Todd Alford is the Managing Member of the Arcadia ICR Group. Mr. Alford works throughout the Southeast consulting for architectural design firms, governmental agencies and private parties for whom he performs third party over-site inspections, preventative building maintenance, complete turnkey restoration of commercial and residential construction, waterproofing, concrete restoration, window testing and analysis, diagnostics of exterior envelope failures, and infrared imaging of exterior envelopes through the use of a FLIR thermography imaging device.
 

Mr. Alford is certified by the National Association of Waterproofing and Structural Repair Contractors. He is a certified External Insulation Finishing Systems (EIFS) inspector. He serves on the American Society for Testing and Materials (ASTM) International committees: ASTM C11 Gypsum and Related Building Materials and Systems (Portland cement stucco); ASTM C24 Building seals and Sealants; and ASTM C15 Manufactured Masonry Units.

Mr. Alford is the past president and current member of the Association of Subcontractors and a charter member and past board member for the Construction Specifications Institute. Additionally, he is a standing member with the Exterior Insulation Manufactures Association (EIMA), the National Association of Waterproofing and Structural Repair Contractors, American Architectural Manufacturers Association, Building Industry Association (Pensacola Chapter), and the Association of Walls and Ceilings.

A Managing Partner at Butler, Denise M. Anderson is the Chairperson of the Firm's Construction Litigation Practice Group. Denise is Board Certified in Construction Law by the Florida  Bar and is an AV peer-rated attorney by Martindale-Hubbell.While she currently practices primarily in the fields of construction  defect and product liability, in her legal career she has handled a large variety of insurance related disputes involving coverage and subrogation. Her construction experience includes the representation of general contractors, developers, designers, every trade in the construction process, as well as suppliers and manufacturers of building components. She has served as the chairperson of several national construction seminars and regularly speaks to clients and peers on a variety of construction and civil litigation topics. After serving as the Regional Chairperson (Southern Region) for the Women in Construction Litigation Alliance (WCLA), Denise was appointed to the Board of Directors of the WCLA in 2015. Denise is also the National Membership Vice Chairperson of the Association of Defense Trial Attorneys (ADTA).  In addition, Denise has served as a Florida delegate for the Claims and Litigation Management Alliance. In 2013, she was appointed to serve as the Chairperson of the Steering Committee for the CLM's production of a Claims Handling Manual which is national initiative undertaken by 150 attorneys from across the U.S. and Canada.  Also, for the second year, Denise was selected as a Chairperson for the CLM's Annual Construction and Environmental Conference which will be held in Atlanta the first week of November, 2015 (Boston 2014).She received her Bachelor of Arts, with high honors, from Auburn University (1991) and her Doctor of Jurisprudence from Mercer University School of Law (1994). Denise is licensed to practice in the state and federal courts of Florida and the state courts of Georgia.  

Legal Practice Ms. Antonucci is a member of the firm. She is leader of the Mass Torts and Industry Wide Litigation and the Insurance Litigation and Product Liability Defense Practice Groups and serves on the Medical and Life Sciences Industry Team. Selected among the Best Lawyers in America and listed in New York Super Lawyers, Ms. Antonucci has devoted more than 25 years of her practice to the defense of products liability and toxic tort matters, including mass tort, chemical exposure, drug and device product liability, medical malpractice claims, and related complex litigation matters. Ms. Antonucci’s legal practice focuses on catastrophic personal injury defense, complex litigation including toxic torts involving indoor air pollution, sick building syndrome, mold, pesticides, aerosol products and other chemical exposures on behalf of Fortune 500 companies and their insurers. Products Ms. Antonucci has defended include floor waxes, strippers and polishes, various commercial grade pesticides, paints, solvents, aerosol ant and roach sprays and foggers, aerosol and plug-in air fresheners, personal insect repellants, DEET-containing pesticides and liquid drain cleaners. Ms. Antonucci has served as national coordinating counsel and trial counsel to product manufacturers in asbestos litigation. She has tried numerous mass torts, toxic tort and multi-plaintiff related product liability and other personal injury cases in state and federal courts. Ms. Antonucci also represents defendants in multi-party litigation involving heavy machinery, including trucks, forklifts, cranes and lifts. Ms. Antonucci has also acted as a consultant to the insurance industry in addressing pharmaceutical coverage claims under the Bermuda form arising out of underlying U.S. litigation.

