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Harvey C. Koch 
New Orleans, Louisiana
Partner
phone 504-585-3200
fax 504-585-7688
email hkoch@monbar.com

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, U.S. pension entitlements, successions and estates, fidelity, surety and financial institution bonds, lawyer's malpractice, errors and omissions, and sports and entertainment law.

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 countries in Europe and the Mid-East.  Mr. Koch 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 in Henderson, Nevada supplying that missile program was destroyed in an explosion. Mr. Koch has represented parties in complex litigation involving nuclear power and fossil fuel plants; the shipping industry; the former Louisiana Sunday Closing laws; Louisiana Contractor Licensing laws; and the resurfacing of both runways of the New Orleans International Airport (MSY). Mr. Koch currently represents the international construction management firm managing all construction at the New Orleans Louis Armstrong International Airport (MSY) and serving as a joint venturer in the construction of the new Mississippi River bridge at St. Francisville, Louisiana. Mr. Koch is also Louisiana counsel for the General Contractor for the new VA Hospital in New Orleans.

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. He has also argued the Sunday Closing Law case to the U.S. 5th Circuit Court of Appeals sitting in the Louisiana State University (LSU) Law School Law Student Auditorium.

Mr. Koch 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. Mr. Koch is a founding member of The Board of Trustees and an original 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. Mr. Koch is a member of the Society of Construction Law of Great Britain and the Center of Construction Law of Great Britain.

Mr. Koch is listed in Best Lawers in America (legal malpractice law, construction litigation, insurance law, commercial litigation, mass tort litigation and product liability litigation); International Who's Who of Construction Lawyers as being among the world's pre-eminent construction lawyers for 2010; Who's Who Among International Best and Brightest Executive Professionals Throughout the World; Louisiana Life Magazine's Super Lawyers Section as Top Attorney; New Orleans Magazine's Top Lawyers; Litigation Magazine's Top Commercial Litigation Lawyers; and the Martindale-Hubbell Bar Register of Pre-eminent Lawyers.

Areas of Practice:
Arbitration
Banking Law
Business and Commercial Litigation and Appeals
Construction Law
U.S. Pension Entitlements
Directors' and Officers' Liability Law
Fidelity, Financial Institution and Surety Bond Litigation
Successions and Estates
Professional Malpractice Litigation
Sports and Entertainment Law
Bar Admissions:
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
Education:
Tulane Law School, New Orleans, Louisiana, 1960
Juris Doctor (J.D.) Degree


University of the South (Sewanee) and Tulane University, New Orleans, Louisiana, 1957
B.A.


Harvard University, Cambridge, Massachusetts, 1959
International Studies Program


Northwood University, 1994
Doctor of Laws Degree, Honoris Causa


Published Works:
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


Annotated General Indemnity Agreement, Contributing Author, Insurance Counsel Journal, 1985


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


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


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


Role of the Rule of Law in the Wake of Worldwide Disasters, 2005


Classes/Seminars Taught:
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 - Present


Frequent Lecturer, United States and International Construction, Commercial and Constitutional Law, United States, Great Britain and the European Continent, 1965 - Present


Associate Professor of both Political Science and Business Law, University of Central Florida, 1961 - 1963


Associate Professor of Languages (German), Tulane University, 1957 - 1960


Junior Achievement Project Business Free Market Principles - Lecturer (Continuing)


Arbitration Law Lecturer, Tulane School of Law


Honors and Awards:
Best Lawyers in America, since 2003


Selected for inclusion in New Orleans Magazine's Top Lawyers in New Orleans, Louisiana


Louisiana Super Lawyers, 2007-2014


Top Rated Lawyer in Construction, American Lawyer, 2012


2012 Top Rated Lawyer in Insurance Law


Honoree, CityBusiness Leadership in Law Class of 2012


America's Most Honored Professionals Award, 2011


Inducted into University of the South (Sewanee) Athletics Hall of Fame, September 24, 2010


Listed in International Who's Who of Construction Lawyers 2012 and 2013


Listed in Martindale-Hubbell Bar Register of Pre-eminent Lawyers


Listed as Top Commercial Litigation Lawyer in Litigation Magazine


Listed as Top Attorney in Louisiana Life Magazine's Super Lawyers Section


Listed as Top Lawyer in New Orleans Magazine


Listed in Who's Who Among Executives and Professionals Throughout the World


Fidelity Law Association Founders Award


Sons of the American Revolution Outstanding Community Service Award


Doctor of Laws, Northwood University


Commencement Speaker, Northwood University, 1994


National World War II Museum Outstanding Service Award, 1993 - 2003


Louisiana State Bar Association Outstanding Service Award


United States Supreme Court Historical Society Outstanding Service Awards, 1990 - 1993


