what environmental lawyers need to know about bankruptcy€¦ · what environmental lawyers need to...
TRANSCRIPT
WHAT ENVIRONMENTAL LAWYERS NEED TO KNOW ABOUT BANKRUPTCY
Cassandra Porter, Esq. Lowenstein Sandler LLP (Roseland) Karina Pia Lucid, Esq. Karina Pia Lucid, Esq., LLC (Liberty Corner) Nikki Adame-Winningham, Esq. Lowenstein Sandler LLP (Roseland)
IWENV000616
© 2016 New Jersey State Bar Association. All rights reserved. Any copying of material herein, in whole or in part, and by any means without written permission is prohibited. Requests for such permission should be sent to NJICLE, a Division of the New Jersey State Bar Association, New Jersey Law Center, One Constitution Square, New Brunswick, New Jersey 08901-1520.
Thank you for logging in – the webinar will begin shortly.
1. All Attendee phone lines are muted. 2. Questions may be submitted
Via Chat on the right hand side of your screen. Questions will be answered periodically during the
presentation
Note: Attendees with dial up connections will see a slower response.
1. Type your question here.
3. See your messages here
2. Send
TO ACCESS SEMINAR MATERIALS, ATTENDANCE VERIFICATION AND CLE FORMS
PLEASE GO TO:
http://tcms.njsba.com/personifyebusiness/njicle/WebinarInformation.aspx
PLEASE FAX OR E-MAIL YOUR ATTENDANCE VERIFICATION FORM TO NJ ICLE
FAX: 732-249-1428
E-MAIL: [email protected]
What Environmental Lawyers Need to Know About Bankruptcy
January 28, 2016
New Jersey Institute of Continuing Legal Education
Karina Pia Lucid, Esq. Lucid Law LLC (908) 350-7505
Cassandra Porter, Esq. Lowenstein Sandler LLP
(973) 422-6538 [email protected]
Nikki Adame-Winningham Lowenstein Sandler LLP
(973) 597-2534 [email protected]
Presented by:
Today’s Speakers Karina Pia Lucid is a Bankruptcy Attorney, Professional Mediator, and Bankruptcy Consultant in Collaborative Law cases. Karina’s bankruptcy practice focuses on individual and corporate chapter 7 cases, individual and small, or closely-held, corporate chapter 11 cases, and chapter 13 bankruptcy cases. Karina also has extensive experience with out-of-court work-outs, as well as secured and unsecured creditor representations including Official Committees of Unsecured Creditors and individual creditors in matters involving environmental issues arising in chapter 11 cases.
Today’s Speakers
Nikki Adame-Winningham is an associate in Lowenstein Sandler’s Litigation Department and a member of the Environmental Law and Litigation Practice Group. She has a broad range of experience involving environmental litigation, regulatory compliance, and transactional support related to air, water, waste, and site remediation issues. Prior to practicing in New Jersey, Nikki practiced in Texas focusing on environmental permitting and enforcement matters, administrative litigation, and appeals. Nikki has represented 363 buyers and Official Committees of Unsecured Creditors in matters concerning environmental issues arising in chapter 11 cases.
Page 9
Today’s Speakers Cassandra Porter is Counsel to Lowenstein Sandler’s Bankruptcy, Financial Reorganization & Creditors’ Rights Department. Cassandra’s practice focuses on debtor-creditor law, privacy law, and working with tech start ups. Prior to joining Lowenstein Sandler, Cassandra was law clerk to the Honorable Cecelia G. Morris of the United States Bankruptcy Court of the Southern District of New York. Cassandra’s bankruptcy practice includes the representation of creditor committees, unsecured creditors and debtors. Several of her matters have overlapped between the environmental and bankruptcy worlds, including recent representations of a debtor in negotiations with a state regulatory agency concerning potential environmental issues, and a 363 purchaser of a land requiring environmental remediation.