Ms. Antonucci brings a unique perspective and experience to the practice of law in the health care area. She was a former registered nurse at New York Hospital-Cornell Medical Center where she specialized in high-risk obstetrical care, including labor and delivery, operating and recovery room and antepartal testing. Ms. Antonucci has defended claims concerning medical devices and equipment including autoclaves, electro-cautery units, catheters, anesthesia delivery equipment, products, dialysis equipment, dental implants and equipment, electric wheelchairs, stretchers, and Hoyer lifters.

She represents physicians, dentists and ancillary health care professionals such as nurse anesthetists, nurse midwives, physical therapists, and respiratory therapists before administrative tribunals and in high-exposure medical malpractice claims.

Representative cases of interest include: Stephenson by Coley v. S.C. Johnson & Son, Inc. (New York State Appellate Division Second Department): In a products liability/negligence claim where an older boy ignited spray from sample aerosol can and created a blow torch, burning a child, the defendant was entitled to summary judgment as intervening acts of older boy were not normal result of defendants' negligence so as to be reasonably foreseeable, and in absence of manufacturer's knowledge of similar past occurrences, intervening assault severed causal nexus as a matter of law. Zwillinger v. Garfield Slope Housing Corp. (U. S. District Court, EDNY): In an action for damages for "multiple chemical sensitivity" allegedly caused by carpet off-gassing, summary judgment awarded to defendants based upon Daubert standards.

Professional and Community Activities Ms. Antonucci is a frequent lecturer on product liability and mass tort litigation at national and international conferences and bar association seminars. Recent presentations include: Product Liability Actions- An Overview of the Typical Allegations and Defense Due Diligence and Risk Management presented to the American Bar Association in Beijing, China and Clinical Trials as Source of Product Liability Claims: Managing the Risk Clinically and Financially.

She is chair-elect of the American Bar Association TIPS International Committee, vice chair of the Toxic Tort and Environmental Law Committee, and a member of the TIPS Task Force on Disaster Response. She is also a member of the Claims and Litigation Management Alliance, and New York State Bar Association.

Education JD, 1983, New York Law School BS, 1978, State University of New York at Plattsburgh Admissions to Practice New York State Bar New Jersey State Bar United States District Court Southern District of New York Eastern District of New York Northern District of New York District of New Jersey United States Court of International Trade

 

Frank joined Willis Towers Watson in 2001. He has 30+ years’ experience in multi-line claim management, account management, brokerage advocacy and risk management consulting.
As Claim Director for North America Construction, Frank leads a team of highly experienced Regional Construction Claim Directors specializing in construction risk. This industry dedicated resource team is responsible for delivery of technical and strategic risk consulting to construction clients, with emphasis on complex claims, coverage and contracts. The team provides senior level brokerage advocacy on high severity or otherwise critical claims, including exposure analysis, disposition strategy and coverage dispute resolution. Frank has assisted clients in optimizing outcomes on a variety of complex claims and other technical issues involving multiple lines of business and has extensive experience in the management/negotiation of claims involving defective construction / materials.
Franks’ professional experience includes:
- Complex Claim / Coverage Analysis
- Development of Coverage Terms/Conditions
- Contractual Risk Allocation
- Complex Litigation Management
- Claims Program Design
- Multi-line Accident Investigation 

Prior to joining Willis Towers Watson Frank spent nearly 14 years working for two of the largest US commercial property and casualty insurance carriers, including positions in field investigation, regional training and home office technical claims.

Christina Carroll is a partner in McKenna Long & Aldridge LLP’s Washington, DC office. Christina’s diverse practice focuses primarily on complex litigation, including insurance coverage and bad faith, environmental, toxic tort, and federal preemption litigation. Christina also counsels clients on the risks and opportunities associated with climate change.

Christina represents a variety of clients in the insurance, chemical, healthcare, and technology industries. In the insurance realm, Christina represents insurance companies in coverage and bad faith disputes and also counsels them on strategic issues including emerging risks. Christina has handled matters involving directors and officers, property, commercial general liability, professional liability, and automobile liability insurance. Christina brings her environmental and scientific background together with her insight in insurance-related law to provide a unique skill set in developing strategies for monitoring and addressing climate change, hyrdraulic fracturing, green building, greenwashing, cybersecurity, and other emerging risks.

