_Fracking_ Conference October 3_ 2012 Faculty Biographies

Document Sample
_Fracking_ Conference October 3_ 2012 Faculty Biographies Powered By Docstoc
					                          HB Litigation Conferences Presents
                  Shale Gas Drilling Operations (Fracking) Conference
                                     October 3, 2012

                                      Faculty Biographies

8:00    Introductory Remarks and Chair Session

Marc J. Bern, a nationally-recognized plaintiffs’-bar trial attorney, is a founding and Senior
Partner of Napoli Bern Ripka Shkolnik LLP. In a legal career spanning over 35 years, Mr. Bern
has tried more than 100 cases to jury verdict and has settled hundreds of cases for amounts in
excess of $1,000,000. Mr. Bern has been profiled in Who's Who in America Law; he is a member
of the invitation-only Million Dollar Advocates forum and in 2007 was chosen as one of the Top
500 Plaintiff’s Lawyers In the United States by Lawdragon. He has been designated a New York
Super Lawyer® every year since 2006. In addition, he was selected as one of “America’s Premier
Lawyers” by Fortune Magazine. Martindale Hubble has awarded Mr. Bern its pre-eminent AV
rating: “Highest Rating in Legal Ability and Ethical Standards,” for over 20 consecutive years. In
2007, Mr. Bern was honored with an invitation to become a charter member of the Litigation
Counsel of America and he was also selected one of the Top 100 Trial Lawyers of New York. Mr.
Bern served on the board of directors of the New York Trial Lawyers Association, is active in
numerous bar associations, has been interviewed on numerous television shows, in newspaper
and magazine articles and is frequently consulted by attorneys around the country on a variety of
mass tort, malpractice and liability issues. He has lectured before the Association of Trial
Lawyers of America, New York State Trial Lawyers Association, Practicing Law Institute, New
York County Lawyers Association, Wisconsin Trial Lawyers Association, Hahnemann Medical
College, Mealey’s seminars, and Melvin Belli seminars. Mr. Bern has appeared as a Guest
Commentator on Court TV; he has also appeared on televisions shows including Geraldo Rivera,
Phil Donahue, Montel Williams; and on news broadcasts for ABC-TV, NBC-TV and CBS-TV.
Additionally, Mr. Bern has been interviewed in the Wall Street Journal; the New York Times; the
Philadelphia Enquirer; the New York Post; the New York Daily News; New York Newsday; the
Southampton Press and Forbes Magazine, among many others.

Jennifer Quinn-Barabanov is a partner in the Washington office of Steptoe & Johnson LLP,
where she is a member of the firm’s Litigation Department. Ms. Quinn-Barabanov concentrates
her practice on class actions, mass torts, toxic torts, product liability matters, and other complex
disputes. Ms. Quinn-Barabanov is adept at handling toxic tort and product liability matters in all
of the contexts in which they arise, including: single plaintiff cases, mass actions involving
hundreds of plaintiffs, thousands of similar cases filed in jurisdictions across the country, and
class actions. She has litigated product liability matters related to wireless phones, silica, welding
fumes, pesticides, and polio vaccines, to name a few. In the toxic tort area, Ms. Quinn-Barabanov
has litigated cases involving alleged groundwater, air and soil contamination, as well as vapor
intrusion. Most notably, Ms. Quinn-Barabanov has successfully defeated class certification in
several cases seeking medical monitoring relief. She is a recognized leader on issues related to
the use of expert testimony in the context of class certification proceedings. Ms. Quinn-
Barabanov frequently serves as national coordinating counsel for companies that face many
similar lawsuits related to a product or alleged chemical exposures. In this role, she has
formulated and implemented global strategies for successfully representing clients faced with
thousands of individual law suits, consolidated federal multidistrict litigation, and class actions.
8:30    Understanding Fracking, the Potential Risks and Risk Management Concerns

Bill Hardin is a director in the Chicago office of Navigant Consulting where he works with a
very close knit team of professionals assisting audit committees, boards, counsel and management
with complex business matters. He uses his business strategy, financial, and technology skill sets
to advise companies in connection with business disputes, anti-corruption investigations,
corporate misconduct, theft of trade secrets, and forensic accounting matters. In addition, he
provides interim management solutions and performs strategy/operational consulting for
companies across varied industries. Bill helps clients with emerging issues ranging from data
privacy to enterprise risk management and is part of Navigant’s Fracking team. He has deep
industry expertise in the insurance, financial services, oil and gas, retail, hospitality and
consulting industries. Bill is a CPA/CFF, CFE, PMP, and has an MBA from the University of
Chicago Booth School of Business.