Logistics & Agenda
Page 10
Topics To Be Covered Today
What is a Bankruptcy Estate? “What is” a chapter 7 case? “What is” and the “differences between” a
reorganizing 11 and a liquidating 11 Overview of section 362 (automatic stay) Overview of section 365 (assumption and rejection
executory contracts) Creditor Types Proofs of Claim
Throughout today’s discussion - Practical Tips
The Bankruptcy Estate
Page 12
The Bankruptcy Estate
An estate consists of all legal or equitable interests of a debtor in its property at the time of its filing under title 11 of the United States Code, 11 U.S.C. §§ 101 et seq.
The estate includes all property in which the debtor
has an interest, even if it is owned or held by another person. See 11 U.S.C. § 541.
Chapters, chapters and more chapters
Page 14
Comparison of Chapter 7 and 11
Issue Chapter 7
Chapter 11
Purpose Liquidation Reorganization or Liquidation
Who Can Be a Debtor?
11 U.S.C. § 109
A person may be a debtor under chapter 7 if he/she is not a railroad, domestic insurance co etc., or a bank.
Any debtor eligible for Chapter 7 relief
Comparison of Chapter 7 and 11
Issue Chapter 7
Chapter 11
Procedure Leading to Discharge
Nonexempt property is sold with proceeds distributed pursuant to waterfall. Dischargeable debts are terminated
Plan submitted; if approved and followed, debts are discharged.
Advantages Upon liquidation and distribution, most debts are discharged. Debtor has a “Fresh Start.”
Debtor continues in possession of estate assets. Creditors can either accept plan or be crammed down. Plans can be for reorganization or liquidation of assets.
What are the Key Differences Between a Reorganizing 11 and a Liquidating 11
Reorganizing Liquidating
During Chapter 11 Process
Same assets may be sold; attempt
to restructure entity
Often, all assets are sold in 363
Sale
Plan Confirmation Requirements
Same Same
Post- Confirmation
Reorganized Entity
Liquidating Trustee to wind down estate’s
affairs
The Automatic Stay
Page 18
11 U.S.C. § 362 (a) Except as provided in subsection (b) of this section, a petition filed under section 301, 302, or 303 of this title, ... operates as a stay, applicable to all entities, of (1) the commencement or continuation, including the issuance or employment of process, of a judicial, administrative, or other action or proceeding against the debtor that was or could have been commenced before the commencement of the case under this title, or to recover a claim against the debtor that arose before the commencement of the case under this title; (2) the enforcement, against the debtor or against property of the estate, of a judgment obtained before the commencement of the case under this title; (3) any act to obtain possession of property of the estate or of property from the estate or to exercise control over property of the estate; (4) any act to create, perfect, or enforce any lien against property of the estate; (5) any act to create, perfect, or enforce against property of the debtor any lien to the extent that such lien secures a claim that arose before the commencement of the case under this title; (6) any act to collect, assess, or recover a claim against the debtor that arose before the commencement of the case under this title; (7) the setoff of any debt owing to the debtor that arose before the commencement of the case under this title against any claim against the debtor; and (8) the commencement or continuation of a proceeding before the United States Tax Court concerning a tax liability of a debtor that is a corporation for a taxable period the bankruptcy court may determine or concerning the tax liability of a debtor who is an individual for a taxable period ending before the date of the order for relief under this title.
In English ...
An injunction that automatically stops lawsuits, foreclosures, garnishments, and all collection activity against the debtor the moment a bankruptcy petition is filed.
Tips ...
Once an individual or company files for bankruptcy, the automatic stay provision of the Bankruptcy Code takes effect and requires that all efforts by creditors to collect on pre-petition debt immediately cease, unless authorized by the Court or subject to statutory exception.
If there is any doubt whether the automatic stay
applies, assume that it does unless there is a clear basis to assert otherwise.
Assumption and Rejection Executory Contracts
Page 22
Assumption and Rejection of Contracts
Bankruptcy Code provides debtors with the ability to reject or assume executory contracts and unexpired leases, subject to court approval.
The purpose is to convert burdensome obligations of the debtor into a damages claim in favor of the non-debtor.
However, most damages claims are treated as general unsecured claims.
