FirstName | LastName | Company | Address | City | State | Zip | Phone | PhoneExtension | MobilePhone | ContactFirstName | ContactLastName | CPEmail | CPPhone | CPPhoneExtension | CPMobilePhone | Panelists | Qualifications | IndustrySpeaker | PastTopics | Topics | Preparation | Attachment | Attachment2 | Attachment3 | Attachment4 | Attachment5 | Attachment6 | AcceptDeadlines | |
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FirstName | LastName | Company | Address | City | State | Zip | Phone | PhoneExtension | MobilePhone | ContactFirstName | ContactLastName | CPEmail | CPPhone | CPPhoneExtension | CPMobilePhone | Panelists | Qualifications | IndustrySpeaker | PastTopics | Topics | Preparation | Attachment | Attachment2 | Attachment3 | Attachment4 | Attachment5 | Attachment6 | AcceptDeadlines | |
Mark | Behrens | X | X | X | X | X | 5555555555 | 5555555555 | james.hogan@elamusa.com | Mark Behrens panel- already agreed to speak with panel- on agenda | Mark Behrens panel- already agreed to speak with panel- on agenda | Yes | Mark Behrens panel- already agreed to speak with panel- on agenda | Mark Behrens panel- already agreed to speak with panel- on agenda | Yes | Yes | |||||||||||||
Michael | Aylward | X | X | X | X | X | 5555555555 | 5555555555 | james.hogan@elamusa.com | Michael Aylward- will be approached by Ryan as we have seen him on a few conference agendas this year | Michael Aylward- will be approached by Ryan as we have seen him on a few conference agendas this year | Yes | Michael Aylward- will be approached by Ryan as we have seen him on a few conference agendas this year | Michael Aylward- will be approached by Ryan as we have seen him on a few conference agendas this year | Yes | Yes | |||||||||||||
Judge | McWilliams | X | X | X | X | X | 5555555555 | 5555555555 | james.hogan@elamusa.com | Judge McWilliams/Judge Stack/Cook County panel- agreed to speak (Tony and Scott talking with Judges) | Judge McWilliams/Judge Stack/Cook County panel- agreed to speak (Tony and Scott talking with Judges) | Yes | Judge McWilliams/Judge Stack/Cook County panel- agreed to speak (Tony and Scott talking with Judges) | Judge McWilliams/Judge Stack/Cook County panel- agreed to speak (Tony and Scott talking with Judges) | Yes | Yes | |||||||||||||
Nicholas | Rigano | Rigano LLC | 538 Broad Hollow Road, Suite 301 | Melville | New York | 11747 | 516-241-4543 | 516-241-4543 | nrigano@riganollc.com | Nicholas Rigano Rigano LLC (516) 241-4543 nrigano@riganollc.com | See bio here: https://www.riganollc.com/attorneys/nicholas-c-rigano/ | Yes | New York State Bar Association - multiple conferences from 2020 to the present on PFAS, various drinking water contaminants, remediation and offshore wind | EPA's draft risk assessment for formaldehyde, regulatory environment for ethylene oxide, litigation/coverage/regulatory/remedial issues with PFAS. | Yes | 2023/04/Nick-Bio.pdf | Yes | ||||||||||||
Peter | Kelso | Roux | 3330 Washington Boulevard | Arlington | VA | 22201 | 17032978914 | 610-304-6699 | pkelso@rouxinc.com | Peter Kelso, Principal, Economic & Complex Analytics (ECA), Roux, 610-304-6699, pkelso@rouxinc.com Ryan Gillespie, Manager, Environmental Claim Unit, Nationwide Indemnity Company, (630) 795 -4140, Giller1@nationwide.com Steven Hart, Partner, Hart McLaughlin & Eldridge, 312-955-0545, shart@hmelegal.com David Fusco, Partner, K&L Gates, 412-355-6361, david.fusco@klgates.com Catie Boston, Principal Scientist, Roux, 781-569-4000, cboston@rouxinc.com | All speakers have 10-20 years of industry experience and have spoken at numerous other industry events | Yes | Yes, FETTI, Perrin, DRI, ABA, etc. on topics ranging from asbestos, EtO, bankruptcy, talc, glyphosate, opioids, lead, environmental contamination and reserving, ESG, etc. | Ethylene Oxide: Examining the Science & Regulations Driving EtO Litigation 1. Overview of historical state and federal regulations of EtO 2. Understanding the latest EPA standards 3. Update on litigation against sterilization facilities and other defendants 4. Alleged diseases, plaintiff allegations and defenses 5. The scientific debate over EtO exposures 6. What’s your policy? Insurance coverage issues Moderator: Peter Kelso, Principal, Roux, Arlington, VA Ryan Gillespie, Manager, Environmental Claims Unit, Nationwide Indemnity Company, Chicago, IL Steven Hart, Partner, Hart McLaughlin & Eldridge, Chicago, IL David Fusco, Partner, K&L Gates, Pittsburgh, PA Catie Boston, MPH, DABT, Principal Scientist, Roux, Burlington, MA | Yes | Yes | |||||||||||||
Konrad | Krebs | Clyde & Co US LLP | 150 California Street | San Francisco | California | 94111 | 2159605263 | 2159605263 | konrad.krebs@clydeco.us | Konrad R. Krebs, Clyde & Co US LLP, 215-960-5263, konrad.krebs@clydeco.us Yvonne Schulte, Clyde & Co US LLP, 213-358-7624, yvonne.schulte@clydeco.us Rebecca Duboff, AXIS Capital, 908-723-7645, rebecca.duboff@axiscapital.com Dean Seman, Bardsley Law, 610-934-2598, dseman@bardsleylawfirm.com | Yvonne Schulte has been representing insurance companies in complex coverage disputes, including bad faith litigation, for over 15 years. She advises her clients on claims under commercial general liability, directors and officers, managed care, errors and omissions, and excess and umbrella policies. Yvonne has additional expertise with environmental policies, including pollution liability and cost cap policies. In addition to representing insurers, Yvonne has extensive practice defending companies in employment and other commercial disputes. Her range of experience includes cases involving legal malpractice, agent and broker liability, products liability and environmental law. Yvonne litigates cases in both state and federal courts throughout California, including cases on appeal before the California Courts of Appeal and the Ninth Circuit Court of Appeals. She also regularly represents clients in mediations and arbitrations. Konrad Krebs is a commercial trial and appellate lawyer representing insurance carriers and businesses in complex commercial, insurance, and bad faith litigation, particularly when a dispute involves large exposures or emerging issues of law likely to impact future industry disputes. He advises insurers in complex coverage litigation and disputes under all types of policies, including directors' & officers', errors and omissions, employers’ liability, professional liability, excess, commercial general liability, cyber, and first-party policies. Konrad also frequently represents insurers in mass tort bankruptcies and multidistrict litigation and has been involved in a variety of adversary proceedings in bankruptcy court. Apart from his work for insurers, Konrad has also represented corporate clients and corporate officers in litigation arising out of myriad commercial disputes, and has secured successful outcomes for clients in state and federal courts throughout the country. Rebecca Duboff is a senior claims specialist at AXIS Capital based in New York, focusing on design professional and environmental claims. Prior to AXIS she worked for another carrier, and practiced as a coverage attorney representing insurers and reinsurers for nearly a decade. Dean Seman is a civil litigator and problem solver at Bardsley Law, LLC based in Berwyn, Pennsylvania. Dean, a former environmental engineer, uses his technical and legal training and experience in the representation of environmental professionals, architects, engineers and contractors. He practices in Pennsylvania and New Jersey. | Yes | EECMA - Climate litigation trends Coverage College - Insurance Mediation | Climate change litigation and coverage | Yes | 2023/04/Climate-Change-Presentation-Proposal-4.14.2023.docx | Yes | ||||||||||||
