CERCLA, Property Damage and Personal Injury Claims Demystified
Overview:The Knowledge Group has assembled a panel of key thought leaders to provide the audience with an in-depth analysis of CERCLA in relation to property damage and personal injury claims which are currently under the scrutiny of the Supreme Court.
In a two-hour live webcast, the speakers will discuss:
- Relationship between CERCLA and State Law Toxic Tort causes of action
- Discussion on Recent Cases (i.e. CTS Corporation v. Waldburger, et al, Harris v. Bristol-Myers Squibb Co., and Chubb Custom Insurance Co. v. Space Systems Loral, Inc., et al.)
- Application of State or Federal Discovery Rule in Accrual of State Law Claims
- Jurisdictions with Statutes of Repose Preserved by CTS decision
- Best Practices for Plaintiff and Defendant in Applying CERCLA Statute of Limitation
Ropes & Gray LLP
- Discussion of CERCLA Section 9658
- Review of the facts, holding and rationale of the Supreme Court’s recent decision in CTS Corporation v. Waldburger
- Discussion of states in which CTS decision will have an impact on plaintiffs’ rights
- Discussion of how Section 9658 affects accrual of tort claims in states where CTS will have no impact
- How CTS might affect corporate behavior and M&A due diligence practice
Hunton & Williams LLP
- Litigation perspective
Who Should Attend:
- Environmental Litigation Attorneys & Related
- Tort Lawyers
- In-house Counsel
- General Counsel
- Environmental Practitioner
- Other Related Professionals
Peter Alpert represents industrial, institutional, financial, developer and municipal clients on a broad range of environmental and land-use matters. He has represented institutions and developers in the permitting of large-scale real estate development projects in Massachusetts. His permitting experience spans the full range of entitlement programs, including zoning, wetlands, historic preservation, transportation, endangered species, water management and water supply, and federal and state environmental impact review. A substantial part of Peter’s practice is devoted to federal and state superfund matters, including the negotiation and administration of CERCLA consent decrees, the implementation of institutional controls, settlement of cost recovery and property damage claims, and the design and implementation of privatized response actions under the Massachusetts Contingency Plan, including two of the largest MCP-driven cleanups ever performed. He has represented numerous industrial and institutional clients in defense of federal and state environmental enforcement actions initiated pursuant to federal and state air, water, hazardous waste management, and wetlands laws. Peter also advises corporate clients on environmental issues that arise on both the buy and sell side during private equity and merger and acquisition transactions, including the management of preemptive due diligence activities, structuring of environmental representation and warranties, and the use of environmental insurance to manage governmental and third party risk associated with active and legacy properties.
Peter Alpert represents industrial, institutional, financial, developer and municipal clients on a broad range of environmental and land-use matters. He …
Belynda Reck is a partner in Hunton & Williams LLP whose practice focuses on environmental, product liability and complex business matters. She specializes in toxic tort, global warming, 17200 (unfair business practice), CERCLA, RCRA and other environmental and products liability matters in state and federal court. Belynda has litigated environmental matters arising from a variety of operations, including landfills, petroleum refineries and manufacturing facilities. In addition, she has successfully tried to jury verdict several product liability cases for an international pharmaceutical company.
A graduate of the University of Southern California School of Law, Belynda was named as one of the “Top 75 Women Litigators in California and was twice named as one of the “Top 100 Women Litigators in California” by the Los Angeles Daily Journal, and has been consistently ranked as a California "Super Lawyer” for her environmental practice.
Belynda Reck is a partner in Hunton & Williams LLP whose practice focuses on environmental, product liability and complex business …
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Method of Presentation:
NASBA Field of Study:
Specialized Knowledge and Applications
NY Category of CLE Credit:
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About Ropes & Gray LLP
When clients come to Ropes & Gray, they find a global team of more than 1,100 professionals, whose top-notch skills, varied backgrounds and unique perspectives can help them meet high-stakes challenges, solve complex problems and reach their goals. Many of the world’s most respected companies and institutions are longtime clients. We also serve many organizations (and investors and individuals) at all stages of the business life cycle, from start-ups to establishment as industry leaders. The firm has offices in New York, Washington, D.C., Boston, Chicago, San Francisco, Silicon Valley, London, Hong Kong, Shanghai, Tokyo and Seoul, and has consistently been recognized for its leading practices in many areas, including real estate, private equity, M&A, life sciences, health care, finance, investment management, hedge funds, tax, bankruptcy & business restructuring, intellectual property, litigation, securities litigation, and government enforcement.
About Hunton & Williams LLP
Hunton & Williams LLP provides legal services to corporations, financial institutions, governments and individuals, as well as to a broad array of other entities. Since our establishment more than a century ago, Hunton & Williams has grown to more than 800 lawyers serving clients in 100 countries from 19 offices around the world. Our practice has a strong industry focus on real estate, energy, financial services and life sciences, and our experience extends to practice areas including commercial litigation, regulatory law, products liability, bankruptcy and creditors’ rights, corporate transactions and securities law, intellectual property, international and government relations, and privacy and cybersecurity. For additional information visit our website at www.hunton.com.