Page 24
What is an Executory Contract? 11 U.S.C. § 365 provides, subject to court approval and certain limitations, debtors can assume or reject any executory contract or unexpired lease, but the Bankruptcy Code does not define "executory contract” Most courts adopt the “Countryman” definition:
a contract under which the obligation of both the bankrupt and the other party to the contract are so far unperformed that the failure of either to complete performance would constitute a material breach excusing the performance of the other
Countryman, Executory Contracts in Bankruptcy: Part I, 57 Minn. L. R. 439, 460 (1973); see Sharon Steel Corp. v. National Fuel Gas Distrib. Corp., 872 F.2d 36, 39 (3d Cir. 1989)
In English
A contract is “executory” when there are material unperformed obligations on the part of both parties that the failure of either party to perform would constitute a material breach of that contract
What is not an Executory Contract?
Judgments or judicial orders on the merits
Easements and covenants that run with the land are not “executory” because reciprocal duties are not found
See e.g., Glosser v. Maysville Reg’l Water Dist., 174 Fed. Appx. 34, 36 (3d Cir. 2009)
Creditor Classification (Not All Creditors Are Alike)
Page 27
Page 28
Types of Claims Under the Bankruptcy Code
Type of Claim Examples Secured
Mortgages, car loans, liens on property
Unsecured Credit card debt, certain judgments
Priority Certain taxes, child support, alimony
Administrative Debts incurred during administration of bankruptcy case
Claims in context
Proofs of Claim
Page 31
What is a Proof of Claim?
A proof of claim is a written statement, usually filed by a creditor, describing the reason for and amount of the debt allegedly owed by the debtor to the creditor. See 11 U.S.C. §§ 501 and 502 and Fed. R. Bank. Proc. 3001-3003 and 3005-3008
Proof of Claim Form
Proof of Claim Form (continued)
Note - Standard form that is adapted for each case
United States Bankruptcy Court for the District of New Jersey see http://www.njb.uscourts.gov/content/proof-claim
What is a Bar Date?
The deadline to assert a claim against an estate
– Certain bar dates are set by Bankruptcy Rules, see Fed. R. Bankr. P. 3002(c)
– However, a court may also set the deadline to
file proofs of claim, see Fed. R. Bankr. P. 3003(c)(3)
What Information to Include in a Proof of Claim Name of Creditor and account information, if available Type of claim (priority, secured) Contact information Client should sign Consider attaching exhibits to proof of claim that:
– Identify the relationship between the creditor and the debtor – Identify the contract or agreement from which the debt arose – Describe, briefly, the underlying situation (i.e., state court case
description and the date on which judgment was entered) – Expressly reserve the right to amend and supplement the
proof of claim. – Expressly reserve your right to setoff
Key Points About Proofs of Claim
Remember, the more information provided to support your proof of claim, the more information the debtors will have in deciding whether to allow, disallow, or object to your proof of claim.
It is important to review the local rules for the court in which the debtor’s case is pending, the Notice of Bar Date, if applicable, and the definitions attached to Official Form B10 when completing a proof of claim.
Toxic Tort Claimants
Toxic tort claims are subject to the same treatment as all other personal injury and property damage claims. They are general unsecured claims unless the Court determines otherwise.
Many times toxic tort claims are the result of “willful and malicious” conduct by the debtor.
11 U.S.C. § 523(a)(6) provides that a bankruptcy discharge does not discharge a debtor from any debt “for willful and malicious injury by the debtor to another entity [including a person] or to the property of another entity.”
Toxic Tort Claimants continued ...
Such claims must be determined “non-dischargeable”
Toxic tort claimants have 60 days from the date of the petition for relief to seek a determination that their claim is non-dischargeable.
If an adversary complaint is not timely filed and adjudicated in the bankruptcy court, the toxic tort claim will be subject to discharge and will take a pro rata distribution, if any is made, along with all other general unsecured claim holders.
Key Areas of Intersection Between Environmental Law and the Bankruptcy Code
Page 41
CERCLA
Debtor party to a PRP settlement agreement with EPA or state agencies
Debtor party to PRP group conducting investigation or remediation
Debtor sued for contribution
ISRA
Bankruptcy is an ISRA trigger In theory: Debtor is required to conduct an
environmental assessment of industrial properties and remediate any issues
– Transfer of obligations to bonafide purchaser #IRL: bonafide purchaser can be left holding the bag
Putting it all together ...