Ms. Ciliberto is the CEO of the Associated Subcontractors of Massachusetts (ASM), a trade association representing more than 350 member companies that employ more than 25,000 skilled workers on both private and public sector projecs.  For more than 65 years, ASM has worked to promote fair business practices and help subcontractors succeed in a complex and changing industry.
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For nearly nine years prior to joining ASM, Ms. Ciliberto was the Senior Director and Counsel for Contracts and Construction Law at The Associated General Contractors of America (AGC).  She also held the position of Deputy Executive Director and Counsel for ConsensusDocs - the only standard contracts endorsed by a coalition of 40+ design and construction industry associations.

Prior to joining AGC and ConsensusDocs, Ms. Ciliberto practiced law in Colorado for 10 years. She was the founder and principal of Ciliberto & Associates, LLC, a firm providing natural resources, environmental, real property and water law counsel. She is licensed in Colorado and DC, and several federal courts including the U.S. Supreme Court.

Prior to her legal career, Ms. Ciliberto was a marketing and advertising consultant for more than 10 years and her clients included Alfa Romeo, General Motors, Blue Cross/Blue Shield, United Way, Telecheck, La-Z-Boy, and numerous luxury resorts in Colorado.

Ms. Ciliberto is a frequent presenter at industry events nationwide. She is the Managing Editor of the Colorado Water Law Benchbook and has authored articles for a number of organizations.

Tracey Dodd is a Senior Managing Principal at EFI Global.  She has lead teams that are respected for exceptional success addressing complex mattersin various locations arund the globe.  She has overseen a multi-talented group of professionals who collectively bring years of technical field experience to provide consulting services in construction and related fields, including environmental, safety and industrial hygiene services.  Tracey Dodd has  expertise ranging from environmental risk evaluation or facility compliance assessments to full-scale remediation design, litigation support services, and environmental catastrophic response. Her experience includes clientele such as facility owners, design firms, governments, insurance companies, contractors, attorneys or developers to help them assess environmental damage, uncover potential environmental liability and safety problems or manage the problems that have already become evident. A Toxicologist and Risk Assessor by graduate degree, Tracey Dodd has managed a litany of projects across the U.S., including the investigation, remediation design, and oversight of remediation/abatement projects associated with buildings, impacted property, and waterways.  This includes the performance of work associated with emergency releases due to explosions/plant upsets/etc., and work performed has included the protection of public health and the environment, as well as protection of resources and site stabilization.  In her current role she supports EFI Global's Large and Complex Loss practice.

Joe, one of the founding members of Clark, May, Price, Lawley, Duncan and Paul, represents clients ranging from family companies to Fortune 500 businesses at both the trial and appellate level. His practice consists of the defense of claims relating to personal injury, product liability, contractual disputes, trucking and insurance coverage. Joe spends much of his time working with clients, contractors and trade groups to proactively reduce the risk of liability using lessons learned from litigation.

Joe has helped to mold Alabama law in both the legislative and judicial branches. He assisted in authoring legislation relating to contractor liability and argued to the Alabama Supreme Court on the subjects of indemnity, personal injury and product liability. In Hosea Weaver and Sons, Inc. v. Balch, the Alabama Supreme Court recognized the “accepted-work doctrine” based on arguments made by Joe as amicus counsel on behalf of the Alabama Road Builder’s Association. The Court’s decision reversed a $7.5 million verdict in favor the plaintiffs and rendered a judgment in favor of the defendant. More recently, in DISA Industries, Inc. v. Bell, Joe also successfully argued for the Court to reverse a $500,000 in favor of a plaintiff and rendered the verdict in favor of the Defendant.

Joe and his wife, Ellen, live in Vestavia Hills, Alabama, with their children Porter and Sophie. In his spare time, Joe coaches youth baseball, runs half marathons, travels and volunteers at Children’s Hospital as Santa Claus.

Joe earned his undergraduate degree from Auburn University and his juris doctor from The University of Alabama School of Law.

Juan C. Fernandez has 22 years experience in labor and employment law and commercial litigation and has also served as Essex County Counsel, Assistant Union County Counsel and Union Township Municipal Prosecutor. He is a former member of the District Ethics Committee and The New Jersey Educational Facilities Authority.

