present
- International Bar Association
- International Construction Law Committee (T)
- Louisiana Bar Association,
1991
-
1993
- House of Delegates
- Louisiana Bar Association, Fidelity, Surety and Construction Law Section,
1991
-
1993
- Founder and Chair
- Louisiana Bar Association,
1991
-
1993
- Chair, Professionalism Task Force
- United States Court of Federal Claims Chief Judge's Advisory Council,
1988
- Present
- United States District Court, Eastern District of Louisiana,
1985
- Present
- Disciplinary Enforcement Counsel
- United States District Court, Eastern District of Louisiana Advisory Group for the 1990 Civil Justice Reform Act,
1995
-
1999
- United States Fifth Circuit Judicial Conference,
1983
- Present
- Delegate
- German
- Italian
- Spanish
- English
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