War Stories 1 and 2 (large chapter 11 cases, many debtors across the United States)
– State enforcement action civil penalties led to Debtors’ decision to file petition
– Debtors closed the facility that was the source of the highest civil penalties
– Considered forming a trust to cover all of the contaminated sites – only works if the Debtors have sufficient funds
Practical Advice – Tips from the Ranks
Page 45
Page 46
Impressions of Title 11 by an Environmental Lawyer • Discovery will look different.
– It can be informal or formal. – Timeframes for production will vary – Depositions will likely be scheduled fast
• Substantive Experts – pull them in early – Asset valuation – Industry-specific guidance
• How do we get paid? – If your fees are being paid by an estate, be aware of
rules and processes for submitting fee applications
Tips • What is your client’s end game?
– What does the debtor need/want? – Sometimes it is cheaper to get out and be done.
• Preserve your claims. – Be aware of any bar-dates the court may set for filing
a proof of claim, including rejection damages claims.
Tips • Monitor Docket and Dates.
– A strict timeline exists in which a debtor must reject, assume or assign an unexpired lease.
– Be aware of timeline differences based on the property involved.
– Watch for sale motions, disclosure statement hearings, confirmation hearings, plan voting deadlines, deadlines to object to cure amounts.
– Bankruptcy moves FAST!
• Consult an expert. – If in doubt, contact an experienced bankruptcy
attorney to determine what rights you have and whether or not these rights are worth pursuing.
Questions?
Page 49
www.lowenstein.com New York Palo Alto Roseland Washington, D.C. 1251 Avenue of the Americas 390 Lytton Avenue 65 Livingston Avenue 2200 Pennsylvania Avenue, NW New York, NY 10020 Palo Alto, CA 94301 Roseland, NJ 07068 Washington, DC 20037 212 262 6700 650 433 5800 973 597 2500 202 753 3800
2014 Lowenstein Sandler LLP
Thank you for attending ...
The webinar has ended.
The program handbook, relevant CLE forms and additional materials for this program can be accessed at:
http://tcms.njsba.com/personifyebusiness/njicle/WebinarInformation.aspx
Please hang up your telephone now.
New Jersey Debt Lawyer: Attorney Karina Lucid - Karina Lucid Attorney Bio
http://www.karinalucidlaw.com/karina-lucid-attorney-bio/[1/25/2016 4:13:31 PM]
H O M E A B O U T K A R I N A L U C I D A T T O R N E Y B I O M E D I A T I O N C O L L A B O R A T I V E L A W
C O R P O R A T E B A N K R U P T C Y P E R S O N A L B A N K R U P T C Y L E G A L B L O G I N F O R M A C I O N E N E S P A N O L
Contact InformationKarina Pia Lucid, Esq.
3640 Valley Road, Suite 2A
PO Box 230
Liberty Corner, NewJersey 07938-0230
Tel: (908) 350-7505
Fax: (908) 350-4505
click on the hyperlink below for
easy emails!
Lawyer Karina Lucid | Top
Attorney Bankruptcy
Directions
Office
Downloads
Consultation Agreemenrt
Practice:
Karina Lucid is a Bankruptcy Attorney, Professional Mediator, and Bankruptcy Consultant in
Collaborative Law cases. Ms. Lucid’s bankruptcy practice focuses on individual and corporate chapter
7 cases, individual and small, or closely-held, corporate chapter 11 cases, and chapter 13 bankruptcy
cases. Karina Lucid also has extensive experience with out-of-court work-outs, as well as secured
and unsecured creditor representations.
Bar Admissions:
Karina Lucid has been an attorney licensed to practice in the state and federal courts of New Jersey
since 2002. Ms. Lucid has also been licensed to practice in the District of Columbia since 2005.
