Experience

Sale of Superfund Site

Counseled a mining company through the rare sale of a federal Superfund site, an 1,800-acre former cobalt mine. This included securing a collateralized walk-away indemnity for the client, handling the real estate components and assisting with the relationship with another responsible party for the cleanup during the transaction.

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.

Dismissal of Environmental Claims Against Energy Client

Obtained dismissal of environmental claims against a client in the energy industry. Because the lawsuit in question was filed after the client filed its Chapter 11 reorganization plan, the U.S. Bankruptcy Court granted the client’s motion to enforce the release and injunction provisions in the confirmed plan. As a result, the court dismissed the causes of action with prejudice.

Counsel to Unsecured Creditors Committee for Provider of Computer Services

Served as counsel to the unsecured creditors committee for a provider of computer services in its Chapter 11 bankruptcy proceedings.

Favorable Resolution in Wage Dispute

Represented wireless infrastructure contractor in wage dispute brought by former employee. Handled all phases of pretrial litigation, including motion practice and depositions of key witnesses. Obtained favorable resolution, saving the client hundreds of thousands of dollars.

Reduced Penalties for Dairy Farm in Fatalities Following OSHA SVEP Placement

Defended dairy farm in two separate fatality cases that resulted in repeat OSHA citations and placement on OSHA SVEP.  At conclusion of negotiation, company was removed from SVEP and penalties were cut by 75 percent.

Licensure for Client in Medical Marijuana Industry

In an intensely competitive process, we assisted our client in preparing detailed applications for licenses to grow and dispense medical marijuana, pursuant to Illinois’s Compassionate Use of Medical Cannabis Pilot Program Act. Over 370 applications were filed in Illinois for just 81 licenses. Our client was awarded a license to operate a medical marijuana dispensary in suburban Chicago.

No Prosecution for Client in Multiple Fatality Case Referred to the U.S. Attorney

Defended a company in a multiple fatality case that resulted in an OSHA referral to the U.S. Attorney for prosecution. After meeting with the U.S. Attorney, no prosecution resulted. 

No Willful Violations in Case Involving Availability of Rescue Boat

Defended company in OSHA evidentiary hearing involving facility and availability of rescue boat. The Administrative Law Judge determined violation was not willful.