Jase | Hixson | August Mack Environmental | 1302 N Meridian St, Suite 300 | Indianapolis | IN | 46202 | 317.916.8000 | 3709 | 217.251.9094 | jhixson@augustmack.com | Speaker 1: Name: Jase Hixson, Ph.D. Company: August Mack Environmental Phone: 317.916.8000 Email: jhixson@augustmack.com Speaker 2: Name: Brianna J. Schroeder, J.D. Company: Janzen Schroeder Agricultural Law LLC Phone: 262.705.6420 Email: schroeder@aglaw.us | Jase Hixson, Ph.D. Qualifications: Years In Industry: 5 years Positions: Licensed Wastewater Operator, Technical Advisor, Hydrogeologist/Geologist, and Director of Water Resources Service Area. Specialized Experience: Operates and consults for industrial and municipal wastewater plants, optimizing biological treatment of wastewater. Has constructed and evaluated hundreds of surface water, groundwater, and coupled hydrologic models to assess the fate and transport of water and solutes. Has investigated dozens of sites to determine the nature and extent of contamination, and established remediation strategies and forecasts (contaminants of concern include PFAS, nutrients, harmful algal blooms, VOCs, acids, pesticides, herbicides, and wastewater-derived emerging contaminants.) Has developed environmental and paleoenvironmental reconstructions of freshwater systems to identify contamination sources and remediation criteria. Degrees: Ph.D. Environmental Science - Indiana University, Ph.D. Minor in Geology - Indiana University, B.S. Earth and Environmental Sciences/Geosciences/Physics - Indiana State University Other Qualifications: Class C - Certified Wastewater Operator, Class III - Certified Wastewater Operator Brianna J. Schroeder, J.D. Qualifications: Years in Industry: 14 years Positions: Attorney, Partner Specialized Experience: Works with state and federal regulators to resolve environmental and other regulatory challenges. Represents agricultural businesses in litigation and transactional matters. Litigates environmental lawsuits in state and federal court. Represents clients in regulatory matters. Conducts insurance defense for agricultural and environmental matters. Advise agricultural businesses and farms on employment law questions. Degrees: J.D. (Magna Cum Laude) - Valparaiso School of Law, M.S. International Commerce and Policy - Valparaiso University, B.A. (Cum Laude) - Carthage College Other Qualifications: Named an Indiana SuperLawyers Rising Star for 2014, 2016-2022. Named an Indiana SuperLawyer for 2023. American Agricultural Law Association Board Member. Indianapolis Bar Association Environmental Section President, 2023. Professional Scholarship Award, American Agricultural Law Association, 2021. Industry speaking events are found in the following question. | Yes | Jase Hixson, Ph.D.: - Alliance of Indiana Rural Water 2023 Spring Conference, Managing Industrial Wastewater Resources - Alliance of Indiana Rural Water 2022 Fall Conference, Low-Cost Optimization of the Biological Treatment of Wastewater - Association of SPEA Ph.D. Students, Importance of Spill Timing for Compounds with Time-Dependent Reaction Kinetics in Determining Environmental Risk - American Geophysical Union, Controls on the Environmental Fate of Compounds Controlled by Coupled Hydrologic and Reactive Transport - Crossroads Geology Conference, Tracking the Source of Anthropogenic Contamination Using Bio-Indicators - Geological Society of America, Predicting the Environmental Fate of Photolytic Compounds through Site-Specific Characterization Brianna J. Schroeder, J.D.: - Prop 12 Implications, Iowa Realtor Land Institute Conference, 2023 - Modern Agriculture Issues, Guest Lecturer at Indiana University Kelley School of Business, 2023 - Purdue Ag Career Pork Industry Panel, 2023 - Solar, Carbon, and Home Rule, Indiana Farm Bureau Land Use School, 2023 - Prop 12 and State Legislation Targeting Livestock, American Agricultural Law Association Annual Symposium, 2022 - Risk and Liability for Agricultural Clients, National Forum for Environmental & Toxic Tort Issues, 2022 - Solar Leases, Indiana Society of Farm Managers and Rural Appraisers, 2022 - Drainage Law, Indiana Farm Bureau Drainage School, 2022 - Federal Wetlands Law, Halfmoon Seminars, 2022 | Topic name: The Spreading, Fate, and Implications of Wastewater-Derived Emerging Contaminants In Our Food and Water Systems Outline/Abstract: Contaminants sourced from both human consumption and activities have been poorly characterized for decades. As a result, the presence of ubiquitous, recalcitrant, and toxic contaminants within our food and water systems poses a major threat to human and economic health. The path that many of these contaminants take to ultimately enter our food and water supplies is through our wastewater. As wastewater treatment plants are not typically engineered to treat emerging contaminants, contaminants commonly accumulate in biosolids or are discharged as effluent back into the environment. This talk will consider what happens to those contaminants found in biosolids, anaerobic digester digestate, and wastewater effluent, including pharmaceuticals and PFAS. We will discuss how biosolid disposal and reuse introduce legal implications previously absent for wastewater treatment plants, farmers, and landowners, as well as the effects wastewater impacts are having on our water resources and personal health. | Yes | Yes | ||||||||||||
Sandra | Gaurin | the Vertex Companies | 148 Shunpike Rd | Madison | New Jersey | 07940-2738 | 19082555381 | 19082555381 | sgaurin@vertexeng.com | Sara Brothers, Great American Insurance Group, Divisional Vice President, sbrothers@gaig.com, 646.584.8495 Robin Kelliher, USI insurance, Environmental Solutions - Group Counsel , robin.kelliher@usi.com, 908-420-3382 Brian Margolies, KAUFMAN BORGEEST & RYAN LLP, Partner, bmargolies@kbrlaw.com, 914.449.1010 | All panel speakers have more than 20 years of experience in environmental insurance including underwriting, claims and coverage counsel. | Yes | ClaimsXChange October 2022 on Environmental Insurance Claims trends "ripped from the headline" | "When it rains it pours… Mold, Stormwater and Sediment runoff Claims during Construction" Abstract of the panel presentation attached below | Yes | 2023/04/2023-FETTI-construction-claims-abstract.docx | Yes | ||||||||||||
Sidney | Degan | Degan, Blanchard & Nash | 400 Poydras St, Suite 2600 | New Orleans | LA | 70122 | 5045293333 | 5043881072 | sdegan@degan.com | N/A | Sidney W. Degan, III is the managing partner of Degan, Blanchard & Nash. He is a national lecturer on numerous issues, including environmental and toxic tort litigation, insurance coverage, and liability defense. Mr. Degan received his undergraduate degree from the University of New Orleans in 1977 and his J.D. from Tulane University School of Law in 1980. He is a member of the Louisiana, New Orleans, Federal and American Bar Associations, Maritime Law Association of the United States, Louisiana Association of Defense Counsel, and the Defense Research Institute, Inc. | Yes | Mr. Degan is a regular, national speaker on many environmental and insurance issues involving both coverage and defense. Some of his most recent engagements include the National Forum for Environmental & Toxic Tort Issues FETTI 2022 Conference, the Primerus Products Liability Symposium in Chicago, Illinois (during which he gave a presentation on Environmental Additional Insured claims and Vendor Endorsements), a recent National Professional Liability Seminar (in which he presented on issues involving settlement ethics), and The Atlanta Mariners’ Club (where he was a featured speaker on developments in Environmental Admiralty Law). He was also the featured speaker for AM Best’s National Podcast on the complex tri-partite relationship that exists between insurers and insureds. Mr. Degan has also been on several panels at conferences held by the CLM including transportation, insurance and fraud. | Mr. Degan proposes discussing the water rights and regulation. | Yes | 2023/04/Speaker-Bio.doc | 2023/04/PROPOSAL-FOR-FETTI-2023-CONFERENCE.docx | Yes | |||||||||||
John | McMeekin | Rawle & Henderson LLP | 719 Haviland Dr | Bryn Mawr | PA | 19010 | 2153709626215-575-4324 | 2153709626 | jmcmeekin@rawle.com | This will be a panel presentation | I have been practicing in the area of environmental law and toxic torts since 1990. I have represented defendants in class actions, mass torts and individual torts involving water contamination and nuisance cases. I am (formerly) haz-mat certified. I have spoken previously at FETTI, ABA, DRI, Mealeys, Perrin and a guest lecturer at Temple University - Tokyo Campus School of Law as well as at Nihon University. I also represent generic drug manufacturers foreign and abroad in US mass tort drug litigation. | Yes | FETTI - Multiple ABA - Multiple DRI - Multiple CLM - Multiple | I am proposing several topics which may be of interest: 1. Weaponizing Public Nuisance claims - What we have learned from the Opioid litigation (panel discussion) 2. Gong off the rails - The risks and realities of interstate transporting of hazardous materials by rail (panel discussion) 3. Class action - First to file, first to get paid: Litigating the seemingly nuisance classes in water impact cases (panel discussion) 4. Federal Preemption for generic drug manufacturers: Distinctions and commonalities between retailers, contract manufacturers and generic manufacturers 5. It has asbestos because the Plaintiff says it does: Combating the presumption of asbestos content (panel discussion) 6. Inference upon inference - Defending against OEM supplier claims for lack of warnings - What happened to the sophisticated purchaser doctrine 7. Statute of Repose - Developments in the law 8. The Supreme Court has spoken - Analysis of the Mallory opinion and the impact on national mass tort cases (Panel discussion) 9. Using the Hague Service and Discovery treaties to the maximum benefit | Yes | Yes | |||||||||||||