Experience:
Karina Lucid has hands-on experience and expertise as a bankruptcy litigator. Prior to opening her
own law firm, Karina Lucid held positions in some of New Jersey’s most prestigious law firms,
Lowenstein Sandler P.C., and Norris McLaughlin and Marcus, P.A, where she was a member of the
firms’ Bankruptcy and Litigation teams and focused her practice on large corporate Bankruptcy and
Creditors' Rights cases, as well as representing individuals in both consumer and corporate
bankruptcy cases.
As a bankruptcy litigator Ms. Lucid assisted her client’s in large and small cases and used her
negotiation skills to resolve disputes related to financial, legal and other business matters, including,
among many other things, asset distribution, contract interpretation and enforcement, shareholder
actions, fraudulent transfers, in an efficient and cost effective manner whenever possible.
Since opening her own practice, in April 2011, Ms. Lucid has successfully mediated employment,
contract and landlord/tenant disputes. Ms. Lucid has recently been appointed to the Roster of
Professional Mediators for the Superior Court of New Jersey, Special Civil Part. Ms. Lucid also serves
as a volunteer mediator for the Superior Court of New Jersey, Small Claims Division, in Middlesex,
Somerset, Hunterdon and Warren Counties.
Ms. Lucid is proud to be an active member of both the New Jersey Bankruptcy Inn of Court and the
New Jersey Collaborative Law Group.
From 1987 through 1999, Ms. Lucid owned and operated Fancy Flowers by Karina, Inc., a retail floral
business in Englishtown, New Jersey. Ms. Lucid also served on Englishtown’s Planning and Zoning
Board, as well as the town’s Beautification Committee and the Englishtown Businessmen’s
New Jersey Debt Lawyer: Attorney Karina Lucid - Karina Lucid Attorney Bio
http://www.karinalucidlaw.com/karina-lucid-attorney-bio/[1/25/2016 4:13:31 PM]
Copyright © 2011, KARINA PIA LUCID ESQ.,LLC. All rights reserved. Nothing contained on this website constitutes legal advice, and the use of this website
does not create an attorney client relationship. To obtain legal advice, please contact our office and schedule an in person consultation as each individual's
circumstances vary and MUST be taken into consideration.
Association.
From 2002-2004, Karina Lucid served as a judicial law clerk to the Honorable Barbara Byrd Wecker
of the New Jersey Superior Court, Appellate Division, as well as to the Honorable Rosemary
Gambardella, United States Bankruptcy Court, District of New Jersey.
During 2008, Ms. Lucid served as an Adjunct Professor of Appellate Advocacy at Seton Hall University
School of Law.
Education:
Ms. Lucid received her certification as a professional mediator from the New Jersey Association of
Professional Mediators after completing an intensive 28 hour in-class training which included practical
exercises and role-plays, in addition to various study materials, covering the theory, processes,
stages, styles, techniques, and ethical requirements governing mediation.
Ms. Lucid received her law degree from Seton Hall University School of Law in Newark, New Jersey in
2002. Ms. Lucid graduated in the top 20% of her law school class and received honors for her
outstanding contributions to the Appellate Advocacy and Moot Court programs.
Ms. Lucid received her Bachelor of Arts magna cum laude, from Georgian Court University in 1996.
Ms. Lucid was on Georgian Court’s Dean’s Scholars list in 1993, 1994, 1995 and 1996. Ms. Lucid was
also the recipient of the prestigious First Award in her graduating class of English majors at Georgian
Court.
Cassandra M. Porter | Our Professionals | Lowenstein Sandler LLP
https://www.lowenstein.com/cporter/[1/25/2016 4:17:50 PM]
PDF VCARD Cassandra M. PorterCounsel
New Jersey T 646.414.6876 | F 973.597.6313 [email protected]
Cassandra is Counsel to Lowenstein Sandler’s Bankruptcy, Financial Reorganization & Creditors’ Rights Departmentand the Privacy Group. Cassandra’s practice focuses primarily on restructuring and debtor-creditor law issues andrelated litigation. She also assists corporations and not for profits navigate state and federal regulations concerning thetreatment of personal health information and personally identifiable information.