American Bar Association Outstanding Service Award


American Bar Association, Fidelity and Surety Law Committee, commendation for the intensity and quality of its efforts to involve committee members in the activities of the Committee and Section, 1991 - Present


Federalist Society Outstanding Service Award


United States Secretary of Commerce "Export Now" Outstanding Service Award


United States Secretary of Energy Outstanding Service Award


Thomas C. Cunningham Outstanding Service to the People of the Western Hemisphere Award


Louisiana State Bar Association Outstanding Service Award


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


President's E-Star Award for Outstanding Contributions to the United States Export Expansion Program, as President of the World Trade Center of New Orleans


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


Professional Associations and Memberships:
American Arbitration Association
Construction Projects and International Panels


American Arbitration Association, 1979 - 1999
Louisiana Advisory Council


American Bar Association, 1978 - 1979
Co-Chair, 1st 3 National Programs Forum on the Construction Industry


American Bar Association
Chair, Fidelity & Surety Law Committee, TIPS (1990-1991)


American Bar Association
Vice Chair, Professionalism and Quality of Life Committee (1991-1993)


American Bar Association
Vice Chair, Appellate Advocacy Committee, TIPS (1991-1996)


American Bar Association
Vice-Chair, Profs.', Officers' & Directors' Law Committee (1996-2000)


American Bar Association, 1994
Faculty Member, Appellate Advocacy National Institute


American Bar Foundation, 1992 - Present
Fellow


American College of Construction Lawyers, 1997 - 2000
Fellow, Board of Governors


American College of Construction Lawyers, Fellow
Insurance Industry Committee, Founder and 1st Chair


The American Law Institute, 1991 - Present
Member


American Law Institute, 1988 - Present
Consultative Group on Restatement of the Law 3rd, Suretyship


American Law Institute
Consultative Group on Restatement of the Law 3rd, Unfair Competition


American Law Institute, 1988 - Present
Consultative Goup, Restatement of the Law 3rd, Law Governing Lawyers


American Law Institute
Complex Litigation Project


American Law Institute
Consultative Group, International Insolvency Project


Center of Construction Law, Great Britain, 2002 - Present


Chamber of Commerce of the United States of America, 1988 - Present
Member


Federacion Interamericana De Abogado, 1966 - Present


Federalist Society, 1988 - Present
Trustee/Board of Visitors


International Association of Defense Counsel, 1978 - Present


International Bar Association, 1965 - Present
International Construction Law Committee (T)


International Federation of Lawyers, 1966 - Present


Louisiana Bar Association
House of Delegates, 1991-1993


Louisiana Architects Selection Board
Chair


Louisiana Engineers Selection Board
Chair


Louisiana Import/Export Trust Authority
Chair


Louisiana International Trade Commission
Chair


Louisiana State Bar Association
Lifetime Fellow


Louisiana State Bar Association
Chair, Professionalism Task Force, 1991-1993


Louisiana State Bar Association, Fidelity, Surety and Construction Law Section
Founder and Chair, 1991-1993


National Bond Claim Association, 1984 - Present


The Secretary of Commerce, 1999 - Present
Member, Louisiana District Export Council


Society of Construction Law, Great Britain, 2001 - Present


Surety Claims Institute, 1997 - Present
Board of Governors


Surety Claims Institute, 1975 - Present


United States Court of Federal Claims, 1988 - Present
Chief Judge's Advisory Counsel


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


American Arbitration Association, 1994 - Present
Member


Languages:
German
Italian
Spanish
English
Firm News

Ashley L. Belleau, partner, has been selected as the new Editor for the Louisiana Chapter of Business Torts: A Fifty State Guide. The Louisiana Chapter will focus on such causes of action as negligent interference with an economic advantage, tortious interference with business relations and/or contract, and unfair competition.

Congratulations to Edmond C. Haasé, III who has acquired the Chartered Global Management Accountant (CGMA) designation powered by the resources and expertise of the AICPA (American Institute of CPAs) and CIMA (Chartered Institute of Management Accountants based in the United Kingdom).

Congratulations to Harvey C. Koch on being nominated by his peers as one of the world's leading practitioners in the Construction Field. (Who's Who Legal: Construction 2014)

Montgomery Barnett, LLP, was a Gold Level Sponsor for the Seventh Annual Conclave on Diversity in the Legal Profession, March 21, 2014 at the Hilton New Orleans Riverside. The Conclave encouraged discussion among judges and attorneys, primarily hiring and managing attorneys within law firms and law departments. Their main point of discussion was about the importance of and how to improve upon diversity and inclusion in the legal profession. Diversity is just the first step, inclusion is the key.

Omar K. MasonJeremy David Rush and R. Ethan Zubic participated in The Young Lawyers Section of the New Orleans Bar Association's 12th annual New Orleans Bar & Grille Cook-Off, Sunday, March 23rd in City Park. Teams of amateur chefs from local companies and law firms participated. The event offered family, friends, and the general public plenty of entertainment including live music, free drinks and of course a sampling of the dishes that were prepared on site. Although teams were not limited in what particular dish they prepared, teams competed for Best Local Favorite, Best Dessert, Most Creative, Best Booth Decoration, Crowd Favorite and Best Overall.
All proceeds benefitted Southeast Louisiana Legal Services, a nonprofit law firm founded to provide free legal assistance to low-income persons in civil cases.

Montgomery Barnett, L.L.P. congratulates our Partner John Y. Pearce
 for being named to CityBusiness Leadership in Law based on his professional and community contributions. Leadership in Law recognizes legal professionals who have helped move the legal community forward through their energy, innovative ideas, industry achievements and accomplishments, and how their legal work has impacted the greater community.

Congratulations to Harvey C. Koch, on receiving the Martin J. Andrew Award for Lifetime Achievement in Fidelity & Surety Law. It is the highest award given by the Fidelity & Surety Law Committee of the American Bar Association. The award, first given in 1998, was named after Martin J. Andrew, who was a contemporary of Mr. Koch's. Mr. Koch was Chair of the Fidelity & Surety Law Committee in 1990-1991 and Martin Andrew followed him in 1991-1992. The award was presented on January 23, 2014 in New York City.

Ashley L. Belleau, partner and a Vice-Chair of the ABA Fidelity and Surety Law Committee, will be presenting on the topic "Endorsements Related to Title and Escrow Agents" at the ABA Fidelity and Surety Law Committee Mid-Winter Program on January 23, 2014 at The Waldorf Astoria Hotel in New York City.

Philip S. Brooks (Admiralty & Maritime), Terrel J. Broussard (Business Litigation, Government), A. Gordon Jr. Grant  (Admiralty & Maritime), Harvey C. Koch (Admiralty & Maritime, Construction), Daniel Lund (Litigation), Patrick E. O'Keefe (Admiralty & Maritime), John Y. Pearce (Oil & Gas, Environmental and Natural Resources), Joseph P. Tynan  (Admiralty & Maritime) and Stephen L. Williamson (Bankruptcy) from Montgomery Barnett, L.L.P. were recently selected as 2014 Louisiana Super Lawyers. Omar K. Mason (Litigation) was selected as 2014 Louisiana Rising Star.

Congratulations to John Y. Pearce, who has become the chair of the Primerus Business Law Institute for North America. The International Society of Primerus Law Firms consists of more than 200 independent law firms in 130 cities and over 40 countries around the world.

Montgomery Barnett, L.L.P. has been acknowledged and voted for as a winner in the Global Finance Global Awards 2013. The Global Finance Today Global Awards 2013 recognize a select number of leading professional firms across the globe for their individual areas of specialization within their geographic location.

Montgomery Barnett, L.L.P. has been named as a 2013 Lawyers World law award winner in the category of Construction Law Firm of the Year.

Ashley L. BelleauHarvey C. Koch and  John Y. Pearce have been selected by a vote of their peers to be included in New Orleans Magazine's list of Top Lawyers in New Orleans, Louisiana. The list will appear in an upcoming issue of New Orleans Magazine.

Ashley L. Belleau was elected to serve as the FBA's delegate to the ABA House of Delegates. Her two-year term begins on October 1, 2013. She will be sworn in at the FBA Convention in Puerto Rico on September 28, 2013.

Congratulations to Ronald J. Kitto, on the publication of his article "Risk Assessment in Maritime Activity and the Law of Bailment" in the Primerus Paradigm.

Congratulations to Omar K. Mason, for his AV Preeminent rating by Martindale.

John Y. Pearce was recently named the Best Lawyers ® 2014 New Orleans Oil & Gas Law "Lawyer of the Year." (Copyright 2013 by Woodward/White, Inc., of Aiken, SC).

Daniel Lund was selected by his peers to be included in the 20th Edition of The Best Lawyers in America for his work in multiple practice areas.


A. Gordon Grant (Admiralty and Maritime Law), Harvey C. Koch (Commercial Litigation, Insurance Law, Legal Malpractice Law - Defendants, Litigation - Construction, Mass Tort Litigation/Class Actions - Defendants, Product Liability Litigation - Defendants), Daniel Lund (Bet-the-Company Litigation, Commercial Litigation, Construction Law, Legal Malpractice Law - Defendants, Litigation - Construction, Personal Injury Litigation - Defendants), John Y. Pearce (Mining Law, Natural Resources Law, Oil and Gas Law) and Joseph P. Tynan (Admiralty and Maritime Law) from Montgomery Barnett, L.L.P. were recently selected by their peers for inclusion in The Best Lawyers in America © 2014 (Copyright 2013 by Woodward/White, Inc., of Aiken, SC).

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