Mr. Fernandez maintains an active litigation practice in labor and employment matters and has represented corporate clients in the courts of New Jersey, New York and abroad. Mr. Fernandez also provides commercial litigation services to corporate clients focused on restrictive covenants and employment disputes. Mr. Fernandez is a member of the New Jersey State and Federal Bars.

Marc S. Gaffrey is an AV-rated attorney by Martindale Hubbell and is the Partner-in-Charge of the Environmental & Toxic Tort Litigation Department. He has extensive experience in the litigation of toxic tort matters and mass tort litigation involving lead, asbestos, silica, talc, benzene, "sick building syndrome," latex allergy, PCB, diazanon, welding fumes, orthodichlorobenzene, trichloroethylene, and numerous other chemicals and pesticides. He has handled thousands of toxic tort cases in New Jersey and New York.

Marc also has litigated numerous environmental matters involving fuel oil discharge, hazardous waste, Superfund site construction and remediation, and landfill clean-up. In particular, he assisted in the litigation of the landmark case of Ayers v. Township of Jackson.

Marc has been named National Coordinating Counsel to seven companies encompassing multiple business disciplines. He coordinates the defense of all asbestos-related matters throughout the country, including hiring local counsel and managing the files. He also has authored numerous articles in the toxic tort field and has been a frequent lecturer at both national and regional conferences including: Defense Research Institute (DRI), Perrin Conferences, New Jersey Defense Association, HB Litigation Conference, Harris Martin, Worley, and NJ Institute of Continuing Legal Education (NJICLE). In addition, Marc routinely gives in-house seminars to clients discussing the most recent trends in asbestos and toxic tort litigation.

Suzanne M. Ganier has spent the bulk of her twenty-one year career working with, and for, insurance companies.  She has personally handled hundreds of cases in various insurance areas.  She has tried multiple cases to verdict, and arbitrated over 100 additional cases.

Suzanne began her career in Chicago, where she spent ten years trying insurance cases both in private practice and as part of the legal department of two major insurance companies, as well as the Chicago Transit Authority.  In 2005, she moved to Arizona, working private practice and as part of the legal department of a major insurance company, with a focus on all types of insurance matters.

In 2008, Suzanne transitioned into litigation management becoming the Director of Litigation for Louisiana Citizens Property Insurance Corporation. Suzanne managed thousands of litigated claims arising out of Hurricanes Katrina, Rita, and Gustav, and non-catastrophe litigated claims and class actions.  Through this experience, Suzanne became an expert in bad faith law, good faith claim handling, and litigation management. Her responsibilities included, drafting & implementing Billing Guidelines & Litigation Procedures, implementing a legal invoice review program.  The program returned a ROI of 9% at her departure, including savings associated with flat fees.

In 2011, Suzanne became Corporate Counsel for a large, super-regional insurance carrier in Jacksonville, Florida.  In this position, Suzanne was responsible for various legal, regulatory, compliance, M&A, and corporate governance matters as well as reviewing the invoices of all firms assigned to these matters.   

In February 2013, Suzanne founded ALEXI Professional Services, Inc., offering her expertise in legal invoice auditing, insurance coverage, bad faith, claim and litigation management.

In August 2014, Suzanne joined Elevate Services, Inc. where she directs Elevate’s legal invoice review business.  Elevate’s Legal Bill Review department practice focuses on designing, implementing and overall management of legal bill review for diverse clients.  

Francine Giugno is an Attorney at Kelley Kronenberg where she assists in handling matters related to First Party Property Insurance Defense, including coverage and bad faith litigation, as well as Third Party Defense and General Liability.

Francine is a Martindale-Hubbell AV Preeminent attorney with over 20 years of experience on insurance defense and coverage, bad faith litigation, premises liability, construction, uninsured motorist, and environmental law. She has significant experience in defending first-party property cases and has handled hundreds of wind and flood lawsuits including those with extra-contractual allegations filed by plaintiffs after Hurricanes Katrina and Rita.

Francine received her undergraduate degree from John Carroll University and then went on to earn her Juris Doctor degree from Tulane University School of Law. While in law school, Francine was a judicial extern for the Honorable Steven R. Plotkin and served as a law clerk to The Honorable Clarence E. McManus and The Honorable H. Charles Gaudin.