Jennene | Lyda | Antea Group | 18378-B Redmond Way | Redmond | WA | 98052 | 406 855 4063 | 406 855 4063 | jennene.lyda@anteagroup.us | Bryan | Taylor | bryan.taylor@anteagroup.us | 4252609321 | 4252609321 | Seth Kagen, Assistant Vice President at Aspen Insurance, 914.355.6027, seth.kagan@aspen-insurance.com We are waiting to hear from several of our legal partners, and intend to have a lawyer on the panel. | Jennene Lyda M.S., CSP, CIH has 10 years of industry experience. Jennene is a Safety and Health Consultant and Industrial Hygienist aiming to improve workplace health and safety across all industries for her clients. Her expertise includes hazard identification and abatement strategies, safety and health management program design, data analysis and interpretation, and the development and implementation of hazard controls. Jennene has supported insurance clients with IH support around the globe and currently serves as the Industrial Hygiene Service Line Leader at Antea Group. Seth Kagan, Esq. has 10+ years of experience in the insurance and legal industries. He has been involved in the claims side of the insurance industry since 2017, handling environmental claims of varying severity, including premises liability, contractor pollution liability, storage tank liability, professional liability, and general liability issues, among others. He is currently the AVP of Environmental Claims for Aspen Insurance. | No | Neither of the committed panelists has spoken on fentanyl or methamphetamine claims; however, both panelists are currently providing technical expertise (Jennene) or managing (Seth) active claims. | The panel is proposing to present on Fentanyl and Methamphetamine Contamination Mitigation and Claim Management • Exposure risks to fentanyl-contaminated environments • Processes for testing to determine fentanyl contamination • Abatement procedures and post-clearance determination • Lessons learned from fentanyl and methamphetamine claim management • An underwriting perspective, and finally • Legal decisions and EPA Guidance. | Yes | Yes | ||||||||
Hilary | Robinson | Gradient | 1 Beacon St, 17th Floor | Boston | MA | 02108 | 617-395-5032 | 301-758-1427 | hrobinson@gradientcorp.com | Matt Walker Associate Lathrop GPM LLP 155 North Wacker Drive, Suite 3000 Chicago, IL 60606-1787 Direct: 312.920.3364 Mobile: 630.621.5714 matt.walker@lathropgpm.com | Ms. Robinson is a licensed environmental engineer with over 13 years experience in exposure reconstruction and the evaluation of chemical fate and transport processes, particularly related to large-scale chemical releases with multi-media impacts and/or emerging contaminants. She conducts ecological, occupational, and public health evaluations for contamination- and incident-related exposures. Ms. Robinson has provided technical support for toxic tort, cost liability/allocation, and CERCLA projects that span across many industries, environmental media, and contaminants, including oil, per- and polyfluorinated substances (PFAS), radionuclides, polychlorinated biphenyls (PCBs), polycyclic aromatic hydrocarbons (PAHs), glycol ethers, and metals. Ms. Robinson previously led the Emerging Contaminants practice at RPS Ocean Science. She has several spill-related publications in Marine Pollution Bulletin and Marine Environmental Research, including validating the oil fate and mass balance of the Deepwater Horizon oil spill and developing a comparative risk assessment (CRA) for spill response and subsea dispersant application. This CRA approach was documented as the first-of-its-kind in the 2020 National Academies publication on "The Use of Dispersants in Marine Oil Spill Response." ----------------- Matt’s practice includes all areas of environmental law, including litigation, regulatory compliance, and advising on environmental issues in corporate transactions. He draws on his past experience working for environmental regulatory agencies to advise clients on environmental matters under federal and state law. Matt specializes in the defense of environmental citizen suits under the core environmental laws such as the Clean Air Act, Clean Water Act, and the Resource Conservation and Recovery Act; federal and state regulatory enforcement involving solid waste, wastewater and drinking water; and single party and class action toxic tort lawsuits. Matt has significant experience advising clients in litigation matters involving emerging contaminants such as PFAS and crisis response, investigation and remediation, enforcement defense, and government relations from environmental releases. Matt's environmental regulatory work involves managing complex site investigation and remediation projects, including complex CERCLA sites across the country, permit modifications, and compliance counseling and enforcement disputes. Relying on his technical background in environmental science, he regularly works closely with technical consultants to guide decision making in litigation and regulatory compliance. Prior to joining Lathrop GPM, Matt served as an Assistant Attorney General with the Environmental Bureau of the Illinois Attorney General's Office where he litigated environmental enforcement matters. | Yes | Ms. Robinson's relevant speaking engagements • Robinson, H; Gardiner, W; Wenning, R; Rempel‐Hester, MA. 2017. "Spill impact mitigation assessment framework for oil spill response planning in the Arctic environment." International Oil Spill Conference, Long Beach, CA, May 15-18. • Robinson, H. 2017. "Comparative risk assessment of spill response options for a deepwater oil well blowout." Presented to stakeholder engagement session with American Petroleum Institute and invited participants, Houston, TX, August 16-17. • Robinson, H; Leitz, E. 2022. "Risk and Liability – PFAS Mitigation and Managing Liabilities." Webinar organized by Regenesis, November 17. • Robinson, H. 2022. "PFAS – Which Risk Where Means What?" Co-chaired webinar organized by Environmental Business Council of New England, Emerging Contaminants committee, May 10. • Robinson, H. 2021. "PFAS Update – Shifting Regulatory Tides in the Ocean State." Co-chaired webinar organized by Environmental Business Council of New England, Rhode Island committee, October 29. • Robinson, H. 2023. "Anthropogenic Backgrounds Across New England States." Moderated 4th Annual PFAS Seminar of Environmental Business Council of New England, Westborough, MA, February 7. ----------------- Mr. Walker's relevant speaking engagements • PFAS Update for the Environmental Practitioner: What’s in Store for 2023? - Illinois State Bar Association’s Annual Environmental Conference (Expected May 11, 2023) • From the Headlines: Crisis Management for Catastrophic Releases – Air and Waste Management Conference (Expected May 24, 2023) • PFAS & Food Packaging – What Franchisors and Restaurant Chains Need to Know (August 10, 2022) • PFAS & Cosmetics – What the Personal Care Products Industry Needs to Know (March 15, 2022) • State of Litigation Virtual Event Series - PFAS & Insurance Considerations (June 23, 2022) • PFAS Update for the Environmental Practitioner - Illinois State Bar Association’s Annual Environmental Conference (May 13, 2022) • Developments in Federal and Illinois Environmental Law (September 17, 2021) • PFAS – Emerging Contaminants of Concern - Illinois State Bar Association’s Annual Environmental Conference (May 13, 2021) • Exploring PFAS in Food (May 5, 2021) | Please accept the attached proposal on behalf of Matt and myself, to be considered as a co-presentation on the topic of crisis response. Matt and I have collaborated on best practices for managing legal and environmental risks after spills, and we would be thrilled to present our work to the FETTI audience. | Yes | 2023/04/Proposal_Robinson-and-Walker_Re-Crisis-Response.pdf | 2023/04/Robinson_CV.pdf | Yes | |||||||||||
Rob | Petti | Maron Marvel Bradley Anderson & Tardy LLC | 191 North Wacker Drive, Suite 2950 | Chicago | IL | 60606 | 312-579-2021 | 312-767-1314 | rpetti@maronmarvel.com | Asia | Dockery | adockery@maronmarvel.com | 3024721783 | 8482524349 | N/A | - Vice Chair of the Chicago Bar Association’s Environmental Committee 2022-2023 - B.S. in Environmental Management from Western Michigan University - Regularly publishes articles surrounding environmental and toxic tort matters | Yes | Speaker, “Where is PFAS Litigation Going in 2023 and Who is Impacted?” Perrin Conferences Virtual PFAS Litigation and Regulatory Developments Conference, February 19, 2023.Speaker, “Stay on Environmental Justice,” Perrin Environmental Risk & PFAS Litigation Conference, June 14, 2022.Speaker, “Current Litigation and MDL Status Update,” Perrin Impact of PFAS on Environmental Litigation Conference, January 13, 2022. Speaker, “Environmental Reopeners – Strategies to Managing Risk and Impacts,” Perrin Environmental Risk & Litigation Conference, 2019. Speaker, “Trump Administration Impacts on Environmental Laws,” Perrin Environmental Risk & Litigation, 2018. LawCo-Chair/Moderator – Air & Waste Management Association, Air Quality Management Conference, 2018. Speaker, “Lead, Vapor Intrusion & Groundwater Contamination,” Perrin Environmental Risk & Litigation Conference, 2017. Speaker, Claims Litigation Management Webinar: Vapor Intrusion Regulatory Updates. | **RESUBMITTED DUE TO COMPUTER ERROR ON USER END** The Rise of Environmental Justice Programs on Federal and State Levels Environmental justice programs address the disproportionate environmental burdens and risks faced by disadvantaged communities, often caused by the uneven distribution of environmental hazards such as pollution, toxins, and waste sites. These programs seek to ensure that all individuals and communities have equal access to a healthy environment and to promote community involvement in environmental decision-making processes. Environmental justice programs can have a significant impact on environmental insurance programs by increasing the likelihood of claims and lawsuits related to environmental harm suffered by disadvantaged communities. This can lead to higher insurance costs and potential reputational risks for insurers that are perceived as not adequately addressing environmental justice concerns. As such, insurance companies may need to adjust their underwriting and risk management strategies to address the environmental justice issues and risks associated with the communities they serve. In some cases, insurance companies may also partner with environmental justice organizations to develop policies and programs that address these concerns, thereby creating opportunities for collaboration and innovation. | Yes | 2023/04/Robert-W.-Petti-Maron-Marvel-1.pdf | Yes | |||||||