Prior to joining Lowenstein Sandler, Cassandra was law clerk to the Honorable Cecelia G. Morris of the United StatesBankruptcy Court of the Southern District of New York. She was also the Assistant Managing Attorney at Kaye ScholerLLP, where her practice focused exclusively on federal and state civil litigation matters.
Cassandra received a law degree from Brooklyn Law School and was a member of the National Moot Court HonorSociety. Cassandra also earned a Masters of Information Science from Pratt Institute and a Bachelors, cum laude, fromHunter College. Cassandra is admitted to practice in both New York and New Jersey state courts and before the UnitedStates District Courts of New Jersey, Southern District of New York, Eastern District of New York and Northern District ofNew York.
Cassandra is the Secretary and member of the Board of Directors of The Financial Clinic, a nationally recognizednonprofit dedicated to helping the working poor achieve financial security. Cassandra is co-chair of the annual event,“What It Is (Really) Like to Practice Law As A Woman” co-sponsored by the New York Women’s Bar Association and theAssociation of the Bar for the City of New York.
OTHER DISTINCTIONS
New Jersey Law Journal (2013) – Named a "New Leader of the Bar"
Super Lawyers (2013–2015) – Recognized as a "Rising Star"
New York State Bar Association (2014) – Named a “Empire State Counsel Honoree”
PUBLICATIONS
Will 3rd Circ. Be Next To Ban ‘Equitable Mootness’? Law360, August 3, 2015Bruce Buechler, Cassandra Porter
Creditors of GT Advanced Technologies Inc. Take Note - Your Deadline to File a Proof of Claim is Approaching Bankruptcy, Financial Reorganization & Creditors' Rights Client Alert, November 11, 2014S. Jason Teele, Cassandra Porter
Successor Liability in § 363 Sales Labor and Employment, American Bankruptcy Institute Committee Newsletter, August 2014Sharon Levine, Cassandra Porter
View More...
PRESS MENTIONS
Cassandra M. Porter is quoted in Law360 regarding the Chapter 11 bankruptcy proceedings of Taylor-WhartonInternational. Porter is a member of the legal team representing the Official Committee of Unsecured Creditors of thespecialty tank manufacturer. , Law360 , January 12, 2016
In The Deal Pipeline, Sharon L. Levine, S. Jason Teele and Cassandra Porter are highlighted for representing theofficial committee of unsecured creditors in the Ormet Corp. bankruptcy. , The Deal Pipeline , June 7, 2013
In The Deal Pipeline, Sharon L. Levine, S. Jason Teele and Cassandra Porter are highlighted for representing the
RELATED AREAS
Bankruptcy, FinancialReorganization & Creditors’ RightsPrivacy and Information Security
EDUCATION
Seton Hall University School of Law (2015 ) , Graduate Certificate inPharmaceutical & Medical DeviceLaw & Compliance (emphasis onPrivacy Issues and Cybersecurity)
Brooklyn Law School ( J.D. , 2004 )
Pratt Institute ( M.I.L.S. , 1999 )
Hunter College ( B.A. , 1996 ) ,Political Science, cum laude
BAR ADMISSIONS
New York
New Jersey
COURT ADMISSIONS
2005 , U.S. District Court, District ofNew Jersey
2005 , U.S. District Court, EasternDistrict of New York
2005 , U.S. District Court, NorthernDistrict of New York
2005 , U.S. District Court, SouthernDistrict of New York
AFFILIATIONS
Member, Lawyers Advisory Committee,Bankruptcy Court of the District of NewJersey, 2015
Member, International Association ofPrivacy Professionals, 2014-Present
Member, New York Women's BarAssociation; Member of Board ofDirectors, 2005-2011
Member, American Bankruptcy Institute
Member, New York Chapter, NationalAssociation of Women BusinessOwners, 2009-2012
Cassandra M. Porter | Our Professionals | Lowenstein Sandler LLP
https://www.lowenstein.com/cporter/[1/25/2016 4:17:50 PM]
official committee of unsecured creditors in the Chapter 11 case of Global Aviation Holdings. Inc. The companyemerged from bankruptcy after securing a $35 million exit loan. , The Deal Pipeline , February 14, 2013
View More...
