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Stephen Stallings participated in an ABA panel discussion on negotiating agreements for witnesses and defendants
Burns White Attorney Stephen Stallings (second from left) participated in a Dec. 8 panel discussion sponsored by the ABA Criminal Justice Section titled: Offers and Proffers: Negotiating Agreements for Cooperating Witnesses and Defendants. Other panelists included (from left) Ken Gormley, Dean and Professor of Law Duquesne University School of Law; Lourdes Sanchez Ridge, Attorney at Thorp Reed & Armstrong, LLP; and Steve Kaufman, Chief, Criminal Division Office of the U.S. Attorney Western District of Pennsylvania. James W. Kraus (furthest to right), Attorney at Pietragallo Gordon Alfano Bosick & Raspanti, LLP, moderated.
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LEGAL UPDATE: U.S. EPA’s first draft report on effects of hydraulic fracturing on drinking water available for public comment
The United States Environmental Protection Agency (“EPA”) just released its first comprehensive draft report examining whether the process of hydraulic fracturing contaminates drinking water supplies. The report, which is now open for a brief period of public comment, will form a key piece of scientific evidence in the debate over natural gas extraction’s impact on water supplies once finalized. Although the science behind the report is complex, and greatly impacted by facts particular to the Pavillion, Wyoming area which has a large volume of gas production wells and certain unique geologic features, the EPA reached several tentative conclusions that will frame the local debate on the environmental impact of hydraulic fracturing for the next several years.
First, the EPA concludes that detection of high concentrations of BTEX components (benzene, toluene, ethylbenzene and xylene), gasoline and diesel range organics, and total purgeable hydrocarbons in ground water samples from shallow monitoring and drinking wells indicate that lecheate from local surface pits used by the gas industry have adversely impacted drinking water supplies. The EPA notes that, at this site, aromatic solvents typically comprised of various BTEX mixtures were used in a breaker as part of the gas production process.
Additionally, the EPA detected elevated levels of potassium, chloride, synthetic organic compounds, and BTEX components in its deep water monitoring wells. With regard to those findings, the EPA noted that hydraulic fracturing fluids typically used at the Pavillion Wyoming site contained 6% potassium chloride, as well as potassium metaborate and potassium hydroxide as a crosslinker and solvent.
Finally, the EPA concluded that dissolved methane levels in domestic water wells generally increased in those wells in direct proportion to their proximity to production wells. One methane blowout actually occurred during a recent well installation. Based on these collective findings, the EPA ultimately concluded that “… the data indicates likely impact to ground water that can be explained by hydraulic fracturing.”
The attorneys at Burns White who focus their practices on the oil and gas industry, environmental matters, and toxic exposure defense understand that this EPA draft report will immediately impact the Pennsylvania gas industry – from the development of local ordinances to the recently delayed vote on the contentious new Article 7 of the Delaware River Basin Commission’s Water Quality Regulations. It will also be immediately cited by Plaintiffs’ counsel in water well contamination lawsuits. With an interdisciplinary approach to staffing matters using lawyers with both technical backgrounds and sophisticated, yet practical problem solving skills, Burns White welcomes an opportunity to assist in preparing comments for submission to the EPA, or to speak with you more generally about these issues.
T.H. Lyda, Chad Wissinger, Jeff Roberts and Stephie-Anna Ramaley co-authored this summary, and can be reached at (412) 995-3000. Mr. Lyda, a member of the firm’s Executive Committee, focuses his practice on defending toxic tort exposure cases. Mr. Wissinger chairs the firm’s Environmental Practice Group, and has a background in environmental studies and geology. Mr. Roberts chairs the firm’s Oil and Gas Group, and has worked for years drafting leases and resolving real estate matters associated with the acquisition and sale of oil and gas rights. Ms. Ramaley is a senior associate in the Environmental Practice Group, and has an undergraduate degree in chemistry and a master’s degree in forensics.
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Burns White Members T.H. Lyda and Chad Wissinger participated in a NACD webinar on EPA inspections
On Dec. 13, 2011, Members T.H. Lyda and Chad Wissinger led a webinar on how to survive a Department of Environmental Protection/U.S. Environmental Protection Agency inspection and notice of violation for members of the National Association of Chemical Distributors (NACD).
To watch the recording, visit https://burnswhite.com/videos/20111213_Inspector.wmv.