Rob | Petti | Maron Marvel Bradley Anderson & Tardy LLC | 191 North Wacker Drive, Suite 2950 | Chicago | Illinois | 60606 | 312-579-2021 | 312-767-1314 | rpetti@maronmarvel.com | Asia | Dockery | adockery@maronmarvel.com | 302-472-1783 | 8482524349 | N/A | - Vice Chair of the Chicago Bar Association’s Environmental Committee 2022-2023 - B.S. in Environmental Management from Western Michigan University - Regularly publishes articles surrounding environmental and toxic tort matters | Yes | Speaker, “Where is PFAS Litigation Going in 2023 and Who is Impacted?” Perrin Conferences Virtual PFAS Litigation and Regulatory Developments Conference, February 19, 2023. Speaker, “Stay on Environmental Justice,” Perrin Environmental Risk & PFAS Litigation Conference, June 14, 2022. Speaker, “Current Litigation and MDL Status Update,” Perrin Impact of PFAS on Environmental Litigation Conference, January 13, 2022. Speaker, “Environmental Reopeners – Strategies to Managing Risk and Impacts,” Perrin Environmental Risk & Litigation Conference, 2019. Speaker, “Trump Administration Impacts on Environmental Laws,” Perrin Environmental Risk & Litigation Conference, 2018. Speaker, “Lead, Vapor Intrusion & Groundwater Contamination,” Perrin Environmental Risk & Litigation Conference, 2017. Speaker, Claims Litigation Management Webinar: Vapor Intrusion Regulatory Updates. | Environmental Justice Programs on the rise at federal and state levels. - How is environmental justice (EJ) evolving and who is it including? - How is EJ increasing its role in environmental impact assessment, compliance and remedies? - What is the role of EJ in ESG reporting and metrics? | Yes | 2023/04/Robert-W.-Petti-Maron-Marvel.pdf | Yes | |||||||
Brian | Gross | MG+M The Law Firm | 125 High Street, Oliver Street Tower, 6th Floor | Boston | MA | 02110 | 617 670 8519 | 617 413 5485 | bgross@mgmlaw.com | Brian D. Gross MG+M The Law Firm 617-670-8319 bgross@mgmlaw.com Max Swetman MG+M The Law Firm 504-799-0502 mswetman@mgmlaw.com | Brian Gross has an exceptional track record of finding client-oriented solutions to complex legal issues. Drawing on two decades of courtroom experience, he handles a broad spectrum of litigation, including environmental litigation, products liability, asbestos and other toxic tort litigation, and business disputes for clients across the United States. He is accomplished in the defense of both conventional and novel claims, including those involving per-and polyfluoroalkyl substances (PFAS). Brian also counsels clients concerning environmental contamination and potential liabilities that may arise from industrial, manufacturing and other processes. This includes the development of programs for compliance with federal, state and local environmental regulations and the formulation of plans to mitigate and/or recover costs associated with remediation activities. It also includes counseling companies concerning environmental issues for corporate transactions. Brian serves as National Coordinating Counsel for PFAS and other environmental claims relating to commercial airports across the United States for multiple insurance companies. He has also defended companies against environmental government enforcement actions, property damage claims, and personal injury litigation. In addition, he has counseled numerous companies concerning regulatory compliance, environmental contamination and litigation avoidance, as well as plans to mitigate and/or recover costs associated with remediation activities. Brian regularly speaks at conferences and continuing legal education events – recent speaking engagements include presentations related to PFAS at the Plastics Association Fluoropolymers Conference and Perrin Conferences’ Impact of PFAS on Environmental Litigation Conference, as well as to the Fluid Sealing Association. Brian is also scheduled to speak at the American Bar Association’s Toxic Tort & Environmental Law Spring Conference concerning PFAS and causation evidence. In addition, Brian is an industry leader in the space and has authored 11 pieces of thought leadership in the past year. Max Swetman's practice includes litigation and regulatory compliance counseling concerning a wide range of environmental laws. His litigation practice focuses on the defense of environmental, toxic tort, construction litigation, infectious disease counseling and litigation, COVID-19, and occupational disease claims alleging bodily injury and property damage. Max's technical background, with a Master of Science Degree in Environmental Sciences and Policy, as well as a Master of Public Health in Epidemiology, allow him to bring together legal, scientific, and medical teams to ensure the best possible defense of these claims. Max has extensive experience in the defense of cases involving wastes generated from oil and gas exploration, underground storage tanks, polychlorinated biphenyls, dioxins, polychlorinated dibenzofurans, pesticides, benzene, PFOA, PFAS, PFOS and other PFCs, other POPs, chemical mixtures, asbestos, silica, mold, talc, hearing loss, indoor air quality issues, due diligence audits, OSHA and other regulatory compliance. These claims have included the defense of property damage, groundwater and soil vapor contamination, personal injury, "fear of disease" and medical monitoring claims. He has represented clients in regional and national capacities and has investigated corporate client histories extending over a century into the past. On a national level, Max is often retained to reexamine defense strategies and develop new defenses based on environmental, epidemiological, and toxicological analyses for clients which have been in environmental and toxic tort litigation for decades. Max also counsels clients on issues of liabilities associated with environmental contamination and, looking forward, potential future liabilities that may arise from industrial, manufacturing, and other processes. This includes the development of programs for compliance with local, state and federal/national environmental regulations and the formulation of plans to meet future regulatory requirements in the United States, Canada, Latin America, and the European Union. His specialized training and experience allows him to provide a unique and immediate perspective to urgent environmental-legal problems which usually require extensive initial outside expert consultation. His background allows him to not only defend cases from the initial stages through trial, but also to consult with the manufacturing and industrial sectors as a pre-litigation advisor. As a consultant addressing environmental and health issues, he has traveled throughout the United States, Canada, Mexico, France, Germany and the Slovak Republic. | Yes | Brian has recently spoken at the following programs: • Impact of PFAS on Environmental Litigation Conference, Perrin Conferences, January 13, 2022 - PFAS in the Due Diligence Process and Regulatory Impacts of Those Changes • Plastics Fluoropolymers Conference, Plastics Industry Association, February 7, 2023 - What Moves Do You Make in a Universe of Uncertainty • Fluid Sealing Association PFAS Webinar, March 30, 2023 - Preparing for PFAS Litigation • Upcoming: ABA Spring Conference on Environmental Law, April 2023 - Bridging the Gap from Correlation to Causation for PFAS Max has recently spoken at the following programs: • Plastics Fluoropolymers Conference, Plastics Industry Association, February 7, 2023 - What Moves Do You Make in a Universe of Uncertainty • Fluid Sealing Association PFAS Webinar, March 30, 2023 - Preparing for PFAS Litigation | What Moves Do You Make in a Universe of Uncertainty? Products and materials that contain PFAS are beginning to come under state, federal and international regulation with much more expected in the coming months. In this session, MG+M Partners Brian Gross and Max Swetman will discuss the current uncertainty with respect to the way The Environmental Protection Agency (EPA) will regulate various PFAS chemicals concerning: • the maximum contaminant levels that EPA will propose; • how EPA and other regulatory bodies will define PFAS, and thus, which PFAS chemicals may be regulated; • which PFAS chemicals will be deemed hazardous substances under CERCLA; • legal challenges to proposed regulations; • the sufficiency of PFAS disease causation evidence; and • the viability of PFAS medical monitoring class actions. We will discuss best practices for dealing with these uncertainties, including steps companies can take to prepare for upcoming regulation and for the various types of litigation they are likely to face. In addition, we will discuss strategies for recovery of costs associated with PFAS investigation and remediation. | Yes | 2023/04/brian-gross-1.pdf | 2023/04/max-swetman-1.pdf | 2023/04/2023-Thought-Leadership-PFAS.pdf | 2023/04/2022-Thought-Leadership-PFAS.pdf | Yes | |||||||||