Francine is an active member of Claims & Litigation Management Alliance and has served as Co- Chair of the Education Sub-Committee of the Construction Committee of the Claims & Litigation Management Alliance. She also served as Vice-President of the New Orleans Chapter of the National Association of Women in Construction. Francine has been involved in the New Orleans Chamber of Commerce, Jefferson Chamber of Commerce, Louisiana Association of Defense Counsel and The Risk Management Society. Francine is admitted to practice in all of the Louisiana State and Federal Courts and the state courts of New York.

Education:
Tulane University School of Law, J.D. 1996
John Carroll University, B.A., 1991

 

 

Keith B. Hall is the Director of the Louisiana Mineral Law Institute and a professor of law Louisiana State University. Before joining LSU, he was member of Stone Pigman Walther Wittmann L.L.C. in New Orleans, where he practiced law for 16 years, focusing his practice on oil and gas law, environmental law, and toxic tort litigation. He serves as Chair of the New Orleans Bar Association's Oil and Gas Section, Vice Chair of the Louisiana Bar Association's Environmental Law Section, and a member of the Board of Trustees for the Rocky Mountain Mineral Law Foundation. In addition, he co-authors "Recent Developments: Mineral Law" for the bimonthly Louisiana Bar Journal. Before joining the LSU faculty, Mr. Hall taught Introduction to Mineral Law as a member of the adjunct faculty at Loyola University School of Law in New Orleans, and was the author of his law firm's blog, the "Oil and Gas Law Brief."

He has published several articles and made numerous presentations regarding legal issues relating to hydraulic fracturing. And, at LSU, one of the courses he teaches is an Energy Law Seminar that focuses on environmental issues relating to the oil and gas industry, including hydraulic fracturing.
 

Derrick Harris started adjusting claims in 1997 with SAFECO Insurance as a claim specialist. From there he moved to CNA as a Litigation Specialist before joining Harleysville Insurance as a founding member of its Construction Defect Unit in 2004. In his career, Derrick has handled a wide range of construction defect claims across the nation, specializing in coverage analysis, and when necessary, defense. He has handled claims for subcontractors and general contractors, as well as owners and developers. He has also pursued educational opportunities and earned his Associate in Claims, the Construction Risk Insurance Specialist designation, and a Masters in Business Administration. Derrick currently works as a Construction Defect Supervisor for Fireman’s Fund Insurance out of his home in Santa Rosa Beach, Florida.
 

John C. Hayes is a partner with Hayes Law Firm, LLC located in downtown Charleston, South Carolina. John has extensive experience in civil trial practice. His legal practice focuses on civil commercial litigation, construction defect, and insurance coverage. He is also experienced in wrongful death claims. He was a law clerk for the Honorable Judge R. Markley Dennis, Jr. South Carolina Circuit Court, At-large, Seat No. 2. John is admitted to the U.S. District Court for the District of South Carolina and the U.S. Court of Appeals for the Fourth Circuit. John is a member of the American Bar Association, the South Carolina Bar Association and the Charleston County Bar Association.

M. Claire Juliana is Director of Environmental Claims in Aon Risk Solutions’ Environmental practice. Aon’s Environmental practice is responsible for working with Aon offices around the world to assist clients in managing their environmental risk.Ms. Juliana is focused on developing best practices for managing complex claims and serves as a client advocate to help resolve challenges associated with complex or difficult claims, offers advice on policy wording, and monitors and advises clients on emerging insurance, legal and environmental developments.Ms. Juliana has more than twenty years of environmental insurance and law firm experience. Prior to joining Aon, Ms. Juliana served as Risk Management Counsel for Zurich Environmental, and prior to that as Division Counsel for various carriers including Quanta, Chubb and AIG (now known as Chartis) and began her insurance career adjusting pollution claims. She also spent several years in private practice in New Jersey and Colorado.Ms. Juliana received her Juris Doctorate (with honors) from Seton Hall University School of Law and a Bachelor of Science in Marketing (with honors) from the University of Scranton. Ms. Juliana is licensed to practice in New Jersey and Colorado.

