The Washington, DC office of Carter Ledyard & Milburn LLP represents clients involved in land use and environmental matters, litigation, and complex regulatory and administrative matters before federal, state, and local government agencies and courts. The firm’s attorneys have represented clients before the Environmental Protection Agency, Food and Drug Administration, Department of Justice, U.S. Department of Labor Occupational Safety and Health Organization, National Transportation Safety Board, Federal Railroad Administration, Securities Exchange Commission, and other Executive Departments and independent agencies.

In recent years, much of the activity in the Washington office has focused on the areas of environmental law, including urban redevelopment projects, brownfields, and negotiation and drafting of unique insurance policies and other liability transfer agreements; commercial litigation; and representation of clients developing, manufacturing and/or marketing innovative drugs, medical devices, and nutritional supplements.

Environmental and Land Use Practice

The Washington practice of the firm’s Environmental Practice Group is directed by Michael C. Davis. The Environmental Practice Group represents both governmental and private clients in permitting for major projects and facilities, advises clients in the preparation of environmental impact statements and assessments under federal and state law, and represents clients in a broad range of environmental litigation and administrative proceedings, including all forms of environmental litigation in federal and state courts, environmental impact assessment and disclosure, land-use planning and development, regulation of hazardous and toxic substances, corporate compliance and environmental audits, historic preservation, governmental relations, and international environmental regulation. Among the corporate and governmental clients that members of the Group have represented in environmental and land-use matters are: Archer-Daniels-Midland Co., Nabisco Brands, Inc., Alloy Technology International, Inc., National Broadcasting Company, the Trump Organization, Related Housing, Julien J. Studley, Inc., United Water Resources, Inc., Gerald Metals, Inc., Levco Metals, Iscar Ltd., AWT-Chemfix Joint Venture, First National Bank of Chicago, First City Investors, the Kasuga Group, National Railroad Passenger Corporation, Norfolk Southern Corporation, GATX Financial Corporation, Kaneka Delaware Corporation, Dynamic Worldwide Development Corp., Pollution Risk Services, LLC, Beth Abraham Health Services, New York Presbyterian Hospital, Westbeth Corp. Housing Development Fund Company, Inc., Elders International Inc., Wullschleger Enterprises Incorporated, Steinway Musical Properties, Inc., Ferry Point Partners, Exco, Inc., Lincoln Center for the Performing Arts, Carnegie Hall, the YMCA of New York City, Battery Park City Authority, City of Newburgh, City of Niagara Falls, City of White Plains, Metropolitan Transportation Authority, New York City Council, New York City Convention Center Development Corporation, New York City Transit Authority, New York State Energy Resource and Development Authority, New York State Housing Finance Agency, New York State Urban Development Corporation (Empire State Development Corporation), Lower Manhattan Development Corporation, New York Power Authority, Long Island Power Authority, Rochester Convention Center Development Corporation, Roosevelt Island Development Corporation, Roosevelt Island Operating Corporation, Town of Southampton, Village of Larchmont, Village of North Tarrytown, Village of Pelham, Westchester County Board of Legislators, the United Nations Centre on Transnational Corporations and numerous environmental and non-profit organizations, including the Natural Resources Defense Council, National Audubon Society, Sierra Club, Environmental Integrity Project, Inc., Physicians for Social Responsibility, Scenic Hudson, League of Women Voters of New York State, NAACP Legal Defense and Educational Fund and Human Rights Watch.

The preceding and many other matters have included substantial involvement in both the legal and the technical aspects of environmental regulation. The relevant areas of the Group’s acquired expertise include air quality (both stationary and mobile sources); water quality (regulatory and grant programs), wetlands (delineations and enforcement actions), coastal zones and aquifer protection; solid waste disposal (landfill permitting); hazardous wastes and substances (federal and state Superfund proceedings and contribution actions), asbestos and lead removal, and site investigation and remediation; land use and development (zoning approvals and facility and plant sitting); “brownfields” development; resource recovery; transportation (infrastructure, motor vehicle and transit impacts); catastrophic releases of hazardous materials during transportation (National Transportation Safety Board investigations); historic preservation (including rehabilitation credits and landmark reviews); and other subjects of environmental concern.