EVENTS
January 28, 2016
New Jersey Institute for Continuing Legal Education
Nikki Adame Winningham | Our Professionals | Lowenstein Sandler LLP
https://www.lowenstein.com/nadame/[1/25/2016 4:20:10 PM]
PDF VCARDNikki Adame WinninghamAssociate
New Jersey T 973.597.2534 | F 973.597.2535 [email protected]
Nikki Adame Winningham is an associate in Lowenstein Sandler’s Litigation Department and a member of theEnvironmental Law and Litigation Practice Group. She has a broad range of experience involving environmentallitigation, regulatory compliance, and transactional support related to air, water, waste, and site remediation issues.Following graduation from law school, Nikki practiced in Texas, focusing on environmental permitting and enforcementmatters, administrative litigation, and appeals.
Nikki's clients are diverse and include global corporations, private real estate entities, and family-owned businesses. Sheadvises clients on environmental issues arising from corporate and real estate transactions as well as federal and stateregulatory issues applicable to operating businesses, including appropriate handling of asbestos, PCBs, and otherhazardous substances.
Nikki’s undergraduate and graduate-level training as an environmental engineer allows her to understand the technical –as well as regulatory – requirements of environmental compliance; her prior experiences working for state and federalenvironmental regulatory agencies help her communicate effectively with regulators. Her interest in environmental lawdates back to high school, when the concept was introduced to her as the sophomore-year debate topic!
REPRESENTATIVE ENGAGEMENTS
Regulatory and Transactional
Counsels clients regarding various environmental issues including precious metals reclamation under RCRA, properhandling of asbestos and PCBs under TSCA, and site remediation issues under state administrative and technicalrequirements.
Advises national and global corporations remediating contaminated sites under CERCLA or NJ ISRA, includingdrafting and negotiating site access agreements and institutional controls and coordinating with the LSRP.
Counsels clients regarding sustainability disclosures (e.g., conflict minerals) in SEC filings.
Represents national corporations in CERCLA Superfund administrative proceedings involving multiple partiesalleged to have contaminated large river systems. These matters also involve natural resource damages.
Represents a private real estate entity on environmental due diligence issues relating to the acquisition andoperation of a large portfolio of residential leases from governmental authorities throughout the United States,including drafting environmental provisions related to liability for state and federal environmental, endangeredspecies, and historic preservation obligations.
Environmental Litigation
Represents industrial clients in class action toxic tort suits alleging property damage and injury from groundwaterplumes and vapor intrusion in state and federal courts.
Represents a private real estate entity sued under CERCLA and the NJ Spill Act. Persuaded the court to dismissthe CERCLA cost recovery and contribution claims on the briefs.
PUBLICATIONS
Conflict Minerals Rule Disclosures Update: D.C. Circuit Maintains Status Quo Corporate Finance & Securities Client Alert, September 21, 2015Richard Ricci, Laura Kuntz, Nikki Adame Winningham, Kate Basmagian
RELATED AREAS
Environmental Law & LitigationLitigationReal Estate
EDUCATION
Tulane University Law School ( J.D. ,2004 ) , cum laude
Cornell University ( M.E. , 2000 )
Cornell University ( B.S. , 1999 )
BAR ADMISSIONS
New York
New Jersey
Texas
Washington
COURT ADMISSIONS
2014 , U.S. District Court, District ofNew Jersey
AFFILIATIONS
New York State Bar Association
Committee on Women in the Law
Nikki Adame Winningham | Our Professionals | Lowenstein Sandler LLP
https://www.lowenstein.com/nadame/[1/25/2016 4:20:10 PM]
Remediation Timeliness Does Not Create Common Law Liability...For Now Environmental Client Alert, August 17, 2015Richard Ricci, Nikki Adame Winningham
Fourth Circuit Addresses CERCLA Arranger Liability Environmental Client Alert, April 16, 2015James Stewart, Nikki Adame Winningham
View More...
EVENTS
January 28, 2016
New Jersey Institute for Continuing Legal Education