Matthew Morrison has years of experience focusing on complex claims, litigation management and insurance coverage issues from both the perspective of an insurer as well an attorney in private practice. In his current position with American Faminly Insurance he is responsible for all litigation outcomes across the enterprise including claims and corporate litigation. He is admitted to practice before the state courts of Illinois and Wisconsin, the United States District Court for the Northern District of Illinois and the United States Supreme Court. He is a member of the Illinois State Bar Association, the Wisconsin State Bar Association, Claims & Litigation Management Alliance Advisory Board and serves as a professor at CLM’s Litigation Management Institute. In 2013 Matt was named Litigation Management Professional of the Year by CLM.

William A. Nebeker, Esq. is the managing partner of the Phoenix office for the law firm of Koeller, Nebeker, Carlson & Haluck, LLP. He practices in the area of insurance litigation defense with an emphasis on personal injury and construction defect litigation. Mr. Nebeker received his B.S. degree in political science from Arizona State University and his J.D. degree from Pepperdine University School of Law. After admission to both the California Bar in 1976 and the Arizona Bar in 1977, Mr. Nebeker began his career as House Counsel for Home Insurance. After entering private practice, Mr. Nebeker became one of the first lawyers certified by the Arizona Board of Legal Specialization for personal injury and wrongful death litigation. Mr. Nebeker has tried to conclusion over 75 civil jury trials. Mr. Nebeker is an active member of the Arizona Bar Association, the Defense Research Institute, the International Association of Defense Counsel, the Arizona Association of Defense Lawyers and the American Bar Association. He is also a member of the California Bar Association and the Association of Southern California Defense Counsel. Mr. Nebeker is AV peer rated by Martindale Hubbell and in 2008, Mr. Nebeker was elected an Advocate Level Member of the American Board of Trial Advocates (ABOTA). Mr. Nebeker has been selected as a Super Lawyer for the Southwest Region four the past four consecutive years and was nominated for Fellowship in the Litigation Counsel of America, Trial Lawyer Honorary Society.

Mr. Nebeker is a recognized national speaker on construction litigation issues and has successfully represented developers and general contractors in all phases of litigation for the past 30 years in both Arizona and California. Mr. Nebeker has spoken at and presented written materials for the following organizations: West Coast Casualty, Mealey Publications, Lorman Educational Services, National Business Institute, Maricopa County Bar Association, MC Consultants' Construction Law Seminars, Defense Research Institute and the State Bar of Arizona.

The Arizona office, currently managed by Mr. Nebeker, includes ten attorneys as well as five paralegals. The caseload involves traditional litigated cases including automobile, premises, and product liability. In addition, in the construction defect arena, the firm is currently representing Beazer Homes, Centex Homes, Fulton Homes, Ryland Homes, Meritage Homes, D.R. Horton Homes, Toll Brothers, Shea Homes and Pulte/Del Webb Homes. Recently, this firm was named Pulte Homes Litigation Counsel of the Year (2006 and 2008).

Mr. Nebeker has several published opinions in the Arizona and California Court of Appeals. See: Gouvis Engineering v. Superior Court, 43 Cal.Rptr.2d 785 (1995); Camelot by the Bay Condominium Owners' Assn. v. Scottsdale Ins. Co., 27 Cal.App.4th 33, 32 Cal.Rptr.2d 354 (1994); Equitable General Ins. Co. v. Helm, 128 Ariz. 6, 623 P.2d 365 (Ariz. 1981); La Jolla Village Homeowners' Assn. v. Superior Court, 212 Cal.App.3d 1131, 261 Cal.Rptr. 146, Prod.Liab.Rep. (CCH) P 12,277 (Cal.App. 1989); Decca Design Build v. American Automobile Insurance Co., 206 Ariz. 301, 77 P.3d 1251 (Div. 1 2003).

Paul M. Schmidt co-chairs the Environmental Practice Group at Zarwin, Baum, DeVito, Kaplan, Schaer, & Toddy, P.C. Mr. Schmidt is a leading practitioner of environmental law, handling litigation, transactions, and regulatory matters for clients ranging from individuals to Fortune 100 companies. Mr. Schmidt is a frequent author and speaker on environmental issues, and has presented to audiences of lawyers, industry representatives, academic groups, community groups and radio listeners.

From 1997 to 2001, Mr. Schmidt counseled the Pennsylvania Department of Environmental Protection’s Southeast Regional Office in permitting and enforcement matters. Prior to joining PADEP, Mr. Schmidt was a Colorado Assistant Attorney General, assisting the Colorado Department of Public Health and Environment on remediation and enforcement activities for major Superfund sites, including the Rocky Mountain Arsenal, the Rocky Flats Nuclear Weapons Facility, and several mining sites.