Jessica | La Londe | Duane Morris LLP | One Market Plaza. Spear Tower, Suite 220 | San Francisco | California | 94105-1127 | (415) 957-3225 | (415) 200-7564 | jelalonde@duanemorris.com | Christine Ross, Esq. Duane Morris LLP (415) 957-3124 ccross@duanemorris.com | Jessica La Londe (https://www.duanemorris.com/attorneys/jessicaelalonde.html#tab_Biography) - 20 years of insurance coverage experience, including in environmental and toxic tort areas - Attorney licensed in California and Washington State - Speaker, "Ethical Advocacy in Mediation. As Distinct From What You May Be Doing?" ABA 2019 Insurance Coverage Litigation Committee CLE Seminar, Tucson, Arizona, Feb. 28, 2019 - Speaker, "Don't You (Forget About Me): The Purpose, Force, and Effect of Insurance Policy Conditions (Notice, Voluntary Payments, and Cooperation) and Case Law Updates," American Bar Association Insurance Coverage Litigation Committee Seminar, Tucson, Arizona, March 5, 2016 Christine Ross: (https://www.duanemorris.com/attorneys/christinecusickross.html) - 12 years of insurance coverage experience, including in environmental and toxic tort areas - Attorney licensed in California - Speaker, "…And Three’s A Crowd: Joint Mediation of Plaintiff, Policyholder, and Insurer Disputes," ABA 2020 Insurance Coverage Litigation Committee CLE Seminar Roundtable, Tucson, Arizona, March 6, 2020. - Panel Speaker, "Insurance 101: Litigating a Bad Faith Claim," Bar Association of San Francisco CLE, San Francisco, California, December 10, 2019. | Yes | Jessica La Londe: - Speaker, "Ethical Advocacy in Mediation. As Distinct From What You May Be Doing?" ABA 2019 Insurance Coverage Litigation Committee CLE Seminar, Tucson, Arizona, Feb. 28, 2019 - Speaker, "Don't You (Forget About Me): The Purpose, Force, and Effect of Insurance Policy Conditions (Notice, Voluntary Payments, and Cooperation) and Case Law Updates," American Bar Association Insurance Coverage Litigation Committee Seminar, Tucson, Arizona, March 5, 2016 - Speaker, "Keeping the (Good) Faith: California Law on Insurer Bad Faith in Third Party Liability Cases," West LegalEdcenter, September 13, 2012 Christine Ross - Speaker, "…And Three’s A Crowd: Joint Mediation of Plaintiff, Policyholder, and Insurer Disputes," ABA 2020 Insurance Coverage Litigation Committee CLE Seminar Roundtable, Tucson, Arizona, March 6, 2020. - Panel Speaker, "Insurance 101: Litigating a Bad Faith Claim," Bar Association of San Francisco CLE, San Francisco, California, December 10, 2019 - Panel Speaker, "Insurance Coverage In The #metoo World," Bar Association of San Francisco CLE, San Francisco, California, October 16, 2019 -Panel Speaker, "How Could That (Not) Be Covered? Truthiness And Coverage For False Claims Act Liability," ABA 2019 Insurance Coverage Litigation Committee CLE Seminar, Tucson, Arizona, March 1, 2019 - Panel Speaker, “Mad Skillz: Professional Services Coverage & Exclusions in the High-Tech Era,” ABA Insurance Coverage Litigation Committee CLE Seminar, March 1, 2018 | A Tale of Two Costs: Are Environmental RI/FS Costs Defense or Indemnity? | Yes | 2023/04/FETTI-Outline.docx | Yes | ||||||||||||
Jack | Sheldon | Antea Group | 205 SE Spokane Street | PORTLAND | OR | 97202 | 515 971 8329 | 515 971 8329 | jack.sheldon@anteagroup.us | Kevin | McCarthy | kevin.mccarthy@anteagroup.us | 3605569742 | 3605569742 | Kevin Haas - Clyde and Co. Kevin.Haas@clydeco.us 973.210.6719 | Jack Sheldon, a remediation expert for Antea®Group, has 40 years of experience as a project manager and program director. He has specialized in the field application of various types of bioremediation and chemical oxidation/reduction systems, with personal involvement in 27 first-type remediation projects in their respective states. He has completed remediation projects in all 50 states and several locations abroad. Jack is the Site Assessment & Remediation service line leader for the firm. Jack has provided global remediation, microbiology, and regulatory negotiation services for many government and commercial clients on concerns of soil, sediment, air, and groundwater. His primary expertise has been in the identification/selection of remediation technologies for projects and the monitoring of those technologies. Jack is a subject matter expert in Antea Group’s PFAS service line, which provides clients updates and training on evolving PFAS information, completes sampling programs, and consults on strategies related to PFAS risk identification and mitigation. He is especially versed in conventional and new technologies for PFAS remediation. As a former paint and coatings microbiologist, Jack has unique expertise in formulation and polymer chemistry and leaching studies, which are important in understanding PFAS sources and risk of release to the environment. Jack has authored more than 100 technical papers/articles, two best-selling books on bioremediation, and delivered more than 100 major presentations/webinars. He has conducted seminars for many regulatory agencies and taught courses for the University of Minnesota, the University of Wisconsin, Rutgers - the State University, Drake University, and the MA/CT/NY Licensed Site Professionals (LSP) program. | Yes | PFAS - EECMA, PERRIN | Intentional verses Unintentional PFAS Sources and Insurance and Litigation Risk Management Abstract – PFAS are often added to a product to meet certain performance standards. PFAS are expected in these products. Litigation is straightforward in these cases where the source is known. Pollution Insurance coverage provisions is straightforward. On the flip side, PFAS has been discovered in a number of unexpected unintentional products. Tracing back to the source in a litigation regarding unintentional added PFAS results in a layer of complexity to litigation and insurance. This panel will cover the following questions: • What are examples of intentional and unintentional PFAS ? • What are the Insurers struggles with unintentional PFAS ? • What does litigation strategy look like for a civil suit for intentionally added PFAS products verses unintentional? • Why does unintentional PFAS occur? What regulations are on the horizon that will make reduce the potential for discovery of unintentional PFAS? | Yes | 2023/04/Resume-Sheldon-Jack.docx | Yes | |||||||
Audrey | Anyaele | Maron Marvel Bradley Anderson & Tardy LLC | 3 Second Street, Suite 202 | Jersey City | NJ | 07311 | 201-839-2067 | 201-369-0600 | AAnyaele@maronmarvel.com | Asia | Dockery | adockery@maronmarvel.com | 302-472-1783 | 848-252-4349 | Rob Dille Maron Marvel Bradley Anderson & Tardy LLC 504-321-9331 RDille@maronmarvel.com Hung K. Cheung, MD, MPH, FACOEM Cogency 888-361-8882 hungc@cogencyteam.com | Rob Dille - Managing member of the Maron Marvel New Orleans, LA office - Over 25 years of practice experience in toxic tort defense - Recognized in the 2021-2023 editions of The Best Lawyers in America for Mass Tort Litigation/Class Defendants - Speaker, “Key Strategies to Reducing Policyholder’s Exposure Webinar,” March 23, 2022. Dr. Hung K. Cheung, MD, MPH, FACOEM - Founder and President of Cogency - In demand as a lecturer in prevention and remediation | Yes | - Co-Chair, 2022 Environmental Risk & PFAS Litigation Conference, Perrin Conferences, New York, June 14, 2022. - Speaker, 2021 Environmental Risk & Litigation Conference, “Water and Wastewater Treatment and Emerging Contaminants”, Perrin Conferences, Virtual, June 29, 2021. | CANCER CLUSTER ANALYSIS AND CASE REVIEW - Defining Cancer Clusters - Discussing relevant suits - Examining legal considerations and insurance perspectives - Medical Expert Analysis o Epidemiology Review o Exposure Assessment o Human Risk Assessment o Conclusions/ Findings o Recommendations | Yes | 2023/04/Cancer-Cluster-Cheung-MM-Draft.pdf | 2023/04/Audrey-O.-Anyaele-Maron-Marvel.pdf | 2023/04/Rob-Dille-Litigation-Attorney-Maron-Marvel.pdf | 2023/04/Hung-K.-Cheung-MD-MPH-FACOEM-Cogency.pdf | Yes | ||||