L. Brun Hilbert, Jr., Ph.D., P.E., is a Principal Engineer in Exponent’s Mechanical Engineering
practice. Dr. Hilbert has been consulting at Exponent since 1996 in the fields of mechanical and
petroleum engineering, with special applications to engineering mechanics and geomechanics. He
has worked in the petroleum exploration and production industry for 30 years. Dr. Hilbert has
expertise in stress analysis, solid mechanics, fluid mechanics, heat transfer, and structural
component design. In the area of petroleum engineering, he has expertise in oil and gas well
design, well production and wellhead equipment, hydraulic fracturing, well stability and sand
production, well stimulation, drilling mechanics, petroleum rock mechanics, reservoir
geomechanics, fixed and floating offshore platforms, and gas and liquid hydrocarbon storage in
solution-mined salt caverns and hydrocarbon formations. In the area of geomechanics, Dr. Hilbert
has expertise in evaluating the structural integrity of oil and gas wells in compacting or deforming
reservoir rocks, in the stability of underground storage structures and nuclear waste repositories,
and he assists clients in failure analysis involving soil-structure interaction, including pipelines.
Dr. Hilbert has highly specialized expertise in the structural integrity and leak resistance of the
threaded connections used to join high-pressure pipe. He has conducted failure analyses of steel,
rubber, and plastic structures. Prior to joining Exponent, Dr. Hilbert was employed as an
Engineering Specialist for Exxon Production Research Company.

9:30    The Evolving Regulatory Environment – What Are the Regulations Today?

John P. Imse is a Vice President with Norwest Corporation ( John has
over 30 years of experience as a consulting geologist. He has been retained by clients throughout
the U.S. to evaluate the source, fate, and transport of soil and groundwater contaminants in
complex geologic settings - including fractured bedrock. John has represented his clients before
federal and state regulators; in addition to serving as an expert witness in litigation related to
private party cost recovery, toxic tort litigation, and insurance cost recovery. Mr. Imse’s current
involvement with shale gas and oil development includes: evaluation of wastewater management
options, assessment of groundwater issues, evaluation of proposed regulatory changes,
assessment of exposure and potential risk, and evaluation of seismic activities attributed to well
development and deep well injection.

Michael Wigmore is co-chair of the Environmental and Natural Resources Practice Group at
Bingham McCutchen LLP. Mike represents conventional and renewable energy companies, oil
and gas companies, trade associations, investors, and manufacturing clients with respect to public
lands and natural resources matters in court, before Congress, and before federal and state
administrative agencies (including the U.S. Army Corps of Engineers, U.S. Forest Service,
National Park Service, U.S. Fish and Wildlife Service, Bureau of Land Management, and the
EPA) in matters arising under the National Environmental Policy Act (NEPA), Endangered
Species Act (ESA), Federal Land Policy and Management Act, National Forest Management Act,
Clean Water Act, Oil Pollution Act (OPA), National Historic Preservation Act (NHPA), Rivers
and Harbors Act, and related state statutes. According to Chambers USA, “Clients compliment
[Mike’s] ability to combine ‘detailed knowledge of statutes, impending regulations and case law
with sound business advice’” and “praise his ‘unbelievably good case-handling abilities.’” Mike
has successfully represented clients in obtaining and defending in court permits and
authorizations for such projects as high-voltage electric transmission lines, oil and gas
development, undersea fiber optic cables, and waterfront commercial real estate developments.