Mr. Schmidt received his law degree and Certificate of Environmental Law from Pace University School of Law. Prior to law school, Mr. Schmidt received a B.S. in Biology from Kent State University, and spent several years with environmental and industrial hygiene consulting firms. Mr. Schmidt currently Co-chairs the Sustainable Land Use Subcommittee of the Philadelphia Bar Association’s Real Property Section.

 Representative Matters

 Represented homeowners association in Public Utility Commission appeal of an electric utility company’s application to construct a 500 kV electric transmission line through client’s community.  Settled the action in agreement providing client with $3.5 million.

Counseled a foreign company on the appropriate scope of environmental due diligence as part of the multi-million dollar acquisition of a heavily regulated precious metal recycling facility.  Identified and quantified significant environmental risks, enabling the client to avoid erroneously accepting nearly a million dollars of liability.

Litigating federal and state civil actions brought by several homeowner groups against Marcellus Gas production and drilling companies for impacts to private drinking water wells.  Litigating related appeals of PA DEP Orders to gas production companies.

Successfully litigated the appeal of a point source discharge permit for the largest gold mine in the State of Colorado, involving significant federal and state legal issues and complex technical issues requiring the expertise of multiple disciplines.

Guided the participation of a multidisciplinary team of experts evaluating cutting-edge human health and ecological risk assessments and response actions at the 25-square mile Rocky Mountain Arsenal Superfund Site.  Assisted in identifying and enforcing state environmental laws applicable to the Department of the Army’s response actions at the Site.

Developed legal analysis successfully supporting promulgation of state radionuclide standards applicable to the federal Rocky Flats Nuclear Weapons Plant.  Assisted in identifying and enforcing State environmental laws applicable to the Department of Energy’s response actions at the Site.

Counseled Fortune 50 company on appropriate environmental due diligence, site investigation and remediation of numerous properties acquired as part of multi-million dollar facility acquisitions.  Assisted the client to develop claims against the seller’s escrow fund, and to rezone and convey various parcels, thus maximizing the client’s return on the acquisition.

Assisted a developer in satisfying City of Philadelphia’s stringent stormwater control requirements on a challenging property.  Managed the client’s various consultants in order to ensure efficient, timely completion of necessary activities.

Obtained the favorable settlement of an action by a national owner of commercial/retail properties in a suit against Fortune 100 companies seeking to recover costs to investigate and clean up hazardous substances.  The client had alleged the defendants discharged the substances at the client’s warehousing facility prior to the client’s ownership.

On behalf of an insurance carrier, represented the installer of an underground storage tank system in an action brought by the owner/operator of a gasoline station following the release of gasoline.  Investigated the release and tank registration history and successfully tendered a claim with the Pennsylvania Underground Storage Tank Indemnification Fund (USTIF).

Represented a consulting firm in a suit seeking approximately $10,000,000 in actual and treble damages for alleged failure to identify building defects during buyer’s due diligence investigation of a multi-building apartment complex.

Won the early dismissal of a serious bodily injury action filed in Philadelphia Common Pleas Court against an environmental contractor.  Obtained sufficient evidence during streamlined discovery to demonstrate that the contractor’s duties did not include removing the specific materials which resulted in the plaintiff’s alleged injuries.

Personal

Lectures:

“Environmental Disclosures and Conditions in Philadelphia Residential Sales”, presented to Aarch Realty LLC, April 12, 2006.

“Natural Resources Damages”, presented to AIGDC, Inc.

“Offer of Judgment Rule in NJ”, presented to AIGDC, Inc.

“All Appropriate Inquiry and the Impact to EPA Grantees”, presented to EPA’s Region III Brownfields Grant Recipients Workshop, December, 2006.

“Common Environmental Obstacles in Real Estate Transactions”, presented to Bucks County Commercial Real Estate Networking and Exchange, May 18, 2007.

“Practical Tips For Mastering Large Commercial Real Estate Deals: Deal or No Deal”, legal CLE, Philadelphia, PA, August 2, 2007.

“Stormwater Utilities in Pennsylvania”, Temple University School of Civil and Environmental Engineering, September 10, 2007.

