Ongoing Matters

CERCLA Natural Resource Damages Action: Mercury - United States v. Santa Clara County, et al. January 1992, Ongoing

Representation of the Santa Clara Valley Water District in a CERCLA Natural Resource Damages action concerning mercury contamination in the Guadalupe River Watershed and South San Francisco Bay. Through extensive engagement with the Trustee Agencies (led by the U.S. Fish & Wildlife Service) we were able to avoid litigation entirely by participating in a collaborative damages assessment and settlement process, resulting in minimal damage assessment costs and expeditious resolution of Trustees' claims through a negotiated agreement allowing our client and other PRPs to implement local restoration and enhancement projects in lieu of paying either compensatory damages or federal or state oversight costs or legal fees.

2003

Wells Fargo Foothill Inc. December 2003

Conducted due diligence on behalf of Wells Fargo Foothill, Inc. into Safety-Kleen's potential liabilities for cleanup costs (both at facilities owned, operated or leased by Safety-Kleen and at third-party Superfund sites), environmental compliance issues, and pending environmental litigation.

Marble Mountain Partners, LLC - Marine Corps Air Station Tustin September 2003

We have represented Marble Mountain Partners, LLC in connection with the initial successful internet bid conveyances from the United States Navy and General Services Administration, including negotiations related to the Leases in Furtherance of Conveyance (LIFOC), quitclaim deeds, and environmental remediation issues related to the redevelopment of the former Marine Corps Air Station in Tustin.

City and County of San Francisco - San Francisco International Airport July 2003

Advised the City and County of San Francisco in the environmental review and permitting of a major proposed runway reconfiguration project. In connection with this project, we advised the City and County of San Francisco regarding air and water quality environmental review and permitting issues, and wetlands and endangered species issues.

Fujitsu Limited July 2003

Representation of Fujitsu in the restructuring and expansion of its flash memory joint venture with Advanced Micro Devices, Inc. (AMD), resulting in the creation of a fully integrated stand-alone flash company with 7000 employees and annual sales on formation of $3 billion. Conducted environmental due diligence and drafted environmental remediation agreement, including indemnity provisions and cleanup covenants, to allocate environmental responsibilities, including responsibilities related to historic environmental contamination and Superfund site liabilities.

Hitachi Ltd. January 2003

Representation of Hitachi, Ltd. in its $2 billion acquisition of IBM's hard disk drive ("HDD") business. IBM's HDD business includes more than 17,000 people, with manufacturing, research & development, and distribution facilities in over two dozen countries around the world. Hitachi is purchasing the business over three years, with the final closing in December, 2005.

2001

Hitachi Ltd. August 2001

Representation of Hitachi in the acquisition of IBM's hard disk drive division, which included manufacturing facilities in the United States and a number of Asian countries. Conducted environmental due diligence and drafted indemnities to allocate environmental responsibilities, including responsibilities related to substantial historic contamination at several facilities.

CERCLA Allocation Trial - Waste Management of Alameda County v. East Bay Regional Park District March 2001

Successful defense of East Bay Regional Park District in a CERCLA lawsuit initiated by Waste Management over a former landfill. After a trial, the court assigned Waste Management a 95% share of future response costs and awarded our client reimbursement of 95% of its past response costs. 135 F. Supp. 2d 1071 (N.D. Cal. March, 2001).