10:45 Protecting Clients on the Front End

Vincent Carita is of counsel at Hoagland, Longo, Moran, Dunst & Doukas, where his practice is
focused on complex, multi-party construction litigation and design professional liability issues. In
addition to his legal practice, Vince is also a licensed professional engineer in five states, with
more than twenty years of experience in engineering and construction. Vince became a LEED
Accredited Professional, certified by the Green Building Certification Institute, in 2009. He is
also a member of the Green Building Practice Group. Prior to joining the firm in July 2007, Vince
served for five years as a vice president and practice leader for Claims and Litigation Support
Services for a large transportation engineering firm headquartered in Philadelphia, Pennsylvania.
There, he was responsible for leading project-specific teams composed of senior engineering
consultants, financial analysts, CPM schedulers and associated staff in providing technical
support to owners, sureties, counsel and others involved in the resolution of insurance and
construction-related claims and disputes. He has conducted numerous investigations for major
property and casualty insurers, performed cause and origin analysis, prepared evaluative reports
and provided consulting engineering services and expert witness testimony on lawsuits involving
alleged construction defects, design professional malpractice, construction accident/job site safety
issues, contractor delay/inefficiency claims and personal injury and/or property damage claims. In
addition, he has served as a guest lecturer/presenter at various continuing education seminars,
speaking on topics related to construction risk management and design professional liability.

Gregg Rosen is a partner at McGuire Woods LLP, where his law practice primarily consists of
representing businesses involved in conventional oil and gas, coalbed methane gas, and coal as
well as other minerals, natural resources, environmental resources, land development, and
technologies related to underground mine safety and carbon-based materials. He devotes
significant time to mergers and acquisitions, commercial law counseling and mineral
conveyancing. Mr. Rosen also represents coal producers and developers in all aspects of coal
mergers and acquisitions, coal reserve leasing, acquisition and disposition, contract mining, and
mineral conveyancing matters. He represents coal producers and consumers in all aspects of coal
supply agreements. He has been active in synthetic fuel and refined coal siting, feedstock and
synfuel off-take and facility development and facility operation agreements. Mr. Rosen
represents oil and gas and coal producers in matters including water discharge, facility siting,
permitting, design, compliance and reclamation matters. He acts as regulatory counsel to
operating oil and gas and coal producers, including in proceedings before federal and state
regulatory agencies involving matters related to water discharges, water, noise and dust pollution,
reclamation standards, license and permit suspension and revocation, ownership and control
permit blocking issues, designation of areas unsuitable for mining, injunctive relief and
reclamation bond forfeitures. In the past, Mr. Rosen also has represented coal producer trade
associations on legislative issues before federal and state regulatory and legislative agencies.
Currently, Mr. Rosen is the principal McGuireWoods contact with the Marcellus Shale Coalition
of which McGuireWoods is a member.

11:15 Coverage Implications

Theodore R. Henke is the Senior Vice President & General Counsel for The OIL Group of
Companies. In that capacity he advises both OIL Insurance Limited and Oil Casualty Insurance
Limited on coverage issues involving the OIL Shareholders’ Agreement, the Bermuda Form and
Reinsurance agreements. He has significant involvement in coverage disputes in international

Jared Zola is a New York-based partner and deputy practice leader in Dickstein Shapiro’s
Insurance Coverage Practice. Mr. Zola is also the national co-leader of the firm’s Environmental
and Production Liabilities Insurance Initiative. His practice focuses on representing corporate
policyholders in insurance coverage litigation, as well as negotiating settlements with prominent
property and casualty insurers. Since joining the firm, Mr. Zola has participated in the trials of
several major coverage matters and dealt with a variety of significant and complex insurance
coverage disputes, including professional liability, political risk, asbestos, environmental, toxic
torts, construction defects, directors and officers, first-party disputes, and bad faith. His work has
secured hundreds of millions of dollars in coverage for clients. The 2012 edition of Legal 500
recognized Mr. Zola as “outstanding.” Mr. Zola was also recognized as a “Rising Star” in 2011
and 2012 by New York Super Lawyers. Prior to joining Dickstein Shapiro in 2006, Mr. Zola
worked as an associate at an insurance coverage litigation boutique law firm, where his practice
focused on the representation of policyholders in first-party and third-party disputes. There, he
played a major role in several trials in which the policyholders obtained multimillion-dollar