"Stormwater Utilities Legislation", 2007 Pennsylvania Stormwater Symposium, Villanova University, October 16, 2007.

"Stormwater Management: a Legal Perspective", Second Annual Mid-Atlantic Clean Ports Workshop, November 1, 2007.

"Don't Get Caught in the Storm: Learn about Philadelphia’s New Storm Water Regulations", Philadelphia Counselors of Real Estate, November 26, 2007.

"If Only You Knew - Addressing Environmental Issues Arising in Real Estate Transactions and Development", Philadelphia Bar Association Bench-Bar and Annual Conference, September 20, 2008.

"Green Industry - Laws That Could Affect Your Business", presented to Montgomery County Industrial Development Corporation, February 24, 2009.

"Who to Call & What to Do if the Inspector Finds a Concern", presented to Philadelphia Dry Cleaners Association & the Korean Dry Cleaners Association of Philadelphia, May 14, 2009..

Articles:

"One Size Does Not Fit All - The Importance of Tailored Environmental Due Diligence and Post-Transfer Activities," Legal Intelligencer, Real Estate Law Supplement, March, 2007.

"Know When to Say When - Deciding Whether to Take Further Action on Conditions Identified in Phase I Assessments," Legal Intelligencer, Environmental Law Supplement, April, 2007.

"Green Grows - Philadelphia's Laws and Policies to Promote Sustainability," Philadelphia Lawyer Magazine, Fall 2008.

PRACTICE AREAS Environmental   BAR ADMISSIONS Colorado New Jersey Pennsylvania   EDUCATION B.S. in Biology, Kent State University J.D. Pace University School of Law   MEMBERSHIPS

Advocacy Committee, Delaware Valley Green Building Council

Chair - Environmental Advisory Commission, Springfield Township, Montgomery County Executive Committee - Philadelphia Bar Association, Real Property Section 

James ("Jim") Shea is a Mediator, Arbitrator and Umpire with over thirty plus years of legal and ADR experience. Jim's mediation practice focuses on construction, employment, insurance and tort claims. Jim also conducts arbitrations in the areas of construction, insurance, commercial and torts. Jim is based in the Tampa Bay area but handles mediations and arbitrations in person throughout the Southeast or virtually wherever parties may require.

Over his career, Jim has represented Plaintiffs, Defendants and Self-Insureds in state and federal courts, as well as ADR proceedings across multiple practice areas. Jim's experience, which includes serving for over ten years as the Chief Legal Officer and Chief Risk Officer for a group of privately held telecom and fiber installation companies, enables him to bring unique insight on risk to help parties obtain a resolution to their disputes.

Lee Wright is a claim professional with more than thirty five years of experience focusing on the handling and management of large, complex litigation files involving products, transportation and construction risks. He has overseen national claims programs for self-insureds and foreign insurers and acted as a regional training coordinator for a major insurer. He is a regular speaker at national and regional seminars and classes on insurance coverage and risk transfer issues and an approved CE instructor in CA, MD, SC and VA. He is a past President of the Construction Defect Claim Manager Association and a Member of the CLM Construction Claims Advisory Board and served as the inaugural Dean for CLM's Claims College School of Construction Claims.

Specialties: Construction Defect Claims & Management, General Liability Coverage, Contractual Risk Transfer, Arbitration and Mediation

Mr. Zaralban received his Bachelor of Civil Engineering and a Master of Science degree in Civil Engineering, specializing in structures from the Georgia Institute of Technology. Mr. Zaralban’s extensive background in structural design aids him in investigating structural failures, construction and design defects, and building moisture problems. The emphasis of his structural design is in steel, concrete, and masonry structures for chemical, industrial, and municipal facilities. Mr. Zaralban has provided expert analyses of potentially defectively constructed roof structures, roof finishes, steel, aluminum, concrete, masonry and wood frame structures, exterior wall finishes (masonry, wood, stucco, and EIFS), windows and doors, stairs and railings, and elevated walkways and balconies. He is also a Structural Masonry Inspector and has expertise in the evaluation of pedestrian ingress/egress ways, including the evaluation of walkway slip resistance. He is a member of the American Society of Civil Engineers (ASCE) and the National Council of Examiners for Engineering and Surveying (NCEES). Mr. Zaralban has provided expert testimony with regard to civil engineering.