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Allegheny County Bar Association Lawyers Journal spotlights firm’s diversity initiative
The Dec. 2 issue of the Allegheny County Bar Association Lawyers Journal features an article with Member Ira Podheiser discussing the firm’s diversity initiative.
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Burns White promotes six attorneys to member status
PITTSBURGH, November 21, 2011 — Burns White LLC announced the promotion of six attorneys to member status today: Benjamin Basista, Theresa Cignetti and Lyle Washowich of the Pittsburgh office, Maria Granaudo Gesty of the Wilmington, Del. office, and Valerie Lieberman and John Skrocki of the Philadelphia office.
Mr. Basista’s area of focus is in addressing Medicare compliance issues in workers’ compensation, general liability and Federal Employer Liability Act claims. Well versed in Medicare Secondary Payer Statute compliance, Mr. Basista is retained as National Medicare Counsel and Advisory Medicare Counsel by numerous insurance carriers, third party administrators and self-insured entities.
Since 2004 Ms. Cignetti has specialized in workers’ compensation issues and litigation, representing both self-insured companies and insurance carriers before workers’ compensation judges, as well as the Workers’ Compensation Appeal Board. In addition to litigation-related matters, she advises employers on a wide variety of risk management issues related to workers’ compensation, as well as Medicare compliance.
Serving the Wilmington and Philadelphia offices of Burns White, Ms. Granaudo Gesty focuses her practice in nursing home, assisted living and medical malpractice defense matters, identifying potential liabilities associated with medical record documentation and ways to improve the standard of care.
Ms. Lieberman, a manager of the firm’s Workers’ Compensation team in the Philadelphia and Cherry Hill, N.J. offices, has been practicing in this area of the law for more than 17 years, representing insurance companies, as well as self-insured and uninsured employers from a variety of industries. An active member of the Philadelphia Bar Association, she held the position of Defense Chair of the Workers’ Compensation Section in 2006.
With an interest in long-term care, Mr. Skrocki specializes in insurance defense, including nursing home, medical malpractice, premises liability and general liability, with extensive jury trial experience in medical professional liability cases.
As Co-Chair of the Banking and Financial Services Litigation Practice Group, Mr. Washowich represents a diverse clientele from the financial services, business and manufacturing sectors, handling civil, commercial and complex litigation matters.
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Burns White garners seven first-tier rankings in the U.S. News Best Law Firms Survey
PITTSBURGH, November 16, 2011 — Burns White LLC earned a national first-tier ranking in railroad law for the second year running and six metropolitan first-tier rankings in healthcare law, medical malpractice defense, personal injury litigation defense and railroad law in the 2011-2012 U.S. News Best Lawyers® “Best Law Firms” survey.
Rankings are based on a rigorous evaluation process that includes the collection of client and lawyer evaluations and peer review from leading attorneys in their fields nationwide. Those surveyed provided feedback on the individual practice group’s expertise, responsiveness, understanding of business needs, cost-effectiveness, civility, integrity and likelihood of referral.
“At Burns White, we strive to excel in representing our clients and our firm in the communities where we practice,” said Dave White, a founding member of Burns White. “It’s exceptionally gratifying to hear from them, as well as our colleagues, that we are successful in these efforts.”
Conducted by U.S. News & World Report and Best Lawyers for the second consecutive year, the “Best Law Firms” report includes rankings in 75 national practice areas and in as many as 119 practice areas throughout 177 metropolitan locations or states. A complete listing of rankings is available online: http://bestlawfirms.usnews.com/.
For more information on Burns White and its 17 practice areas, including Banking and Financial Services Litigation, Business Practices, Healthcare and Long-Term Care, Medicare Compliance, Transportation, Litigation and White Collar and Government Enforcement, visit the firm’s website at www.burnswhite.com.
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Burns White hires four new associates to firm
PITTSBURGH, November 9, 2011 — Burns White LLC recently added four new associates to the firm’s Pittsburgh location: Katlin L. Connelly of Monroeville, Laura E. Pontzer of Squirrel Hill, Nicholas D. Varischetti of Brockway, Pa. and Katherine M. Wrenshall of Ingomar, Pa.