Antonia B. Ianniello is a senior partner at Steptoe & Johnson LLP, a member of the Executive
Committee and former Chair of Steptoe’s Insurance/Reinsurance Practice. For more than 25
years, she has appeared as counsel for insurers in courts across the country, litigating complex
coverage disputes relating to CGL, property, errors and omissions, and D&O policies, surety and
fidelity bonds, and other specialty insurance products. She has represented insurers in numerous
high-profile coverage matters involving pharmaceutical products liability claims, mass tort claims,
and environmental, construction defects, and bad-faith claims. She recently served as
international coordinating counsel for a major insurer on all claims arising out of the Japan
earthquake/tsunami disaster. She has also served as lead counsel in insurance and reinsurance
coverage arbitrations involving London Market and Bermuda Form policies, in the U.S. and
overseas. Ms. Ianniello received Business Insurance’s 2011 “Women to Watch Award” and has
been recognized in virtually every industry guide, including Chambers USA “Leading Lawyers,”
Super-Lawyers, Best Lawyers, Legal 500, Euromoney’s Expert Guides to the World’s Leading
Insurance Lawyers, Women in Business Law and Washingtonian Magazine’s “Top Lawyers.”
She recently was named among the “Top 50 Women Lawyers” in Washington, D.C. and was
described by Legal 500 as a “first-rate lawyer” who has “produced outstanding results in the most
difficult cases.”

1:30    Current Litigation Strategies and Issues

Hon. Ronald Hedges (Former) is Of Counsel to Corodemus & Corodemus. He has extensive
experience in e-discovery and in the management of complex litigation and has served as a
special master, arbitrator and mediator. He also consults on management and discovery of
electronically stored information (ESI). Judge Hedges is admitted to the bars of the District of
Columbia, New Jersey, New York and Texas. He is also admitted to the bars of various courts of
the United States. Judge Hedges was a United States Magistrate Judge in the United States
District Court for the District of New Jersey from 1986 to 2007. While a magistrate judge, he was
the Compliance Judge for the Court Mediation Program, a member of the Lawyers Advisory
Committee, and both a member of, and reporter for, the Civil Justice Reform Act Advisory
Committee. From 2001 to 2005 he was a member of the Advisory Group of Magistrate Judges.
Judge Hedges was an adjunct professor at Seton Hall University School, where he taught
mediation skills (1993-2007). He is currently an adjunct faculty member at Georgetown
University Law Center and Rutgers School of Law-Newark, where he has teaches an introduction
to electronic discovery and evidence. He is also a Fellow at the Center for Information
Technology of Princeton University for 2010-11 and 2011-12. Judge Hedges is also a member of
the College of the State Bar of Texas.

Richard Faulk chairs the Litigation Department and Environmental Practice Group at Gardere
Wynne Sewell LLP. He concentrates his practice in complex toxic tort and environmental
litigation, including class actions and other “mass tort” cases involving multiple plaintiffs and
defendants. He has significant expertise in cases with international implications and comparative
mass tort procedures. Mr. Faulk also leads Gardere's Climate Change Task Force. He and his
partner, John Gray, have authored one of the major scholarly papers in the area, Stormy Weather
Ahead: The Legal Environment of Global Climate Change. This comprehensive article has been
presented at conferences of the U.S. Chamber of Commerce, in media events at the Washington
Legal Foundation, and at various professional development seminars for lawyers, engineers, and
businessmen. Since climate change is a multi-disciplinary issue that affects clients in a variety of
ways, Mr. Faulk has assembled a Task Force that includes not only trial and appellate lawyers,
but also lawyers from the corporate, environmental, tax, and intellectual property areas, as well as
respected experts in the field. In over 35 years of practice, Mr. Faulk has served as lead counsel
for toxic tort and environmental litigation in Texas and other jurisdictions. He has defended
claims for a variety of injuries and illnesses, including various forms of cancer and neurotoxic
effects, and has assembled a group of highly qualified medical, safety, and engineering experts to
assist in defending his clients. Mr. Faulk is also experienced in environmental litigation, including
groundwater contamination cases, cost recovery and contribution actions under CERCLA and
state environmental laws, and "neighborhood" exposure cases alleging residential toxic exposures
and property value diminution from alleged pollution released by manufacturing facilities.