Melissa | Hamer | Kroger, Gardis & Regas, LLP | 111 Monument Cir., 9th Floor | Indianapolis | IN | 46204 | 3176929000 | 3176620782 | mhamer@kgrlaw.com | N/A, though certainly open to presenting this topic with a panel | Attorney specializing in environmental law, recognized as a Super Lawyer in Indiana (top 2.5% in practice area) for the past five years (Environmental Litigation). Also, a Certified Hazardous Materials Manager, qualified environmental professional, and member of workgroups on environmental law topics, including PFAS. I have given numerous environmental law, due diligence, insurance, and PFAS continuing education talks. I also am a member of the Indianapolis Bar Association's Insurance Coverage Executive Committee, since 2020. | Yes | Midwestern States Environmental Consultants Association - Environmental law, PFAS, due diligence, and environmental risk presentations Indianapolis Bar Association - insurance coverage on construction issues and indemnification Indiana Professional Geologists - PFAS and associated regulatory issues Indianapolis Bar Association - planned for May 2023 - Insurance Coverage and pollution exclusion clauses in the PFAS context | A survey and exploration of pollution exclusion clauses in the context of PFAS contamination, including comparison of and issues raised in several states' decisions on pollution exclusions, particularly the "absolute" pollution exclusion, and how newly identified and regulated PFAS compounds could affect those decisions, given past dicta and decisions by the courts. | Yes | 2023/04/2023-3-Melissa-A-Hamer-bio.pdf | Yes | ||||||||||||
Ryan | Lewis | Benchmark Risk Group | 4096 Piedmont Ave., #179 | Oakland | CA | 94611 | 510-946-7174 | 313-550-0005 | ryan.lewis@benchmark-risk.com | Ryan Lewis, PhD, CIH Benchmark Risk Group 4096 Piedmont Ave., #179 Oakland, CA 94611 Office: 510-946-7174 Mobile: 313-550-0005 Email: ryan.lewis@benchmark-risk.com Joshua Wilson, Esq. BakerHostetler Key Tower, 127 Public Square, Suite 2000 Cleveland, OH 44114 Office: 216-861-7940 Mobile: 785-410-7080 Email: jwilson@bakerlaw.com | Dr. Ryan Lewis is a Managing Health Scientist with Benchmark Risk Group in Oakland, California and has been a Certified Industrial Hygienist (CIH) since 2011. He has more than 15 years of scientific consulting and research experience in the areas of exposure science, industrial hygiene, and environmental epidemiology. He has a Ph.D. in Environmental Health Sciences with majors in Exposure Assessment and Environmental Epidemiology from University of Michigan, and an M.S. in Environmental Health with a major in Industrial Hygiene from Harvard University. His work involves evaluations of human exposures and health effects in occupational and non-occupational settings and consumer and industrial product use scenarios. He has published over 25 peer-reviewed scientific papers, three of which concern the exposure science of ethylene oxide, and he has served on two scientific journal editorial boards and as an invited reviewer for over 20 scientific journals. He has authored or co-authored 20 scientific conference presentations and has lectured in the Department of Environmental Health Sciences at University of Michigan School of Public Health and the Comprehensive Industrial Hygiene Review Course at University of Michigan. Joshua Wilson is an associate at BakerHostetler, where he practices environmental law with a specialty in federal and state programs under the Clean Air Act, but his experience also involves a wide variety of regulations related to hazardous materials, waste, water and human health and safety. His practice includes defending toxic tort litigation, appellate litigation of administrative rulemakings, resolving administrative enforcement actions, navigating permitting and compliance obligations involved in business expansions, and holistically assessing and managing legal risks presented by business expansions, acquisitions or new regulatory developments. He has been heavily involved in ethylene oxide matters for various industry clients since 2019, including litigation, administrative enforcement, permitting, and risk mitigation. Prior to joining BakerHostetler, Josh practiced at the Office of the Texas Solicitor General, where he served as lead counsel in briefing and arguing several cases before state courts of appeals and the Texas Supreme Court, and drafted briefs on a variety of issues in the Fifth Circuit and the U.S. Supreme Court. He has a J.D. from the University of Chicago (2017) and is a member of the state legal bars of Illinois, Texas, and Ohio. | Yes | Dr. Lewis has spoken at the Association of Defense Counsel of Northern California and Nevada Toxic Torts Seminar, American Industrial Hygiene Conference and Exposition (conference of the American Industrial Hygiene Association), and PSX (conference of the Product Stewardship Society). These presentations have concerned standard methodology for counting asbestos fibers in air samples; characterization of inhalation and dermal exposure to ethanol from the use of floor cleaning products; and risk assessment of inhaled talc during consumer product use scenarios. He also spoken on exposure to magnetic fields and risk of adverse fertility events at several meetings of the Scientific Advisory Committees of the Electric Power Research Institute. In addition, he has lectured in courses at the Department of Environmental Health Sciences at University of Michigan School of Public Health and the Comprehensive Industrial Hygiene Review Course at University of Michigan. These presentations are listed in his current CV, which is included with the submission materials. Joshua Wilson has not previously presented at an industry event, but has presented on various environmental topics (most notably ethylene oxide, and topics related to compliance and implications of proposed steel industry regulations) before various government bodies including the U.S. Environmental Protection Agency, the U.S. Office of Information and Regulatory Affairs, and state environmental agencies in Illinois, Texas, Ohio, Georgia, and Arkansas. | We have developed a presentation on ethylene oxide (EtO) covering scientific and legal considerations. Specific scientific topics will include: 1) Pathways and sources of human exposure to EtO, 2) Limited utility of U.S. EPA’s risk-specific concentration for EtO, 3) Alternative EtO exposure metrics to inform risk communication and risk management efforts, and 4) Demonstration of alternative EtO exposure metrics using a large data set collected by Georgia Department of Environmental Protection and analyzed by Lewis et al. (2022). Specific legal topics will include: 1) Litigation related to EtO, 2) Developments in EtO regulations, 3) The practical relationship and interaction between actual legal requirements and risk metrics, and 4) Considerations in making business compliance and litigation risk decisions in the face of conflicting risk metrics. | Yes | 2023/03/EtO-papers-authored-by-RLewis.pdf | 2023/03/EtO-alerts-authored-by-JWilson.pdf | 2023/03/2023.03.31-JTW-BakerHostetler-Bio.pdf | 2023/03/Lewis-Benchmark-CV_10252022.pdf | 2023/03/Lewis-and-Wilson-bios.pdf | Yes | ||||||||
Philip | Watters | Rimkus Consulting Group Inc - Houston, TX | 12140 Wickchester Ln Ste 300 Houston, TX | Houston | TX | 77079 | 713-621-3550 | 713-417-3054 | prw@rimkus.com | Drew Silton, Principal, Beverage & Diamond PC, 202-789-6078 O, 919-636-1575, ASilton@bdlaw.com Philip Watters, PE, Principal Consultant, Rimkus Consulting Group, Inc. 713-621-3550 O, 713-417-3054 M, PRW@rimkus.com | Drew Silton, University of Virginia (B.A. 2008), Georgetown University (J.D., magna cum laude, 2011), Drew has been a practicing attorney for 12 years. His practice focuses on issues arising under the nation’s water quality laws and spans regulatory counseling, enforcement defense, and litigation. He is Co-Chair of the firm’s Water practice and represents clients from both the private and public sectors in matters arising under the Clean Water Act and state law. Drew advises clients in a variety of sectors, ranging from waste and stormwater utilities to companies in the renewable energy, information technology, oil and gas, and transportation sectors. Drew speaks frequently on water quality issues, including the following presentations: (1) “Top Clean Water Legal Developments of the Year” – National Association of Clean Water Agencies (NACWA) 2022 National Clean Water Law & Enforcement Seminar; (2) “Top Legal Developments of the Year for Utilities” – NACWA 2021 National Clean Water Law Seminar; (3) “Legal Issues Impacting Land Application: Critical Regulatory and Litigation Developments” – Water Environment Federation Residuals and Biosolids Conference 2022; (4) “Legal Risks to Collection Systems Posed by Clean Water Act Developments” – 2021 Chesapeake Tri-Association Conference; and (5) “Environmental Permitting and Due Diligence” – 2023 Energy in Transition: Scaling Renewables to Meet the Moment. Philip