Click here for a complete description of the Environmental Practice Group.

Food, Drugs and Biotechnology

Attorneys in the Washington office advise clients concerning regulatory issues confronting manufacturers and distributors of foods, food additives, functional foods, nutritional supplements, drugs, biologic products, medical devices and other biotechnology products. We have represented drug and medical device applicants before the Food and Drug Administration in virtually all aspects of product development from the initial application for investigational drug or device exemption through presentation to the appropriate advisory panel and final approval. Among other things, we have been involved in: development of protocol and consent forms; compliance advice to clinical study monitors; preparation of annual and unanticipated adverse reaction reports; preparation for GMP inspections and clinical study data audits; organization and presentation of data in investigational new drug and device applications and pre-market approval applications; labeling; and insurance reimbursement.

Click here for a link to the firm’s Food, Drug, and Medical Device Practice.

Insurance

Attorneys in the Washington office have substantial experience in a variety of insurance matters. The firm has represented policy holders as well as insurance companies in lawsuits over coverage for a variety of environmental and asbestos claims. In addition, our attorneys have been actively involved in representing insureds in negotiating, evaluating, and procuring specialized insurance coverage policies covering environmental and toxic tort related risks. Recently, we have been been involved in negotiating or amending in excess of $275 million in environmental coverage from the nations’ most prominent environmental insurers.

Click here for a link to the firm’s Insurance Law Practice

Commercial Litigation

The attorneys in the Washington office represent clients involved in commercial litigation before federal and state courts and arbitration panels. Substantive areas of practice include the following:

Contract and Commercial Disputes - CL&M handles all forms of contractual disputes, including those pertaining to distribution, sales, acquisitions, franchising and employment, as well as real estate litigation involving commercial landlord/tenant disputes, condemnation proceedings and construction contract disputes.

Intellectual Property - CL&M has represented both plaintiffs and defendants in a variety of trademark infringement, licensing and trade secret litigations, as well as copyright actions.

Securities Litigation - An historic strength of the litigation department has been the defense of corporations and/or their directors and officers in actions involving allegations of violations of the Federal securities laws, particularly the anti-fraud provisions thereof. These cases typically charge misleading disclosure by our clients and arise in a variety of factual contexts, including mergers and acquisitions, public offerings, tender offers, private placements, financing and broker/customer relations. Two of the litigation partners are former assistant U.S. Attorneys with unique expertise in this area.

Product Liability Litigation - CL&M's product liability litigation practice includes representation of industry and construction in defense of thousands of asbestos personal injury and property damage cases. CL&M served as coordinating liaison counsel between the court and the approximately 50 other parties to the cases. Recent product liability defense work includes property damage claims resulting from defective construction materials (other than asbestos) and tobacco litigation.

Antitrust and Unfair Competition - CL&M has expertise in antitrust and trade regulation matters and has most recently handled matters involving allegations of illegal mergers under the Clayton Act, price discrimination under the Robinson-Patman Act and various associated common law claims, including interference with contractual relations, covenants-not-to-compete, distributor terminations and many other cases.

Environmental Law - CL&M has a significant environmental litigation practice focused on claims under the Comprehensive Environmental Response, Compensation and Liability Act (also known as the Superfund Law) and other federal and state laws for cleanup of hazardous waste discharges.

Click here for a link to the firm’s Litigation Practice.

Mergers and Acquisitions

The U.S. Department of Justice (DOJ), the Federal Trade Commission (FTC), and other governmental entities routinely review mergers and acquisitions to ensure compliance with American antitrust laws or for other reasons. DOJ or FTC staff attorneys reviewing the proposed merger or acquisition frequently request additional information from the parties to the transaction under the Hart-Scott-Rodino Act in order to evaluate the competitive effects of the transaction under the antitrust laws. The firm’s attorneys have represented clients in responding to such "second requests" regarding mergers and acquisitions and in seeking to persuade the agencies to terminate their investigations and to permit the transactions to occur. Among other things, we have represented foreign buyers obtaining DOJ or FTC approval of acquisitions of American companies.

For additional information, please contact Michael C. Davis.