Jacob Grouser is an associate in the firm’s Environmental and Toxic Tort Practice Group and
Green Building Practice Group at Hoagland, Longo, Moran, Dunst & Doukas, LLP. He has
extensive experience defending and prosecuting environmental claims in both state and federal
courts arising from contamination associated with dry-cleaning operations, service stations,
industrial facilities, underground-storage tanks and landfills. Additionally, Jacob frequently
counsels clients in connection with transactional and regulatory environmental matters and the
pursuit of insurance coverage. Within therealm of toxic torts, Jacob has successfully defended
various claims alleging exposure to hazardous substances, including: benzene; mold; lead paint;
asbestos; silica; talc; pressure treated lumber; carbon monoxide; mixed dust and mixed chemicals.
In connection with his practice, Jacob is constantly striving to stay in the forefront of his field. He
often attends and presents at various seminars and frequently publishes articles and updates on
emerging trends and developments within his practice areas. Currently, Jacob is the Vice Chair of
the New Jersey Defense Association’s Environmental Law Committee and was a member of the
Justice Stewart G. Pollock Environmental American Inn of Court. In June of 2009, Jacob became
an accredited professional in Leadership in Energy and Environmental Design (LEED AP) and
was instrumental in the formation of the firm’s Green Practices Group. Prior to joining the firm,
Jacob served as law clerk to the Honorable Bryan D. Garruto, in the Law Division of the
Middlesex County Superior Court. While in law school, Jacob received a Pro Bono award in
connection with his participation in the Bankruptcy Project, VITA Tax Assistance, Security
Deposit Project and Holocaust Survivor Project.

2:30    Lessons Learned on (Or Under?) the Ground in Dimock, PA & Parker County, TX

Tate Kunkle is an associate in the environmental litigation department of Napoli Bern Ripka
Shkonik & Associates, LLP. His practice entails representing municipal water providers to
recover for industrial contamination and plaintiff’s mass tort litigation, concentrating on helping
people harmed by gas drilling operations, oil spills, and exposure to hazardous air and water
contaminants. Mr. Kunkle was an integral part of the team that helped obtain a $52 million
dollar settlement for environmental contamination of municipal water supplies of MTBE by
petroleum refiners and retailers. He also worked extensively on In Re: World Trade Center
Disaster Site Litigation, which resulted in a $712.5 million dollar settlement of injuries sustained
by rescue and recovery workers at Ground Zero from toxic dust. He can be reached at

J. Stephen Ravel is Partner in charge of the Austin Office of Kelly Hart & Hallman LLP and has
experience handling the full gamut of business litigation matters at trial and on appeal. Mr. Ravel
has worked on both sides of the docket, including breach of contract/business torts, regulatory
takings, lender liability/breach of trust matters, environmental matters, securities claims,
insurance coverage/claims practices, Patent/trademark/trade secret/migrating employee
engagements, construction litigation, telecommunication/internet regulation, class actions, and
challenges to administrative rules and other regulatory actions. He has been involved in a number
of high technology matters. He often teams with the firm's administrative lawyers when
regulatory matters progress to the courthouse. Mr. Ravel has tried a number of cases relating to
the limits of government power. He served as General Counsel to Texas icon Ann Richards
during her service as State Treasurer. He worked as a news producer at CBS television stations in
Boston and Austin and likes it when he is introduced as belonging to the bar association's
recovering journalist section. In his pro bono practice, Mr. Ravel seeks to obtain healthcare
benefits for seriously ill individuals who have been denied coverage. Steve and his wife Suzanne
are raising 15 year old twins. He is an instrument rated pilot, endorsed to fly technically advanced

3:45    Scientific Evidence - Daubert Issues Related to Personal Injury and Property
        Damage Claims

John Spillane has been maintaining an active litigation practice since he was first licensed in
1993. With a background in personal injury and product liability litigation, John brought his
experience to a national plaintiffs’ firm in January 2000, and has been actively managing and
litigating serious personal injury and death cases across the United States for more than a decade.
For more than twelve years his practice has focused on mesothelioma cases and protecting the
rights of clients both in both the judicial and legislative branches. He has managed, litigated and
consulted on mesothelioma cases in numerous jurisdictions across the country, and he is currently
actively involved in a number of mesothelioma cases as well as various other wrongful death and
product liability cases in a jurisdictions across the country. John attended Trinity University in
San Antonio, Texas where he received a B.S. in 1988, and he later graduated from The Dedman
School of Law at Southern Methodist University in Dallas, Texas in 1993. John has maintained a
residence in Dallas, Texas since that time and has been married to his wife Stephanie since March,
1999. Together they have one son, Jack, who is a huge fan of any and all dinosaurs and the proud
“big brother” to two yellow labs, Scotty and Spencer.