Watters, PE. Michigan Technological University, BS Chemical Engineering, 1969), University of Houston, (MBA, 1973). Phil began his engineering career with EXXON Chemical Company as a technical services engineer. His responsibilities included design, operations and performance monitoring of chemical plant wastewater systems and air emissions equipment. For the last 33 years, Phil has been a Rimkus Consulting forensic engineering specializing in energy industry environmental issues (timing, remediation and costs) for insurance companies and attorneys. Phil's recent speaking engagements have included: "Age Dating Environmental Releases," EECMA 2022, "Environmental Impact of President Bidens Climate Change Initiative on Agriculture," FETTI 2021, "Doing the Right Thing Avoiding Ethics Conflicts," EECMA 2021, "Regulatory Headwinds," DRI 2018. | Yes | Drew Silton speaks frequently on water quality issues, including the following presentations: (1) “Top Clean Water Legal Developments of the Year” – National Association of Clean Water Agencies (NACWA) 2022 National Clean Water Law & Enforcement Seminar; (2) “Top Legal Developments of the Year for Utilities” – NACWA 2021 National Clean Water Law Seminar; (3) “Legal Issues Impacting Land Application: Critical Regulatory and Litigation Developments” – Water Environment Federation Residuals and Biosolids Conference 2022; (4) “Legal Risks to Collection Systems Posed by Clean Water Act Developments” – 2021 Chesapeake Tri-Association Conference; and (5) “Environmental Permitting and Due Diligence” – 2023 Energy in Transition: Scaling Renewables to Meet the Moment. Philip Watters has been a prolific speaker at both national and international insurance and legal industry organizations. In addition, Phil routinely provides Continuing Education seminars for insurance claims professionals and Continuing Legal Education seminars for attorneys. Over his career, Philip has given well over 200 presentations. Topics have ranged from environmental issues involving hydraulic fracturing, underground storage tank releases/cleanups, subrogating environmental claims, MTBE, perchlorates, controlling remediation costs, etc. | "Resurfacing the Waters of the United States (WOTUS) Litigations and Related Claims." | Yes | 2023/03/andrew-c-silton.pdf | 2023/03/WATTERS-Philip-R.-.pdf | 2023/03/2023-03-31-FETTI-Outline-Silton-Watters.docx | 2023/03/Beverage-and-Diamond-WOTUS-Article-2023.pdf | Yes | |||||||||
William (Bill) | Joern | Hinkhouse Williams Walsh LLP | 180 North Stetson Avenue, Suite 3400 | Chicago | IL | 60601 | 312-784-5465 | 312-784-5465 | wjoern@hww-law.com | Shavonne | Gordon | shavonne.gordon@anteagroup.us | 614-806-1033 | 614-806-1033 | Panel, to include 3 people: 1. William (Bill) Joern, Hinkhouse Williams Walsh LLP, 312-784-5465, wjoern@hww-law.com 2. Bob Karls, Antea Group, 612-850-3811, bob.karls@anteagroup.us 3. 3rd panelist, yet to be determined; possible USEPA Region 5 regulator, industry specialist, or additional attorney | 1. Bill Joern: Bill is a partner at Hinkhouse Williams Walsh LLP in Chicago and focuses his practice on the representation of the world’s largest domestic and international insurers in connection with a wide range of liability coverage matters, including pollution and health hazard claims, such as coal combustion residuals (CCR) claims and opioid claims. Bill also has extensive experience with other claims, including pollution claims arising from manufactured gas plants, mining and milling operations, petroleum refineries, and other industrial operations, in addition to asbestos and other bodily injury claims. Bill was admitted to practice law in Illinois in 2008 and obtained his JD, magna cum laude, Order of the Coif, from DePaul University College of Law in 2008. Bill also graduated from Tuft University, where he obtained his B.A. Bill has represented domestic and foreign insurers in several coal ash cases brought under the US EPA CCR Rule or state law equivalents, including the seminal case of Duke Energy Carolinas, LLC v. AG Ins. SA/NV, Case No. 2017CVS5594 (North Carolina Business Court, Mecklenburg County), where the insured sought coverage for costs in excess of $8 billion at 15 sites. Bill’s other CCR cases include: • AEP Generation Resources v. AG Insurance SA NV, Case No. 18CV004317 (Court of Common Pleas, Columbus, Oh.) (multi-billion dollar CCR claim involving six sites) • Indianapolis Power & Light Company v. American States Insurance Company, Case Number: 49D01-2108-PL-028354 (Indiana Commercial Court, Marion County) (approximately $500 million in claimed damages at three sites) • Duke Energy Indiana, LLC v. Associated Electric & Gas Insurance Services Limited, Case Number: 49D01-2206-PL-020363 (Indiana Commercial Court, Marion County) (hundreds of millions in claimed damages at seven sites) 2. Bob Karls: Bob has more than 40 years of environmental, health and safety experience. Bob has a MS in Hydrology from the University of Arizona (Tucson, AZ) and a BS in Earth Science/Geology from the St. Cloud State University (St. Cloud, MN). He is a registered professional geologist in 2 states, is an American Institute of Professional Geologists CPG, and belongs to numerous professional associations (please reference Bob's bio). Recent speaking engagements include: • The Minnesota DNR Roundtable on Stakeholder Engagement (2022 and 2023) • The Minnesota Ground Water Association – Review of 40 years of Superfund and Groundwater Management (2022) | Yes | 1. Bill has not previously spoken at an industry event but most recently spoke to over 50 insurance industry professionals in 2022 on two separate occasions—once for Allianz and once for AIG—on coal combustion residual/coal ash-related coverage issues. | The panel will be discussing relevant, current concerns surrounding coal combustion residuals (CCR), each panelists discussing the topic as it relates to to their field of expertise. A proposed agenda, which will be formalized in more detail later, includes: Introduction Overview of Coal-Fired Power Plants “CCRs” Disposal Methods/Areas Power plant retirements Closure methods CCR Risks CCR Rule Recent Developments Coverage Issues Questions Conclusion | Yes | 2023/03/Resume-Karls-Bob-2023-cond.pdf | Yes | |||||||
Alex | Blair | Manning Gross + Massenburg LLP | 1 S. Dearborn Street, Ste. 1430 | Chicago | IL | 60514 | 3126681148 | 3128029796 | ablair@mgmlaw.com | Alex P. Blair, MG+M LLP, (312) 668-1148, ablair@mgmlaw.com Steven R. Boomhower, Ph.D., Gradient Corp., (617) 395-5581, sboomhower@gradientcorp.com Surekha N. Naidoo, MG+M LLP, (312) 668-1148, snaidoo@mgmlaw.com | Alex P. Blair, MG+M LLP Mr. Blair has practiced for nearly 10 years in litigation, with extensive experience defending clients against toxic tort exposure claims, including asbestos and talc. Mr. Blair also has experience representing insurers in insurance coverage disputes in state and federal court. Steven R. Boomhower, Ph.D., Gradient Corp. Dr. Boomhower is a senior toxicologist with specialties in metal and drug toxicity and their relation to human health risks. With expertise in neurotoxicology and psychopharmacology, he provides scientific consulting related to the evaluation of toxicology and epidemiology studies for hazard and risk assessment, consumer product safety, and regulatory comment. Before joining Gradient, Dr. Boomhower was a postdoctoral fellow at the Harvard T.H. Chan School of Public Health, where he assessed the genomic consequences of exposure to metals in human neural stem cells and neuroblastomas. He has been funded by the National Institutes of Health and National Science Foundation and has authored several book chapters and peer-reviewed scientific articles. Dr. Boomhower also serves as an instructor at Harvard University, and he was invited recently to serve as an adjunct lecturer at Georgetown University. Surekha N. Naidoo, MG+M LLP In her young legal career, Ms. Naidoo has developed considerable expertise in the challenges facing the cannabis industry, and has attended a national cannabis business conference. She has insight into the state of the industry through research and direct engagement with numerous industry professionals. | No | Although Mr. Blair and Ms. Naidoo have not spoken at other industry events, a list of Dr. Boomhower's previous oral presentations can be found on Page 6 of his attached CV. | The profusion of CBD and Delta-8 products in American homes shows that the growth of the cannabis industry is outpacing efforts at federal legalization and regulation. As the industry scales up in fits and starts, the panelists would provide an evaluation of the risks of potential toxic exposures from cannabis cultivation, production, and consumption. Please see a full draft outline attached. In addition, an article that Dr. Boomhower published regarding public health issues and cannabis, as well as his full bio, are attached for your consideration. | Yes | 2023/03/Presentation-Proposal-Cannabis-Toxic-Tort-Exposures-FINAL.pdf | 2023/03/Boomhower_CV.pdf | 2023/03/Boomhower2022_ReferenceWorkEntry_PublicHealthIssuesOfLegalizing.pdf | 2023/03/Boomhower_LongBio.pdf | Yes | |||||||||
