Experience

Environmental Risk for Portfolio of Manufacturing Sites

Represented a party that accepted the environmental risk for a seven-site portfolio of manufacturing sites in the United States and Germany.

Environmental Risk Transfer for Mining Site

Represented the seller of a mining/Superfund site designed to shift all environmental risk for Superfund work to the buyer.

Risk Transfer for Two Former Coal-Fired Power Plants

Represented the risk transfer buyer of two former coal-fired power plants and negotiated the collateral package with insurers.

Superfund Site Involving PCB Contamination

Represented a steering committee responsible for resolving a Superfund site involving PCB contamination.

Dismissal of Multi-State Unpaid Overtime Class Action Claims

Obtained dismissal of numerous state law class action claims based on lack of standing in a multi-state unpaid overtime lawsuit in the United States District Court for the District of Colorado, resulting in a substantial reduction in the potential size of the class and, accordingly, substantially reducing the company's potential exposure.

Managed Accelerator Program’s with Onboarding and Capital Investments for Startup Company Participants

Assisted utility client with onboarding of and capital investments in startup technology companies as part of accelerator program in coordination with a local university and capital investors.  Assisted with closing investments in more than a dozen program participants.

Managed Multiple International Patent Portfolios for Manufacturer

Provided development and strategic counsel oversight for multiple U.S. and international patent portfolios for commercially valuable products and systems of a multinational electrical product manufacturer for more than 20 years.

Multimillion-Dollar Environmental Litigation for Fortune 150 Company

Representation of Fortune 150 petroleum and pipeline corporation in third-party multimillion-dollar environmental litigation arising out of operation of petroleum refinery in Illinois. Claims involve assessment of damages and assignment of third-party liability under the Illinois Environmental Protection Act and Illinois Contribution Act.

Co-counsel in Bioenergy Companies' Chapter 11 Bankruptcy

Served as co-counsel to global bioenergy companies in Chapter 11 bankruptcy proceedings.

Secured Withdrawal of OSHA Citations for Manufacturing Client

Defended company that received two willful citations under OSHA lead standard when manufacturing with leaded brass.  OSHA withdrew both willful citations.

Secured Withdrawal of OSHA Citations Relating to Hexavalent Chrome Standard

Defended company that received 14 citations under OSHA's hexavalent chrome standard, including alleged exceedance of PEL. OSHA withdrew 12 of 14 citations.

Trial Win for Telecommunications Client on Tortious Interference Claims

Won at two-week trial for a major telecommunications company in the U.S. District Court for the District of Minnesota on tortious interference claims against an entity that had conspired with a local telephone company to engage in a traffic pumping scheme. The judgment entered in our client's favor approximated $2 million, and the Eighth Circuit affirmed the decision.

Defeated Actions Against Oil Pipeline Company

Defeated actions for declaratory judgment and injunction in the Circuit Court of Franklin County, Missouri, that permitted the clearing of properties for an oil pipeline in an upscale residential community in 2016.

Filed Suite of Patents for Next-Gen Technology for Multinational Company

Obtained a suite of more than 10 patents for newly developed, next-generation technology, establishing a broad wall of protection not just for the new technology as practiced by the client, but also for white space between competitor technology and the new technology.

Secured Condemnation Ruling in Multi-State Oil Pipeline Construction Matter

Secured judgment of condemnation in connection with the construction of an oil pipeline spanning from Illinois to Oklahoma in 2013.

$200 Million Senior Secured Noted Offering for Coal Mining Company

Represented coal mining company as issuer’s counsel in $200 million underwritten offering of senior secured notes.

Obtained Judgment and Permanent Injunction for Oil Pipeline Company

Served as trial counsel in actions for declaratory judgment and permanent injunction arising from disputes over an easement. Obtained judgment for oil pipeline company that permitted clearing of easement for oil pipeline in 2012.

Represented International Bank Energy Lending Division in Oil and Gas Exploration Claims

Represented international bank energy lending division, operators and landowners in litigation of claims arising from oil and gas exploration, production and transportation, including injury, property damage, environmental and other regulatory violations.