dcsimg Experience

Experience

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RESULTS DEPEND ON A VARIETY OF FACTORS UNIQUE TO EACH CASE. PRIOR RESULTS DO NOT GUARANTEE OR PREDICT A SIMILAR OUTCOME.

Representative Matter

Japanese trading company

Representation of Japanese trading company in connection with the refinancing of its loans to the Nigerian state petroleum company.
Representative Matter

Diversified energy producer

Representation of a diversified energy producer in a 14-count case pending in Greene County, Pa., which includes claims that the seminal (CBM) Hoge case should be overturned. It includes a horizontal trespass claim based on allegations that CBM outside the main bench of the Pittsburgh seam is not part of the Pittsburgh seam and a quiet title claim related to a boundary dispute. Partial summary judgment was granted upholding the CBM Hoge decision.
Representative Matter

Global science company

Representation of a global science company in defense of an environmental civil suit brought by the Sierra Club and NRDC relating to historic mercury deposits in the South River in Virginia. Attained a unique settlement involving a six year study of the mercury issues.
Representative Matter

Large energy producer

Representing a large coal-fired power plant in the defense of a class action claim by 1500 surrounding residents for particulate emission involving first-impression issues of preemption of state nuisance law.
Representative Matter

One of the largest producers and transporters of energy in the United States

Representation of multiple defendants including one of the largest producers and transporters of energy in the United States in a high-profile nuisance suit in federal district court in Mississippi asserting that the defendants’ air emissions are contributing to global warming.
Representative Matter

Real estate company

Advised client on multiple dry cleaning release sites in Maryland voluntary cleanup program and controlled hazardous substances program.
Representative Matter

World-class academic and health care system

Represent world-class academic and health care system in multi-plaintiff litigation arising from allegations that falsified genomic research was allowed to proceed to clinical trials with the enrollment and treatment of cancer patients.
Representative Matter

Manufacturing company

Developed argument for a manufacturing client as to the inapplicability of the Clean Air Act provisions on aggregating certain sources as a single source due to proximity and other factors.
Representative Matter

Power and Energy Company

Assisted Client in analyzing emission trading issues under Title V,  CSAPR and the Clean Power Plan associated with the potential closure of a coal fired power plant.  
Representative Matter

Pulp and Paper Manufacturers

Represented pulp and paper manufacturers in Alabama, Massachusetts, Maine, and Michigan in connection with federal and state enforcement actions alleging violations of federal and state air permits; represented these same manufacturers in drafting and negotiating new and revised CAA permits for their operations.
Representative Matter

Wastwater treatment plant

Representation of a large Virginia municipal wastewater treatment plant in connection with a USEPA enforcement action alleging multiple CAA violations.
Representative Matter

Milling and particle size reduction company

Representation of company engaged in milling and particle size reduction business in acquisition of another company and refinancing of debt.
Representative Matter

Purchaser

Represented a purchaser of the membership interests of a multi-location urgent care provider.
Representative Matter

Health system

Representation of a health system against the appeal of a long term employee to the NY State Appellate Division 3rd Department concerning the denial of unemployment benefits. Favorable settlement.
Representative Matter

Healthcare company

Representation of healthcare company as local Virginia counsel in connection with issuance of $600 million and $1.4 billion senior secured notes under supplemental indenture secured in part by real property in Virginia, California, Georgia and Florida.
Case Study

McGuireWoods insurance lawyers help overturn ‘pro-insurer’ 5th U.S. Circuit Decision

Austin lawyers Mark Lawless and Pam Hopper recently co-authored an amicus curiae brief filed in an important insurance case pending in the 5th U.S. Circuit Court of Appeals. On June 15, 2012, the 5th Circuit issued a pro-insurer decision in Ewing Construction Co., Inc. v. Amerisure Ins. Co., No. 11-40512, holding that the contractual liability exclusion in a construction contractor's CGL policy eliminates the insurer's duty to defend if the contractor assumes liabilities in a construction contract – in this case, liabilities for alleged faulty construction of tennis courts.
Case Study

Victory in 4th Circuit for pro bono client Homeward

The 4th U.S. Circuit Court of Appeals has upheld the dismissal of a case brought against firm pro bono client Homeward, a nonprofit planning and coordinating organization for homeless services in the greater Richmond area. In its suit, ASWAN, an unincorporated association made up of homeless and formerly homeless people, alleged that Homeward and its co-defendants established a homeless services center in a location that was removed from the downtown area of Richmond, thus violating 42 U.S.C. §§ 1983 and 1985(3), the Americans with Disabilities Act, the Equal Protection Clause of the Fourteenth Amendment and the Fair Housing Act. The district court dismissed all of the plaintiff’s claims.
Case Study

Finkl team wins ERISA anti-cutback case in 7th Circuit

McGuireWoods represented the pension plan of A. Finkl & Sons Company in the U.S. Court of Appeals for the 7th Circuit in a lawsuit claiming that the pension plan had violated ERISA's anti-cutback rule and the terms of the pension plan. The plaintiffs claimed that Finkl had an obligation to terminate the pension plan and provide annuities to the plaintiffs while the plaintiffs were still working for the company. The Court of Appeals, affirming the U.S. District Court for the Northern District of Illinois, found that Finkl had no obligation to terminate the pension plan and that the plaintiffs' ERISA rights were not violated.

Case Study

Boeing victory in SOX whistleblower case

The Ninth Circuit Court of Appeals held that the whistleblower provisions in Section 806 of the Sarbanes-Oxley Act of 2002 (SOX) do not protect employee leaks to the media. Rather, the statute’s plain language protects only disclosures made to federal regulatory and law enforcement agencies, Congress and employee supervisors.
Case Study

Houston office receives favorable ruling from 5th Circuit clearing BP Traders of propane antitrust plot

McGuireWoods recently received a favorable ruling from the 5th Circuit affirming the dismissal of a criminal case accusing four ex-BP Products North America Inc. commodities traders of conspiring to manipulate the U.S. propane market. This case was only the second attempted criminal prosecution for manipulation in the long history of the Commodities Exchange Act.

Results 1-20 of 2733