Adam | Love | Roux, Inc | 555 12th Street, Suite 250 | Oakland | California | 94607 | 4159676000 | x6023 | 415.423.7320 | alove@rouxinc.com | Matthew C. Bures, Wolfe & Wyman LLP, 949.475.9200, mcbures@ww.law TBD Insurance Claims person - John Conway (tentative - waiting on Chubb approval), Chubb | Adam Love directs Roux’s Risk Management and Litigation Services while providing forensic litigation support and expert witness services to clients throughout the United States on environmental litigation, environmental insurance coverage, product liability, and toxic tort related matters. Dr. Love’s experience includes strategic and technical analysis and guidance spanning numerous complex groundwater, soil, sediment, soil vapor and air contaminated sites, including assessments of human health and ecological risk. Dr. Love is involved in technical evaluations of environmental exposures to Environmental Justice communities throughout the United States and has worked for both communities groups and municipalities, as well as commercial/industrial operations. Matt Bures concentrates his work on the Firm’s Business Litigation matters, in particular Environmental Litigation for insurance carriers, and publicly and privately held entities. In addition to environmental matters, Matt has represented a broad range of clients on a diverse array of matters. Matt has had extensive litigation experience, with particular emphasis upon trial advocacy. Matt has been named a Southern California Super Lawyer multiple times by Law & Politics and Los Angeles Magazine. Matt has been an officer, presenter, and moderator for the Environmental Bar Section of the Orange County Bar Association. | Yes | FETTI 2022 - Charging Ahead: Understanding the Potential Risks and Management Options for Battery Systems FETTI 2021 - Environmental Class Action Issues in Ethylene Oxide Litigation | How are Environmental Justice Consideration Affecting Environmental Requirements and Costs? | Yes | 2023/03/DRAFT-FETTI-Abstract.docx | Yes | |||||||||||
Rod | Harvey | RHP Risk Management | 8745 W. Higgins Road | Chicago | ILLINOIS | 60631 | 773-867-6004 | 630-908-0089 | rharvey@rhprisk.com | Wendi | Egan | wegan@rhprisk.com | 773-867-6006 | 708-790-9084 | Presentation will be in panel format, however panel members have not yet been confirmed. | Rod Harvey has over 35 years of experience in the environmental health and safety consulting field. He has broad experience providing industrial hygiene, indoor environmental quality, safety, and environmental services to a wide range of clients in both the private and public sectors. Mr. Harvey received his bachelor’s degree in Biology from Lawrence University in Appleton, Wisconsin and his master’s degree in Environmental Engineering from Illinois Institute of Technology in Chicago, Illinois. He is a Certified Industrial Hygienist, Certified Safety Professional, Certified Hazardous Materials Manager, and registered as a Professional Engineer in the state of Illinois. He is also licensed by the Illinois Department of Public Health for a variety of asbestos related licenses. Mr. Harvey is a member of the American Society of Heating, Refrigerating and Air-Conditioning Engineers (ASHRAE), the American Conference of Governmental Industrial Hygienists (ACGIH), and the American Industrial Hygiene Association (AIHA). Mr. Harvey has been active in the AIHA serving on several committees and serving two terms on the Board of Directors of the Chicago Local Section of the AIHA and as President of the Section in 2010-2011. Mr. Harvey has provided presentations in the past about asbestos, silica, heat stress, hexavalent chromium, and OSHA’s medical surveillance requirements. | Yes | “Silica Safety: It’s Still a Thing.” Construction Expo & Safety Conference 2023, Oakbrook Terrace, IL., March 6, 2023. “Silica – Regulatory and Sampling Updates.” Chicagoland Health and Safety Conference, Naperville, IL., September 20, 2022. “A Closer Look at OSHA’s Requirements for Medical Screening and Medical Surveillance.” AIHce, Minneapolis, MN, May 21, 2019. “A Closer Look at OSHA’s Requirements for Medical Screening and Medical Surveillance.” Chicagoland Health and Safety Conference, Naperville, IL., September 25, 2018. “Tools for Compliance with the OSHA Silica Standard.” 8-Hour Professional Development Course, AIHA Fall Conference on Leadership and Management, Tampa, FL, November 1, 2017, and AIHce, Seattle, WA, June 4, 2017. “Crystalline Silica Exposure Management.” Expert Panel Moderator, AIHce, Seattle, WA, June 6, 2017. “Ten Years Later; An Update on Hexavalent Chromium Exposure in the Workplace.” Chicagoland Health and Safety Conference, Naperville, IL., September 21, 2016. “Legal Aspects of IH Testing from the Industrial Hygienist’s Perspective.” AIHce, Montreal, Canada, May 21, 2013. | Occupational Heat Stress | Yes | 2023/03/Harvey-RHP-Risk-Management-Heat-Stress-Presentation-Outline-FETTI-2023.pdf | 2023/03/Harvey-Bio-RHP-Risk-Management.pdf | Yes | ||||||
M. Claire | Juliana | Aon | One Liberty Plaza, 165 Broadway, 33rd Floor | New York | NY | 10006 | 212-441-2392 | 201-470-2954 | claire.juliana@aon.com | Panel: M. Claire Juliana Director - Environmental Claims Advocacy Aon One Liberty Plaza, 165 Broadway, 33rd Floor, New York, NY 10006 O: 212-441-2392 M: 201-470-2954 David Schechter Claims Focus Group Leader – Environmental | Group Claims Beazley Insurance Services T +1 (212) 801-7212 M +1 (732) 881-0761 david.schechter@beazley.com 45 Rockefeller Plaza, 16th Floor, New York, NY 10111 George H. Buermann, Esq. Partner Goldberg Segalla 1037 Raymond Boulevard, Suite 1010 Newark, NJ 07102 O 974-681-7002 x 7002 M 917-273-2112 Michael H. Berman Senior Principal Geosyntec Consultants, Inc. a co-owner of CAT Alliance 1900 L Street, N.W., Suite 975 Washington, DC 20036 USA Office: +1.202.370.4348 Mobile: +1.240.498.2533 mberman@geosyntec.com | M. Claire Juliana, Esq. - environmental insurance industry experience (claims and underwriting) for nearly 30 years. Recent speaker at CLM, PERRIN, and EECMA (April 2023) David Schechter, Esq - environmental litigation and insurance experience for more than 20 years George Buermann, Esq -environmental litigation and insurance experience for more than 20 years Michael H. Berman, P.E. - more than 25 years of experience in investigating and estimating the nature and extent of environmental contamination | Yes | EECMA, ABA, SEIP, PERRIN, CLM - Environmental Insurance | Emerging issues in environmental insurance. Panelists (broker/advocate, insurance adjuster, defense counsel and consultant) will discuss emerging contaminants and the challenges to claims handling, remediation, and litigation (e.g., PFAS/AFFF, ethylene oxide (EtO), 1,4 dioxane, glyphosate ("Round UP"), microplastics, and climate change). The panel will also touch on the impact from external challenges (social inflation, nuclear verdicts, impact of Artificial Intelligence, and overall distrust of authorities (e.g., such as playing out in the E. Palestine train derailment)). | Yes | 2023/03/Juliana_Claire_Bio-new-format.docx | 2023/03/Michael-Berman-Bio.pdf | 2023/03/David-Schechterbio.pdf | 2023/03/George-H.-Buermann-Goldberg-Segalla.pdf | Yes | |||||||||
Owen | Blood | Sinars Slowikowski Tomaska LLC | 55 West Monroe, Suite 4000 | Chicago | Illinois | 60603 | 312-767-9790 | 3125324792 | oblood@sinarslaw.com | Likely panel. I have reached out to insurance adjusters but do not have commitments yet. I will also likely ask for a medical expert to join the panel. | I have practiced law since 2009 and have been a partner since 2016. I am licensed in the states of Illinois, Missouri, Michigan, and Iowa (with application to the Northern District of Illinois pending). I practice largely in the defense of toxic tort claims including asbestos, benzene, and silica exposure cases and have done so for over 14 years. I regularly attend the FETTI conference in Chicago. Regarding qualifications for this particular proposed topic (hair relaxer and straightener claims), one of my clients is a local Chicago company which manufactures these products and is now a defendant in these cases. I have been retained to advise and defend the company in lawsuits that have been filed in increasing numbers over the past 5-6 months after a study by NIH doctors found an association between endocrine-disrupting chemicals (EDCs) and uterine cancer. The cases were consolidated by the Judicial Panel on Multidistrict Litigation in February of 2023 and are now pending in the Northern District of Illinois federal court. As such, I am closely following the developments of this new area of litigation. | No | N/A | Hair Straightener/Relaxer Litigation: Cancer Lawsuits Alleging Exposure to Endocrine-Disrupting Chemicals (EDCs). Outline attached. | Yes | 2023/03/Proposed-FETTI-Outline-Owen-Blood.docx | Yes |
FETTI HomepageSteven LaFollette2023-02-17T14:42:53-04:00