Page 7 - Katten 2016 Annual Review

In 2016, our engagements spanned all three of these areas, CHAMBERS USA 2016:
with Katten lawyers receiving the first call from clients in response ENVIRONMENT (DISTRICT
to workplace safety and major environmental incidents as well as OF COLUMBIA, TEXAS)
significant enforcement actions. For some clients, we guide them
through the challenging first days of a crisis, including the myriad THE LEGAL 500 UNITED STATES 2016:
of government inquiries. For other clients, our engagement begins ENVIRONMENT LITIGATION
before an incident occurs, with compliance counseling, internal
investigations and other proactive risk management activities. All U.S. NEWS BEST LAWYERS® “BEST
clients rely on the strategic advice and representation, if necessary, LAW FIRMS” 2016:LITIGATION
of our enforcement litigation team, led by a former chief of the Depart- ENVIRONMENTAL (NATIONAL,
ment of Justice’s Environmental Division and staffed with seasoned NEW YORK, WASHINGTON, DC)
litigators and trial attorneys with civil and criminal experience, to
steer them through the complicated, often confounding, government
enforcement process. At whatever stage or on whatever issues we are
engaged, our clients continue to turn to us for our highly regarded
capabilities across these three interconnected practice areas.

MAJOR INCIDENT RESPONSE CIVIL AND CRIMINAL ENFORCEMENT WORKPLACE SAFETY AND OSHA

When one of the world’s largest vehicle Following an oil spill and multi-fatality An energy manufacturing and logistics
manufacturers experienced fatalities incident in the Gulf of Mexico, Katten company faced numerous safety cita-
at two separate facilities in the United was retained to represent a leading tions by Washington’s Department of
States and Europe, the company im- independent service provider to the Labor and Industries, which if upheld
mediately retained Katten to advise it global power generation industry. In would expand the coverage of current
on incident response, evidence pres- the first post-Deepwater Horizon regulations to new equipment and
ervation and internal investigations fatality, the government put forward a process systems, and negatively
in connection with the ensuing govern- sweeping theory of liability under the impact the current operations. We
ment agency investigations. Katten Outer Continental Shelf Lands Act were retained, and did not accept the
ultimately was retained to conduct a (OCSLA) that could have implications government’s claims at face value.
corporate safety review, including an for all contractors working in the Katten’s legal analysis revealed that
assessment of the company’s safety Gulf. The district court agreed with the relevant safety regulations should
management system and proposed Katten’s argument that the regula- not cover the equipment and systems
recommendations for enhanced safety tions do not extend liability beyond at issue. In a 13-day trial, we presented
performance across the company’s the owner and operator to the inde- the broad experience of the company
worldwide operations. The work was pendent contractors working on off- and argued against the application of
visible to the CEO and culminated in shore platforms, and our client was these regulations. A decision by the
multiple presentations to the client’s able to reach a favorable resolution Administrative Law Judge is pending.
executive leadership team and board with the government.
of directors.

2016 ANNUAL REVIEW | 5