Ms. Connelly focuses her practice in the areas of healthcare and long-term care, litigation and products liability. A 2011 cum laude graduate of Duquesne School of Law, she served as the Executive Editor of the Duquesne Law Review, Volume 49 and was the recipient of university’s 2011 John J. Sciullo Peer Excellency Award for her outstanding contributions to the school.
Ms. Pontzer works in the firm’s White Collar and Government Enforcement Group. Prior to joining Burns White full time as an attorney, she worked as a law clerk at the firm. Ms. Pontzer graduated cum laude from the University of Pittsburgh School of Law in 2011, where she was Senior Articles Editor of the Pittsburgh Journal of Environment and Public Health Law.
A 2011 graduate of the University of Pittsburgh School of Law, Mr. Varischetti’s area of concentration is construction law and business law. In addition to his work at the firm, he serves as a partner of Varischetti Holdings, LP, a family-owned and operated conglomerate, a member of Varischetti Sports, LLC which owns a minority interest in the Pittsburgh Steelers, and a shareholder and director of Guardian Elder Care Holdings, Inc., a healthcare provider.
Ms. Wrenshall practices in the Litigation Group. Prior to joining the firm as an attorney, she worked as a law clerk at Burns White, as well as at the Allegheny County District Attorney’s Office and the office of the United States District Attorney for the Western District of Pennsylvania. She graduated from the University of Pittsburgh School of Law in 2011, serving as the associate editor of the Pittsburgh Tax Journal and earning a Dean Scholarship Award for academic merit.
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Congratulations to Jack Bowman Winner of the WVU Alumni Association’s 2011 Outstanding Alumnus
September 28, 2011 – Jack Bowman, Special Ethics Counsel of Burns White, was awarded the WVU Alumni Association’s 2011 Outstanding Alumnus Award. He was honored at the WVU Homecoming Parade on September 30th.
Please click here to read the article.
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ATTORNEY BLOG: Consumer financial protection bureau: Essential nuts and bolts for the residential mortgage markets
By: Lyle D. Washowich, Esq.
While the history of its origin has been well-documented, the Consumer Financial Protection Bureau (“CFPB”) is finally here. Approximately sixty (60) days into its existence, the residential mortgage markets are now — more than ever — anxious to learn how the CFPB will affect them.
Moving down the road toward that understanding, the CFPB’s Assistant Director for Mortgage Markets, Patricia A. McCoy, spoke this week in Washington, D.C. at the Mortgage Bankers Association Regulatory Compliance Conference. Candid and sincere in her remarks, Ms. McCoy made clear that we can debate what caused the mortgage upheaval “until the cows come home.” However, regardless of the cause, the CFPB wants to be forward thinking by implementing a system to avoid such upheaval in the future.
To achieve this, most generally, Ms. McCoy explained that the residential mortgage markets through the CFPB will be handled with three broad principles in mind: (1) research; (2) products/markets; and (3) regulation. Specifically, with regard to the rules of the residential mortgage road, Ms. McCoy stated that the CFPB has envisioned (and is working to further) five major elements: (a) transparency; (b) management of default risk; (c) “saleability”; (d) access to credit; and (e) flexibility.
In contrast to recent practices, the CFPB seeks transparency so that consumers can get complete information and better understand the risks they may incur through their mortgage terms. In kind, the CFPB would like the industry to better grasp its default risk – to mange that risk responsibly and with a sense of realistic expectations. Moreover, to enable capital to be available for these loans, it is critical that lenders have an ability to sell loans on the secondary market. Indeed, the CFPB would like to encourage a system whereby suppliers of capital can accurately rate their investments. Further, without access to credit, these markets cannot function. And, to effectuate that credit availability, the industry must be allowed a certain degree of flexibility in determining when, how and why to make certain residential loans.
Inevitably, as was pointed out, inherent conflicts will undoubtedly arise among these elements. For example, determining access to credit will almost surely contradict certain features of management of default risk, particularly the ability of a borrower to repay a loan. Nevertheless, in the face of these conflicts, the CFPB seeks to balance these elements to encourage a vibrant and fair mortgage market.
Of more general interest, the CFPB is on track to have 1,000 employees by the end of 2011. In addition, the CFPB invites the industry, consumers, or any member of the general public to comment on all proposed mortgage disclosures at www.consumerfinance.gov. Also, information may be received from the CFPB by writing to consumerfinance.gov.
If you have a question for Lyle please email him at ldwashowich@burnswhite.com.