John Kind, Ph.D., is the Director of Toxicology at The Center for Toxicology and
Environmental Health, where he works on a broad range of human-health based issues including
exposure assessment, dose reconstruction, industrial hygiene, and disease causation. He also
participates in the Toxicology Emergency Response Program, leading air monitoring and
environmental sampling teams to address worker and public safety after hazmat incidents across
the country. Based on this work, he routinely faces a variety of issues and concerns related to
chemical releases from fixed facilities, the transportation industry, oil and gas exploration and
production, and landfills. Dr. Kind also serves as an expert witness in toxic tort litigation
providing testimony regarding disease causation.

John J. McAleese, III is a partner in Morgan Lewis's Litigation Practice and co-chair of the
Environmental Practice. Mr. McAleese is residents in Morgan Lewis’s Philadelphia office. His
background includes: Representing corporate clients in civil and administrative environmental
litigation such as cost recovery actions under CERCLA (Superfund) and analogous state statutes,
enforcement actions by federal and state environmental agencies, permit appeals, and toxic torts
relating to environmental contamination; Advising clients on environmental issues that arise in
business transactions involving real estate; Counseling clients on compliance with federal, state,
and local environmental laws and regulations; Representing clients in negotiations with
environmental regulatory agencies such as the U.S. Environmental Protection Agency; and
Counseling clients on issues regarding insurance coverage for environmental risks. Mr.
McAleese has represented clients in many groundwater contamination matters throughout the
United States, including Massachusetts, Connecticut, New York, Pennsylvania, New Jersey,
Delaware, Maryland, North Carolina, South Carolina, Florida, Texas, Illinois, Michigan, Indiana,
California and Washington. For the past 7 years, Mr. McAleese has been representing a client
with regard to one of the largest groundwater contamination litigation matters in Pennsylvania’s

4:30    Jury Considerations for Your Fracking Case

Elizabeth Foley is a founding partner of Zagnoly McEvoy Foley LLC (ZMF) with more than 18
years of experience in trial consulting and studying and teaching communication. She conducts
jury research in a variety of case types including environmental & toxic torts, product liability,
personal injury and commercial litigation. Ms. Foley applies her empirical and experiential
knowledge to assist attorneys with venue analysis, focus groups/mock trials, voir dire and jury
selection, witness preparation and the effective composition and delivery of opening statements
and closing arguments. Over the years, she has assisted attorneys in hundreds of cases in venues
all over the country. For more than 15 years, Ms. Foley has assisted attorneys in hundreds of
cases in venues all over the country. In addition to consulting, Ms. Foley has been a frequent
speaker at state bar associations, corporate litigation conferences, trial lawyer conferences and the
American Society of Trial Consultants. Recent speaking engagements include the Texas General
Counsel Forum: “Jurors’ Perceptions of Corporations,” DRI Toxic Tort & Environmental Law:
“Presenting Relative Risk and Complicated Statistics to a Jury—What Matters to Your Decision
Makers,” and the Rocky Mountain Mineral Law Foundation: “The Trial of a Private Royalty
Lawsuit to Judge and Jury.” Foley has also been on the forefront of industry research including
articles published on the effective use of apologies in litigation, Generation X, jury decision
making and persuasion. Ms. Foley was recently named President Elect of the American Society
of Trial Consultants, the pre-eminent organization for establishing practice standards, ethical
guidelines, and continuing education for members of this field.

Charlotte (Charli) Morris has been assisting lawyers in litigation since 1993 and has significant
consulting experience in civil and criminal litigation. She has consulted on a wide variety of case
types for both plaintiff and defense. She has written numerous articles related to the art and
science of trial advocacy and co-authored her first book with Richard J. Crawford, Ph.D., entitled
The Persuasive Edge. Charli holds dual Bachelor’s degrees and a Master’s degree in Litigation
Science from the University of Kansas. She has also frequently served on the faculty of trial
advocacy colleges and has been a featured guest speaker at Inns of Court, bar association
conferences, continuing education programs, and other litigation practice seminars. She has been
an active member of the American Society of Trial Consultants since 1993 and previously served
on its Board of Directors.

Shared By: