1. business and industrial
2. construction

Exhibit 7
real challenges. real answers.
Polsinelli Response to Broward
County Advocacy Services
Questionnaire
Presented to:
C. Marti Cassini
Legislative Counsel
Broward County, FL
Presented by:
Tracy Hammond
202.626.8322
[email protected]
SM
Table of Contents
1
Cover Letter
2
Polsinelli Response
Appendix A
Appendix B
1
Cover Letter
1401 Eye Street NW, Suite 800, Washington, DC, 20005

202.783.3300
February 25, 2015
C. Marty Cassini
Legislative Counsel
Office of Intergovernmental Affairs and Professional Standards
954-357-7575
[email protected]
Re:
Tracy Hammond
(202) 626-8322
(202) 478-0797 Direct Fax
[email protected]
Response to Broward County General Interest Questionnaire – U.S.
Army Corps of Engineers Advocacy Services
Dear Mr. Cassini,
On behalf of Polsinelli PC (“Polsinelli”), I am pleased to submit this proposal to provide
advocacy services to Broward County (“the County”). Polsinelli’s strengths, experience, and
expertise will provide the County with “best in class” representation for the entire scope of
services set forth in the questionnaire. Here are a few highlights from the attached response that
you might helpful:

The team will consist of national bipartisan professionals including three former
members of Congress, a Presidentially-appointed Chief Counsel of the Federal
Highway Administration, and national Chairs of leading firm practices.

Polsinelli has advocacy, government contracts, and environmental experience
regarding port dredging, beach nourishment and Army Corps of Engineers project
management.

Polsinelli is an AmLaw 100 firm with tremendous growth but we continue to
manifest an entrepreneurial spirit with our approach to solving client’s problems
with innovative solutions.
We appreciate the County’s consideration of our proposal. Please do not hesitate to
contact me with any questions regarding our response or any Polsinelli capabilities.
Sincerely,
Tracy Hammond
Senior Policy Advisor
polsinelli.com
Atlanta Chicago Dallas Denver Kansas City Los Angeles New York
Polsinelli PC, Polsinelli LLP in California
Page 1
Phoenix San Francisco St. Louis Washington, DC Wilmington
2
Polsinelli Response
Polsinelli Response to Broward County, FL Questionnaire
1. Give an overview of the firm, list the names, titles, and describe the experience,
qualifications and other vital information of all key personnel that will be
assigned to work on Broward County matters. If the firm intends to use any
subcontractors to perform services identified in Attachment A, then identify the
firm that will be providing services and describe in detail its lobbying
experience, qualifications and its specific engagement role in this contract.
Your answer should include an outline of each key person’s area of lobbying
responsibility, including any relevant lobbying experience on legislative or
executive branch issues or projects performed for Broward County or other
similar urban local governments. (Refer to Attachments A and B in considering
your response).
Answer:
Overview
Polsinelli is a premier, bipartisan, national law firm, founded in 1972. With a presence
spanning from Los Angeles to New York, employing more than 740 experienced
attorneys and professionals in a wide variety of practice area in 19 offices, our firm is
the fastest growing U.S. law firm for the past six years as ranked by The American
Lawyer.
Our Public Policy practice, located in Washington, D.C., currently represents over 170
clients. We are known for our strong relationships with policymakers at all levels of
government. Our group is bipartisan and bicameral, enabling our clients to achieve
their policy goals regardless of the volatility of the political environment. When you
engage us on your behalf, we bring years of policy experience combined with a
successful record of meeting tough challenges at the local, state and federal levels.
Our federal principals provide comprehensive personalized services to each client, and
our team includes three former Members of Congress, chiefs of staff, senior legislative
aides and counsels, House and Senate Committee staff, and executive branch
officials. They communicate with each client directly and are involved in high-level
strategy and day-to-day tactics.
The Government Contracts practice successfully helps clients navigate through the
complex legal issues involved in government contracting. As veterans in counseling
and litigating issues arising out of the procurement processes of federal, state, and
local government agencies, our attorneys are focused on providing clients with
straightforward legal and practical advice unique to the client’s industry focus. The
group also handled various non-dredging matters involving the U.S. Army Corps of
Engineers (USACE).
Polsinelli’s Environmental and Natural Resources practice provides representation and
a wealth of experience in all areas of environmental, transactional, regulatory, and
energy and natural resources law. Our team, uniquely comprised of attorneys and
policy advisors with impressive backgrounds in the public, private and legislative
sectors, has strong relationships with local, state and federal lawmakers and
regulators. Our experience, both administrative and judicial, spans from individual to
Page 3
real challenges. real answers.
Polsinelli Response to Broward County, FL Questionnaire
multi-plaintiff, singular to multi-jurisdictional, civil to criminal, and local to federal. Our
national presence and broad range of experience gives us the breadth and depth
necessary to serve our clients anywhere on any of the aforementioned matters, and
enables us to update our clients on policy and regulatory matters providing them an
opportunity to intercede appropriately and in a timely manner.
Your Polsinelli team possesses a comprehensive portfolio of substantive and federal
procedural know-how, a vast network of federal contacts, environmental, legal and
other policy expertise, as well as familiarity with Broward County, the region and state.
Specific areas of expertise and experience include all matters of interest to entities like
the County, such as:







Transportation Infrastructure including Port Dredging
Public Safety/Emergency Management/Disaster Recovery
Budget and Appropriations
Community Development
Environmental Remediation including Reclamation Issues
Energy and Environmental Policy
US Army Corps Project Management
Polsinelli Team
The County will have a bipartisan team of at least 11 professionals including the three
former members of Congress, a Presidentially-appointed Chief Counsel to the Federal
Highway Administration, the Chair of the Government Contracts practice, and the Vice
Chair of the Environmental practice. The representation will be led by Tracy Hammond
who will serve as the County’s point of contact and the day-to-day project manager. All
other team members listed below will assist the County in various capacities including:

Ensuring that USACE fulfills its responsibilities and duties in a reasonable
timeline acceptable to the County;

Managing communications and building/strengthening relationships with the
local and national USACE and DOD personnel;

Offering guidance regarding environmental permitting due diligence and
contract analysis; and

Providing strategic advice on federal and local advocacy.
Tracy Hammond, Senior Policy Advisor (Washington, D.C.) - Tracy Hammond
brings a strong and varied experience in marketing, politics, and advocacy to his
clients. As a member of the firm’s National Public Policy practice, he assists clients
interested in shaping energy and environmental legislation and regulation. He advises
clients with strategic planning and tactical implementation through advocacy with
fellow industry members, elected officials, and other key decision makers. He also
updates clients on current and potential public policy impacts of federal legislation and
regulatory actions and helps guide interaction with policymakers to take advantage of
opportunities and avoid potential threats.
Page 4
real challenges. real answers.
Polsinelli Response to Broward County, FL Questionnaire
Working for several large shipping customers, Tracy helped secure millions of dollars
in USACE project spending to dredge key waterways in several parts of the country.
This multi-step process included authorizing projects through congressional Water
Resources Development Acts (WRDAs) and working with Congress, the White
House’s Office of Management & Budget (OMB) and the USACE headquarters to
highlight the critical nature of specific projects to boost funding through the USACE's
Operations & Maintenance budget. Of particular note, he helped secure the largest
single year appropriations funding level for dredging the Calcasieu Harbor and Ship
Channel in Cameron Parish, Louisiana.
Tracy has worked extensively for a number of clients on environmental and climate
change policy, air and water quality matters, and disaster mitigation and resiliency
issues. Specifically, he has represented clients before the U.S. Environmental
Protection Agency (EPA) regarding groundwater monitoring and funding for
wastewater and municipal water projects. Tracy has also worked for multiple sectors to
address air quality issues before state and federal agencies; as well as the U.S.
Congress. He helped secure language on behalf of his clients in the 2005 and 2007
comprehensive energy bills. Finally, he has worked with clients to develop policies to
increase resiliency in our nation’s infrastructure; as well as “Build Back Better” after
disasters have occurred.
Alan D. Wheat, Senior Policy Advisor (Washington, D.C.) - With 18 years of
experience as an elected official, and chair of Polsinelli’s Public Policy practice, the
Honorable Alan Wheat remains a highly regarded figure in Washington among his
peers and former colleagues, many of whom now occupy Washington’s most senior
leadership positions both on Capitol Hill and within the Administration. Recognized in
Congress for his extraordinary skill in building coalitions, Congressman Wheat
continues to garner support for important client concerns and initiatives in his role as
Chairman for Polsinelli’s Public Policy practice.
Kenny Hulshof, Senior Policy Advisor (Washington, D.C.) - Kenny Hulshof is a
former congressman from Missouri. As vice chair of the firm’s Public Policy practice,
he currently advocates on behalf of regional and national clients on matters related to
healthcare, transportation, energy, and appropriations. Prior to joining Polsinelli,
Congressman Hulshof served with distinction in the U.S. House of Representatives for
12 years (1997-2009) and was a member of the powerful Ways and Means Committee
for his entire Congressional tenure. Additionally, he was a member of the Health and
Trade Subcommittee and Budget Committee.
Martin Frost, Senior Partner (Washington, D.C.) - In his 26 years as a member of
Congress, Martin Frost served for eight years as a member of the House Democratic
Leadership, spending four years as Chair of the Democratic Congressional Campaign
Committee, and four years as Chair of the House Democratic Caucus. As a result, he
knows personally virtually every member of the current Democratic Leadership and
most of the ranking Democrats on key House Committees. Additionally, nearly half of
the current members of the U.S. Senate, both Democrats and Republicans, served
with Congressman Frost in the House. Congressman Frost’s greatest strengths lie in
helping devise and execute strategy for dealing with complex legislative issues.
Page 5
real challenges. real answers.
Polsinelli Response to Broward County, FL Questionnaire
Marcus Lemon, Shareholder (Washington, D.C.) - Drawing on more than 18 years of
public and private sector experience in project finance, his previous role as the
Presidentially-appointed Chief Counsel to the Federal Highway Administration
(FHWA), and as the lead advisor to the FHWA Administrator and Secretary of
Transportation on Public-Private Partnerships (P3s), as practice lead, Marc Lemon
brings powerful and unique insights to clients as he helps counties, cities,
municipalities project developers, operators, and facility owners strategically navigate
social infrastructure, transportation, and telecommunication through matters.
As the Presidentially-appointed Chief Counsel to FHWA, Marc lead a team of 80
attorneys and staff that regularly negotiated permits, regulatory oversight issues,
coordination, and approvals from the USACE for mega-projects of national significance
ranging from $500 million to $3 billion in costs.
Steven J. Weber, Of Counsel (Washington, D.C.) - Steve Weber focuses his practice
on the representation of domestic and international contractors in a wide range of
governmental contract and construction litigation matters. He has represented
domestic and international construction contractors on power projects, high-rise
projects and major infrastructure projects, among others. His experience also includes
representing contractors performing projects domestically and abroad for the United
States government. In particular, Steve have worked on a number of dredging
contracts for contractors working for the USACE. He is currently working on a project
which includes pier construction in the Pacific. Steve has also handled a number of
matters that were not dredging related but involved the USACE offices in New York,
Philadelphia, Jacksonville and Middle East District offices. The non-dredging USACE
projects have involved construction of bases in Iraq and Afghanistan, airports,
runways, barracks, and various other types of construction.
Walter A. Wilson, Senior Partner (Washington, D.C.) - With more than 40 years of
procurement law and litigation experience, Walter Wilson is the Chair of the firm's
Government Contracts practice, and is involved in all phases of government
contracting, representing domestic and international clients in all areas of federal
supply, service and construction contracts. He is experienced with bid protests,
compliance with federal laws and regulations, Defense Contract Audit Agency (DCAA)
and compliance audits, federal supply schedule procurements, contract administration,
change order negotiations, claims and disputes. While his practice emphasizes claims
avoidance strategies and alternative dispute resolution, Walter is experienced in
matters involving complex and lengthy litigation before federal and state courts and
administrative boards. He has successfully tried and/or settled claims and disputes for
many millions of dollars on behalf of his clients.
Further, Walter has represented contractors in marine construction, dredging, beach
nourishment and pier construction projects for USACE, the Naval Facilities
Engineering Command and other federal agencies. His dredging project experience
includes maintenance dredging, new dredging and beach nourishment projects. Walter
also has experience working on USACE projects involving beach reclamation and
environmental contamination.
Page 6
real challenges. real answers.
Polsinelli Response to Broward County, FL Questionnaire
Daniel J. Donohue, Shareholder (Washington, D.C.) - Dan Donohue represents
clients with federal and state government contracts and commercial contracts for
services, supplies and construction and advises on contract compliance issues. He
has represented clients in federal and state courts with litigation of claims and appeals,
arbitration, administrative litigation, commercial litigation and alternative dispute
resolution. His experience includes pre-contract negotiations and disputes, bid
protests, commercial claims and disputes, contract performance disputes, and liens
and payment issues. Specifically, Dan has represented contractors in marine
construction, dredging, beach nourishment and pier construction projects for USACE,
the Naval Facilities Engineering Command and other federal agencies. His dredging
project experience includes maintenance dredging, new dredging and beach
nourishment projects.
Jane E. Fedder, Shareholder (St. Louis, MO) - Jane Fedder is Vice Chair of the firm's
Environmental practice. She has extensive experience representing clients in complex
litigation and administrative proceedings involving environmental issues in the areas of
solid and hazardous wastes, underground storage tanks, toxic substances and metal
mining, among others. Her national practice includes Superfund (CERCLA) cost
recovery, enforcement actions in federal, state and administrative forums, arbitrations
and mediations, and insurance coverage litigation on behalf of policyholders. Jane also
has a broad background in legal ethics and professional responsibility and currently
serves as a Disciplinary Hearing Officer, appointed by the Missouri Supreme Court for
a term ending in June 2017.
Julius W. Hobson, Jr., Senior Policy Advisor (Washington, D.C.) - Julius W.
Hobson, Jr., strives to meet client public policy goals and objectives based upon the
client needs and capabilities. Julius has more than 40 years’ experience in public
policy, working both inside and outside of government. He has a deep-rooted
understanding and compassion about the public policy process — both legislative and
administrative. He advises and lobbies on behalf of clients on a number of issues,
including municipal affairs, appropriations, budget, health care, education, immigration,
congressional oversight, and investigations.
Julius’ background working at the office of Intergovernmental Relations in the
Executive Office of the Mayor for the District of Columbia provides unique experience
for the County. His work in this role included overall coordination of the District of
Columbia’s interaction with the U.S. Congress and Federal Executive Branch
departments and agencies; advised the Mayor, department and agency heads
concerning federal regulations and policy and Congressional legislation; developed
legislative proposals for submission to the Congress in response to instructions from
the Mayor and recommendations from District departments, agencies, and staff
offices; and assisted in the development of District government policy on pending,
proposed and enrolled legislation.
Ryan Landis, Principal (Los Angeles, CA) – Ryan’s background at the Department of
Commerce, National Oceanic and Atmospheric Administration, and the National
Marine Fisheries Service provides him unique experience on projects involving
wetland mitigation measures and fishery sustainability in coastal areas and ports. He
has deep understanding of projects involving coordination with USACE and
Page 7
real challenges. real answers.
Polsinelli Response to Broward County, FL Questionnaire
Department of Fish and Game on federal and state permitting issues including the
National Environmental Protection Act (NEPA), Endangered Species Act, Marine
Mammal Protection Act, Clean Water Act, National Historic Preservation Act, and the
Magnuson-Stevens Act.
In the past, Ryan interned with the Department of Defense, Naval Facilities
Engineering Command, Southwest Division in San Diego, CA where his project work
included coastal permitting matters between private parties, government entities and
issues involved the public interest. He also worked at the Naval Amphibious Base in
Coronado, CA where he provided discrete permitting issues related to dredging
proposals for San Diego Bay and Harbor that required permitting issuance from the
UASCE. Ryan also previously assisted the Santa Monica Baykeeper and San Diego
Baykeeper on various projects involving protected public lands, environmental
mitigation and restoration projects and beach, coastal, and wetland sustainability.
Full Biographies of each team member can be found in Appendix A.
2. Provide a brief description of 2 contracts performed by the firm that is similar to
this engagement, whether ongoing or completed in the last three years,
excluding Broward County. The descriptions should include the following
information:
a) Client name;
b) Description of work performed;
c) Approximate per month contract dollar value;
d) Dates covering the term of the contract;
e) Name of primary contact and phone number;
f) Results of the services/project performed.
Answer:
Jackson County, MO - Polsinelli is currently advising Jackson County, MO on its
$650 million plan to create a commuter rail system linking the outlying portions of the
County to downtown Kansas City. The plan has been endorsed by the Mid-America
Regional Council (MARC) and the first phase of the plan would provide heavy rail
service moving an estimated 1,150 to 2,800 passengers per day. The basis for the
commuter rail plan came from Polsinelli’s work with Jackson County and a coalition of
other transportation stakeholders to secure $1.8 million in competitive funding to
conduct a Transit Alternatives Analysis. Working directly with County Executives,
Polsinelli is playing a key role in developing the public-private partnership strategy
(which involves two class 1 rail partners, a state DOT, and the U.S. Department of
Transportation (USDOT)), and engaging regional stakeholders and members of
Congress representing the bi-state region.
Further, Polsinelli has collaborated with the County and other relevant stakeholders to
identify and secure resources for expanding other transportation opportunities,
advancing public safety and emergency management initiatives, and multiplying
economic development prospects.
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real challenges. real answers.
Polsinelli Response to Broward County, FL Questionnaire
Finally, Polsinelli continues to assist Jackson County with environmental remediation
issues surrounding the redevelopment of a former brownfield on unincorporated
County land. Polsinelli is assisting and advising Jackson County as it works with the
regional U.S. EPA office to secure approval to remediate and prepare the land for new
investment.
The approximate contract dollar per month is $14,500 and covers 12 months. Tracy
Hammond is the lead Polsinelli contact and can be reached at 202.626.8322.
Kansas City, MO – Polsinelli previously advised Kansas City, MO on a variety of
projects including identifying federal resources to support more than $2 billion in
necessary improvements to Kansas City’s 100-year-old sewer and storm water
system. We worked to secure approximately $15 million in the FY09 Energy & Water
Appropriations Bills. Most notable, our assistance helped Kansas City secure a 25year consent agreement extension from the EPA, the longest extension ever granted.
Former Congressman Kenny Hulshof has had extension experience working with the
USACE. While in Congress, Kenny served as Co-chair of the Mississippi River Caucus
and was instrumental in winning authorization and construction of new lock and dams
on the Mississippi River in WRDA in 2007. Polsinelli has helped secure approximately
$20 million in project authorization under WRDA. In support of some of these efforts
Polsinelli arranged a site visit by then Water Resources and Environment Chair
Congresswoman Johnson, and secured an opportunity for a member of the Kansas
City Council to testify before that same committee.
Polsinelli represented the city of Kansas City, MO from 2008-2012 and ranged from
$7,000-$11,000 depending on what projects were being performed. Julius Hobson is
the lead Polsinelli contact and can be reached at 202.626.8354.
Port of Gulfport Post Panamex Expansion - Represented a U.S. port facility and a
Class I rail carrier in successfully obtaining a $20 million Transportation Investment
Generating Economic Recovery (TIGER)-1 Grant from USDOT for its $200 million
post-Panamex expansion plan. The port, located in a southern state along the Gulf of
Mexico, successfully closed on the project through an effort led by Marcus Lemon,
combining federal TIGER Funds in Round 1 with U.S. Department of Housing and
Urban Development Community Development Block Grant Funds, along with private
funds from a Class 1 railway, to upgrade the existing port facilities from a restricted 10
mph single container flow, to a double stack, 49 mph speed for a post-Panamex ready
port. Working with state officials, FHWA, and the railway, Lemon was able to create a
successful outcome for the port and the state DOT.
Marcus Lemon represented the U.S. port in May 2010 for approximately a year and
totaled in costs of roughly $500,000. Marcus can be contacted at 202.626.8365.
3. Attach a complete list of the firm’s clients during the past three (3) years,
including clients represented before the Broward County Board of County
Commissioners, regardless whether the firm was the prime contractor or a
Page 9
real challenges. real answers.
Polsinelli Response to Broward County, FL Questionnaire
subcontractor. Indicate whether the firm has represented clients in front of the
Broward County Board of County Commissioners.
Answer:
A list of Polsinelli’s Public Policy clients over the past three years can be found in
Appendix B of this proposal.
4. Describe the firm’s understanding of, and experience with, major port dredging
and beach nourishment projects and what unique quality the firm can provide
which makes the firm different than other potential proposers.
Answer:
Relevant Capabilities
Polsinelli’s Public Policy practice capabilities combined with our Government Contracts
and Environmental practices provide extensive experience in working with government
entities in permitting and environmental compliance issues such as port dredging,
beach nourishment, land development, water rights, and industrial operation, among
others.
Although the County needs advocacy assistance in Washington to monitor and
aggressively interact with the USACE, Polsinelli views this project as more than just
traditional government relations. Our Public Policy practice will work with and leverage
the vast experience and knowledge that our colleagues in our Government Contracts
and Environmental and Natural Resources practices can provide to offer the County
an unique value designed to expedite and streamline oversight of the USACE.
Polsinelli understands the unique situation the County faces. The County relies heavily
on tourism from its beaches and from the business from its Port and both are essential
to the County’s economic wellbeing. The County’s beaches must be maintained in the
limited window allowed by the native sea turtle population. This is both necessary for
environmental and economic reasons, since the turtles bring tourism just like the
nourished and well-maintained beaches. American ports must also be dredged
deeper to compete for international trade once the Panama Canal Expansion project is
completed. Timing is critical for the port to maintain its place as a major source of
trade and economic activity. It is absolutely essential that the USACE perform the
work required of it in a timely manner that is acceptable to the County.
The professionals in the Government Contracts practice have represented clients for
many years in USACE contracts projects for dredging, beach nourishment and
construction contracts. Our lawyers have represented Great Lakes Dredge and Dock
Company, Bean Dredging and Stuyvesant Dredging companies in multiple USACE
contracts involving Channel maintenance dredging, new dredging and beach
nourishment projects. The firm has represented contractors and suppliers on
contracts for expansion in modernization of wastewater treatment plants in a number
of localities. We also have worked on a number of matters that involved the USACE
Page 10
real challenges. real answers.
Polsinelli Response to Broward County, FL Questionnaire
offices in New York, Philadelphia, Jacksonville and Middle East District offices. The
non-dredging USACE projects have involved construction of bases in Iraq and
Afghanistan, airports, runways, barracks, and various other types of construction.
Because of our long experience, we understand how USACE thinks and we can talk
with them in terms they understand in order to obtain a realistic understanding of
USACE’s concerns and the efforts necessary to move a project forward to timely
completion.
Our government contracts group could help the County in USACE’s review of the
County's proposed contracts for dredging, beach nourishment and construction
projects. When the Corps may have issues regarding a proposed contract, we believe
that our experience and expertise would enable us to understand the issues,
communicate them to County officials, help the County respond and resolve the issue,
and then communicate the solution to USACE. We also can assist in contract drafting
in order to implement requirements imposed by USACE, and provide assistance in
efforting expediting projects to come on line and keeping the client apprised of issues
slowing the process.
In addition, with Polsinelli’s experience and extensive contacts, we could assist the
County in assessing vendors and bids for USACE services, which in turn could save
the County and its taxpayers much-needed funds and resources.
Communicating with the County
Polsinelli believes that we work best when we can be fully integrated into the County’s
government affairs team. To that end, regular updates with the Board of
Commissioners and the County’s other federal representatives are essential to
ensuring that the County and Polsinelli have all the information they need to make the
best strategic and tactical decisions.
We will prepare written reports and provide oral briefings as requested by the County.
We routinely provide weekly and monthly updates for our clients and can provide
examples of those reports upon request. We will also provide early intelligence on
legislative, regulatory, and political developments that could impact the County. This
would include information on USACE and DOD announcements, regulations and
personnel changes; legislation; Congressional committee activity; and actions by
relevant stakeholder groups. If you wish, we will be pleased to participate in regular
conference calls to share intelligence, explain in detail procedural and substantive
policy developments, summarize our activities, make suggestions on strategy, and
assist you in making informed advocacy decisions. We are always “on call” to answer
your questions and provide advice. We are very comfortable briefing staff via any
means you prefer—whether by phone, videoconference, or in-person presentations.
5. List the legal name of the firm, principal business address, Federal
Employment ID number, telephone/fax numbers and email addresses for
key personnel, type of business, and authorized contacts for the firm.
Answer:
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real challenges. real answers.
Polsinelli Response to Broward County, FL Questionnaire
Legal Name: Polsinelli PC
Principal Business Address: 900 W. 48th Place, Suite 900, Kansas City, MO 64112
Federal Employee ID Number: 43-1064260
Key Personnel Contact information:
Tracy Hammond
1401 “Eye” St., NW
Suite 800
Washington, D.C. 20005
202.626.8322
[email protected]
Page 12
real challenges. real answers.
Appendix A:
Attorney Biographies
real people.
real perspective.
Areas of Focus
●
Air Quality and Climate Change
●
Chemical Manufacturing
●
Energy and Utilities
●
Environmental and Natural Resources
●
Federal Government Policy/Lobbying
●
Government and Community Affairs
●
Public Policy
SM
Tracy Hammond
Senior Policy Advisor
Washington, D.C.
202.626.8322
"Polsinelli spends the time (on their own dime) to understand what
we are trying to accomplish."
- Polsinelli client
Overview
Education
●
●
M.A. , The George Washington
University, 2001
B.S. , summa cum laude, Southwest
Missouri State University, 1999
Tracy Hammond brings a strong and varied experience in marketing, politics, and advocacy to his
clients. As a member of the firm’s National Public Policy practice, he assists clients interested in
shaping energy and environmental legislation and regulation. He advises clients with strategic
planning and tactical implementation through advocacy with fellow industry members, elected
officials, and other key decision makers. He also updates clients on current and potential public
policy impacts of federal legislation and regulatory actions and helps guide interaction with
policymakers to take advantage of opportunities and avoid potential threats.
Working for several large shipping customers, Tracy helped secure millions of dollars in USACE
project spending to dredge key waterways in several parts of the country. This multi-step process
included authorizing projects through congressional Water Resources Development Acts
(WRDAs) and working with Congress, the White House’s Office of Management & Budget (OMB)
and the USACE headquarters to highlight the critical nature of specific projects to boost funding
through the USACE's Operations & Maintenance budget. Of particular note, he helped secure the
largest single year appropriations funding level for dredging the Calcasieu Harbor and Ship
Channel in Cameron Parish, Louisiana.
Tracy has worked extensively for a number of clients on environmental and climate change policy,
air and water quality matters, and disaster mitigation and resiliency issues. Specifically, he has
represented clients before the U.S. Environmental Protection Agency (EPA) regarding
groundwater monitoring and funding for wastewater and municipal water projects. Tracy has also
worked for multiple sectors to address air quality issues before state and federal agencies; as well
as the U.S. Congress. He helped secure language on behalf of his clients in the 2005 and 2007
comprehensive energy bills. Finally, he has worked with clients to develop policies to increase
resiliency in our nation’s infrastructure; as well as “Build Back Better” after disasters have
occurred.
He began his career in marketing with EuroAmerican Marketing Services, Ltd, in London. He
entered politics by serving as an aide to the Minority Floor Leader of the Missouri General
Assembly in Jefferson City, Mo. After arriving in Washington, D.C., he began working for the
American Association of Political Consultants (AAPC), where he engaged in event planning and
association development. He soon became an account executive for the Campaign Media
Analysis Group (CMAG), providing political media activity analysis to both electoral and issue
advocacy campaigns. Prior to joining Polsinelli, Tracy served as Vice President at Dutko Grayling
(formerly Dutko Worldwide), where he was responsible for advising clients with the firm’s Energy,
Environment and Sustainability practice.
Page 14
Tracy represents clients in the areas of:
●
Energy intensive manufacturers
●
Individual utilities and utility coalitions
●
Petroleum and bio-based fuels
●
Traditional and renewable energy development and transmission
●
Smart grid deployment and grid modernization
●
Chemical production and regulation
●
Energy efficiency
●
Energy tax policy
●
Clean air and clean water regulation
Page 15
real people.
real perspective.
Areas of Focus
●
Food and Agriculture
●
Health Care Services
●
Public Policy
●
Public Policy - Health Care
●
Public Sector
Education
●
SM
Alan D. Wheat
Senior Policy Advisor | Practice Chair
Washington, D.C.
202.626.8385
"The Wall Street Journal hailed Congressman Wheat as a 'political
star' and Time Magazine pointed to him as a 'bright and able
leader for the new generation of African-American elected
officials.'"
B.A. , Grinnell College, 1972
Overview
With 18 years of experience as an elected official, and chair of Polsinelli's Public Policy practice,
the Honorable Alan Wheat, remains a highly regarded figure in Washington among his peers and
former colleagues, many of whom now occupy Washington’s most senior leadership positions both
on Capitol Hill and within the Administration. Recognized in Congress for his extraordinary skill in
building coalitions, Congressman Wheat continues to garner support for important client concerns
and initiatives in his role as Chairman for Polsinell’s Public Policy practice.
In 1982 he was elected to the United States House of Representatives, where he became part of
the House leadership as the youngest member in Congressional history to be appointed to the
powerful Rules Committee. While in Congress, he was one of the nation's first African-Americans
to represent a district with a white majority. He proved his skills as a strong political leader serving
as Chief Deputy Whip and in 1994 he ran for a seat in the United States Senate. He further made
history by becoming the first minority candidate selected as a major party nominee for statewide
office in Missouri.
Following his Senate race, Congressman Wheat became Vice President of Public Policy and
Government Relations with one of the largest and most vital global relief and development
organizations, CARE. In 1996, he was named deputy campaign manager and director of public
liaison for Clinton-Gore '96. During this period he developed and executed plans that mobilized
more than twenty essential constituency groups to support President Clinton’s re-election. In
addition, he traveled across the country as a spokesperson for the president and vice president.
His work has allowed him to develop an extensive and bipartisan network of contacts in
Washington.
Congressman Wheat counts many of Washington’s most influential voices among his
relationships. Those relationships are at the highest levels of Executive Agencies, the White
House, House and Senate leadership, the key committees in both the House and Senate and
numerous advocacy organizations.
Page 16
real people.
real perspective.
SM
Areas of Focus
●
●
Shareholder
Infrastructure and Public-Private
Partnerships
[email protected]
Jefferson City , Washington, D.C.
573.644.7947
●
Public Policy
●
State and Local Policy/Lobbying
Education
●
●
Kenny C. Hulshof
Federal Government Policy/Lobbying
J.D. , University of Mississippi, 1983
B.S. , cum laude, University of MissouriColumbia, 1980, Agriculture Economics
Bar Jurisdictions
●
Missouri,1983
●
Mississippi,1983
"For a dozen years in elective politics, I had the opportunity to
affect public policy on behalf of constituents. Now, I continue to
shape public policy as an advocate, working on behalf of my
clients."
Overview
Kenny Hulshof is a former congressman from Missouri. As vice chair of the firm's Public Policy
practice, he currently advocates on behalf of regional and national clients on matters related to
tax, transportation, energy, agriculture, appropriations, and manufacturing.
Prior to joining Polsinelli, Kenny served with distinction in the U.S. House of Representatives for 12
years (1997-2009), representing Missouri’s Ninth Congressional District. After defeating a 10-term
incumbent in 1996, Kenny was appointed by then-Speaker Newt Gingrich to the powerful Ways
and Means Committee. He served on this prestigious committee during his entire congressional
tenure and was a member of the Health and Trade subcommittees, as well as the Budget
Committee. He established a strong national reputation as a leader with integrity on the House
Committee on Standards of Official Conduct, also known as the Ethics Committee.
Kenny rose to national prominence when he co-authored the Ticket to Work and Work Incentives
Act. The bill, signed into law by former President Bill Clinton, helps individuals with disabilities lead
independent, productive lives. He also championed legislation reflective of his diverse district:
education savings accounts; biofuels incentives; telemedicine and health information technology
initiatives. Kenny was a key player during the consideration and passage of significant tax
legislation in 1997, 2001, and 2003.
Prior to his congressional career, Kenny served as a special prosecutor in the Office of Missouri
Attorney General, prosecuting some of Missouri’s most high-profile death penalty cases. He also
held previous positions as an assistant public defender and assistant prosecuting attorney for
Cape Girardeau County, Mo. Certified as a specialist instructor in criminal law, Kenny frequently
lectured at law enforcement conferences and seminars throughout the Midwest.
Kenny is a founding member of the Missouri Energy Initiative, a nonprofit think tank. He continues
to be in demand for speaking engagements on the topics of national energy policy, tax reform,
health care, and agriculture, and he has published multiple articles on those topics.
Distinctions
●
Golden Plow Award, American Farm Bureau Foundation, 2007
●
Spirit of Enterprise Award, U.S. Chamber of Commerce, 105 -110
●
Geyer Public Service Award, MU Alumni Association, 2003
●
Distinguished Non-Alumnus Award, University of Missouri School of Law, 2001
th
Page 17
th
Sessions of Congress
●
Lon O. Hocker Award for Trial Advocacy, Missouri Bar, 1992
Key Matters
●
●
●
●
Assisting Kansas authorities in securing nearly $500 million in federal funding to construct
the country’s only Biosafety Level 4-Agriculture laboratory facility in Manhattan, Kan.
Representing the nation’s leading manufacturer of football helmets as the industry
addresses the issues of concussions, new innovations in the marketplace, and the testing
and marketing of sports equipment.
Advocating on behalf of the national biodiesel industry during the current national energy
debate.
Representing a Web-based company as it deals with federal administrative matters.
Page 18
real people.
real perspective.
SM
Areas of Focus
Martin Frost
●
Federal Government Policy/Lobbying
Senior Partner
●
Public Policy
●
Public Sector
[email protected]
Washington, D.C. , Dallas
202.626.8314
Education
●
●
●
J.D. , Georgetown University, 1970,
Georgetown Law Journal, Editorial
Board Member
B.J. , University of Missouri, 1964
B.A. , University of Missouri, 1964,
History
Bar Jurisdictions
●
Texas,1970
●
District of Columbia,2007
"My 26 years of service in the U.S. House of Representatives
provided real insight into helping clients achieve a legislative
outcome critical to their business."
Overview
As an experienced former member of Congress, Martin Frost draws on his varied experiences to
help public policy clients achieve their goals.
In his 26 years of congressional experience, Congressman Frost served for eight years as a
member of the House Democratic Leadership, spending four years as Chair of the Democratic
Congressional Campaign Committee, and four years as Chair of the House Democratic Caucus.
As a result, he knows personally virtually every member of the current Democratic Leadership and
most of the ranking Democrats on key House Committees. Additionally, nearly half of the current
members of the U.S. Senate, both Democrats and Republicans, served with Congressman Frost
in the House.
Congressman Frost’s greatest strengths lie in helping devise and execute strategy for dealing with
complex legislative issues. In so doing, he draws on his years in leadership and his long-time
service as a member of the House Rules Committee and his membership in the House Budget
Committee. A member of Polsinelli’s Public Policy practice since 2006, Congressman Frost has
devoted much of his time to issues dealing with energy, taxes, and transportation. He works
closely with Republican members of the firm’s Public Policy Group to provide a comprehensive
bipartisan approach to issues pending in Congress and draws on extensive contacts within the
Obama Administration when executive branch action is required.
Additionally, Congressman Frost appears as a political commentator on cable news networks such
as MSNBC, FOX, and Bloomberg and writes articles for publications such as POLITICO and The
Hill. He was named a Board Chair of the National Endowment for Democracy in the spring of 2013
and serves as Co-Chair of the Circles program for The John F. Kennedy Center for the
Performing Arts.
Distinctions
®
●
Selected for inclusion in The Best Lawyers in America , Government Relations Law, 20092014
Key Matters
●
●
Convinced White House officials to include funding for a Kansas State University national
science project in its budget, and worked with the appropriations committees from the House
and Senate to secure full funding ($714 million).
Worked to gain bipartisan support for the main tax preferences used by domestic oil and gas
Page 19
producers (Intangible Drilling Costs and Percentage Depletion) to obtain financing for new oil
and gas wells as Congress considers tax reform.
●
●
●
Saved the financially pressed homebuilding industry millions of dollars by securing new rules
that extended net-operating loss carryback provisions from the then two years to five years,
thus permitting homebuilders to receive a tax refund from the federal government.
Won designation for Motorola as an official convention provider. Negotiated client
credentials, floor passes, and access to skyboxes for the client during two important
Democratic National Conventions.
Worked with a Kansas City-based client to win congressional support for increasing the
maximum length and maximum weight on car hauling equipment, increasing the number of
cars that can be transported during one trip from the factory to dealers.
Page 20
real people.
real perspective.
SM
Areas of Focus
Marcus J. Lemon
●
Federal Government Policy/Lobbying
Shareholder
●
Government Incentives
[email protected]
Washington, D.C. , New York
202.626.8365 (DC) 212.684.0199 (NY)
●
Infrastructure and Public-Private
Partnerships
●
Public Finance
●
Public Policy
●
Public Sector
●
Public/Municipal Finance
●
Real Estate Development
●
Real Estate Finance
●
Real Estate Transactions
Overview
●
Project developers
●
Concessionaires
●
Operators
J.D. , Pennsylvania State University
Dickinson School of Law, 1996
●
Bid teams
●
Project sponsors
B.A. , cum laude, Franklin & Marshall
College, 1992
●
Equity investors
●
Lenders
●
Contractors
●
Transportation companies
●
Subcontractors
●
Advisors
●
Private and public highway and bridge authorities
●
Railroads
●
Ports
Education
●
●
Bar Jurisdictions
●
Drawing on more than 18 years of public and private sector experience in project finance, his
previous role as the Presidentially-appointed Chief Counsel to the Federal Highway Administration
(FHWA), and as the lead advisor to the FHWA Administrator and Secretary of Transportation on
Public-Private Partnerships (P3s), as practice lead, Marc Lemon brings powerful and unique
insights to the deal table as he helps major project developers, operators, and facility owners
clients strategically navigate transportation, telecommunication, and social infrastructure P3s.
Based in New York and Washington, his experience includes representation of:
District of Columbia,1996
●
New Jersey,1996
●
Pennsylvania,1996
Court Admissions
●
U.S. Court of Appeals, Federal Circuit
●
State DOTs
U.S. District Court, District of New Jersey
●
●
Transit authorities
●
Energy developers
●
Telecommunications companies
●
●
●
U.S. District Court, Eastern District of
Pennsylvania
U.S. District Court, Middle District of
Pennsylvania
U.S. Court of Appeals, Ninth Circuit
His deal credentials include extensive experience on transportation mega-projects involving
highways, bridges, railroads, transit systems, and ports. His transportation experience also
includes extensive deal work with the TIFIA, PABs, and TIGER Programs. Marc’s social
infrastructure experience includes extensive work on mega-projects involving energy facilities,
telecommunications systems, public use buildings, court houses, schools, military housing,
alternative energy systems, water systems, parking garages, and other public development
Page 21
projects that contain a private investment component.
Marc has also represented various Fortune 500 companies, public authorities, and investors
throughout his career on project finance matters, corporate transactions, commercial contracts,
private placements, and entity formations, including joint ventures and mergers and acquisitions.
As an industry leader, Marc is also a frequent commentator to news outlets on transportation
policy and P3 issues, and he regularly testifies as an expert before state legislatures and public
authorities on Project Finance and P3 matters.
Marc is also a decorated Major (ret.) with the U.S. Army Reserves Judge Advocate General’s
Corps, former Deputy Chief of Staff to the Inspector General of the Pentagon, as well as former
Chief Counsel to the FHWA. During Marc’s tenure as FHWA Chief Counsel, he advised senior
FHWA and USDOT officials on project finance and P3 matters. He was also instrumental in several
successful P3 initiatives and the development of multiple tolling and congestion relief projects of
national significance, including the development of the Transportation Border Congestion Relief
Program (P3s at the borders), and the creation of the Office of Innovative Program Delivery (the
P3 division of FHWA). He was also instrumental in streamlining and overhauling the joint
Transportation Infrastructure Finance and Innovation Act (TIFIA) Program, which has become the
de facto infrastructure bank for many surface transportation projects. Marc also frequently
represented FHWA on the USDOT Credit Council which awards TIFIA loans and lines of credit. He
also represented FHWA as lead counsel on several successful mega-projects such as the
Intercounty Connector, Capital Beltway HOT Lanes, Silver Line Metro Extension, I-595, Corridors
of the Future, privatization of rest areas, commercialization of federal highways, and tolling at the
borders.
As a respected member of the industry, Marc is also frequently called to serve as an expert
witness and also provides litigation counseling before various courts and legislative bodies in
transportation matters including toll road litigation, federal contract litigation, false claim cases,
FHWA/SBA/DBE fraud cases, forfeiture cases, FHWA debarments, major construction arbitrations,
and P3 litigation.
He is an approved Arbitrator with the American Arbitration Association for major infrastructure,
construction, and P3 cases. Furthermore, Marc has represented transportation developers,
construction entities, and public authorities on transportation regulatory matters, procurements,
and waivers.
Distinctions
●
Major (Ret.) U.S. Army Reserves
●
Judge Advocate General Corps, 1998-2010
●
Graduate, U.S. Army JAG Basic Course
●
Graduate, U.S. Army JAG Advanced Course
●
Graduate, U.S. Army Inspector General School
●
Army Achievement Medal
●
Military Intelligence Reserve Command
●
●
●
●
Recipient of the Meritorious Service Medal, for his service with the Military Intelligence
Readiness Command
Graduate of the prestigious Army Inspector General School and appointed by President
Bush to serve as Deputy Chief of Staff and Special Assistant to the U.S. Department of
Defense Inspector General, where he worked on several high profile fraud, waste, and abuse
cases involving federal government defense contracts
Prior to his public service, Marc held several senior positions on various federal, state, and
local Republican campaigns and is actively involved in government affairs and regulatory
matters
Served as a Media Coordinator and Advance Team Member to Bush-Cheney 2000 in his
home state of Pennsylvania, and later served as a Coordinator on the 2001 Presidential
Inaugural Committee. He later served as Lead Regional Counsel to Bush-Cheney 2004 and
as Pennsylvania Chairman of Professionals for Bush-Cheney 2004. In 2008 and 2012 he
served as Regional Counsel to the Republican Presidential Campaigns in Pennsylvania and
in 2000 was a candidate in the Republican Primary for the 37th District State House of
Representatives Seat in Pennsylvania.
Page 22
real people.
real perspective.
SM
Areas of Focus
●
●
●
Steven J. Weber
Construction, Energy and Real Estate
Litigation
Of Counsel
[email protected]
Washington, D.C.
202.626.8390
Government Contracts
Infrastructure and Public-Private
Partnerships
Overview
Education
●
●
J.D. , The George Washington
University Law School, 1987, with
honors
B.A. , The George Washington
University, 1984
Bar Jurisdictions
●
District of Columbia,1987
●
Virginia,1993
Steve Weber focuses his practice on the representation of domestic and international contractors
in a wide range of construction litigation and governmental contract matters. He has represented
domestic and international construction contractors on power projects, high-rise projects and
major infrastructure projects, among others.
His experience also includes representing contractors performing projects domestically and
abroad for the United States government. In particular, Mr. Weber has represented numerous
international development contractors all over the world on contracts with the U.S. and foreign
governments, as well as large private donor organizations.
Mr. Weber has provided construction and government contractor clients with contract
development advice, project performance counseling and preparation and litigation of claims,
including defense of alleged False Claims Act violations and qui tam actions. He has also advised
local contractors and developers on private construction projects, including office buildings,
condominiums and mixed-use facilities. Clients represented range from tunneling contractors and
tunnel owners to investors in power plant projects.
Court Admissions
●
●
●
●
U.S. District Court for the District of
Columbia, 1988
U.S. District Court, Eastern District of
Virginia, 2000
U.S. Court of Appeals, Eighth Circuit,
1997
U.S. Court of Federal Claims, 1993
Mr. Weber has extensive alternative dispute resolution experience as well as trial experience
before numerous state and federal courts, arbitration tribunals and boards of contract appeals.
He has frequently assisted clients in responding to cure notices as well as handling terminations
for default and convenience.
Distinctions
●
●
●
●
Selected for inclusion in The Best Lawyers In America®, Construction Law, 2009-2015
Ranked in Chambers USA: America's Leading Lawyers for Business, Construction Law,
2010-2012
Recognized by Washingtonian magazine, Washington’s Best Lawyers, 2004
Recognized by the Washington Post, Best Lawyers in Baltimore and Washington, D.C.,
2011-2014
Key Matters
●
●
Conducted seven-month arbitration on a hydro-electric power plant. Claims prosecuted by
the client, a large multinational general contractor based in southern California, included
delay, inefficiency, and unresolved change orders. Defended false claim allegations against
the contractor. The case was settled with the client receiving a time extension and extensive
damages totaling almost $10 million.
Successfully defended large multi-national general contractor against significant claims from
a major subcontractor on the construction of a combined cycle power plant project in New
Page 23
York.
●
●
●
●
●
Represented a Department of Energy-funded laboratory near Chicago against claims
stemming from the construction of a large diameter tunnel. The contractor presented claims
in excess of $35 million to the project DRB. The disputes were favorably settled with the
client paying less than $5 million.
Prepared and prosecuted claims on behalf of a large multinational construction contractor
performing a cut-and-cover tunnel project on Boston's Big Dig. Delay analysis was
particularly challenging in that the contractor was performing to approximately two dozen
milestones and two separate agencies, each of which had to be analyzed for schedule
delays for numerous separate windows.
Represented an international development company in defense of a $60 million lawsuit filed
by the family of a subcontractor employee detained on foreign soil. Case settled on very
favorable terms for the client following multiple mediation meetings and while motions to
dismiss were pending.
United States government intervened in qui tam suit involving construction of multiple bases
in northern Iraq. Conducted an audit of the contractor's performance and persuaded U.S.
Department of Justice to drop its claims.
Represented large multinational foreign construction company in bid protest on Corps of
Engineers barracks construction projects in Afghanistan. Favorable out of protest resulted in
award of multiple construction projects on the base totaling approximately $80 million.
Page 24
real people.
real perspective.
SM
Areas of Focus
●
Walter A. I. Wilson
Government Contracts
Senior Partner | Practice Chair
[email protected]
Washington, D.C.
202.626.8394
Education
●
●
J.D. , American University, Washington
College of Law, 1968
A.B. , Middlebury College, 1968
Bar Jurisdictions
●
Virginia,1968
●
District of Columbia,1975
Court Admissions
●
●
●
U.S. Court of Appeals, Federal Circuit,
1983
United States Court of Appeals for the
Armed Forces, 1975
United States Supreme Court, 1971
Overview
With more than 40 years of procurement law and litigation experience, Mr. Wilson is the leader of
the firm's Government Contracts practice, and he is involved in all phases of government
contracting, representing domestic and international clients in all areas of federal supply, service
and construction contracts. He is experienced with bid protests, compliance with federal laws and
regulations, Defense Contract Audit Agency (DCAA) and compliance audits, federal supply
schedule procurements, contract administration, change order negotiations, claims and disputes.
While his practice emphasizes claims avoidance strategies and alternative dispute resolution, Mr.
Wilson is experienced in matters involving complex and lengthy litigation before federal and state
courts and administrative boards. He has successfully tried and/or settled claims and disputes for
many millions of dollars on behalf of his clients.
Mr. Wilson is general editor of "Government Contracts," Matthew-Bender’s 13-volume treatise that
provides the procurement community with up-to-date information on the Federal Acquisition
Regulations and all aspects of the federal procurement process.
Upon first graduating from law school, Mr. Wilson served as a trial lawyer with the U.S. Army's
Judge Advocate General's Corps. He then worked as an attorney with the federal agency known
as the Renegotiation Board. He later went on to private practice, serving as co-founder of one of
his previous firms.
Distinctions
●
Martindale-Hubbell AV Preeminent
Page 25
real people.
real perspective.
SM
Areas of Focus
●
Daniel J. Donohue
Government Contracts
Shareholder
[email protected]
Washington, D.C.
202.626.8395
Education
●
●
J.D. , Catholic University of America,
Columbus School of Law, 1978
B.A. , College of the Holy Cross, 1975
"Polsinelli understands the context – they know my business well
when I ask a question"
- Polsinelli client
Bar Jurisdictions
●
District of Columbia,1981
Overview
●
Maryland,1993
●
New York,1979
●
Virginia,1994
Dan Donohue represents clients with federal and state government contracts and commercial
contracts for services, supplies and construction and advises on contract compliance issues. He
has represented clients in federal and state courts with litigation of claims and appeals,
arbitration, administrative litigation, commercial litigation and alternative dispute resolution. His
experience includes pre-contract negotiations and disputes, bid protests, commercial claims and
disputes, contract performance disputes, and liens and payment issues.
Court Admissions
●
●
●
●
●
●
●
●
●
●
U.S. District Court for the District of
Columbia, 1983
U.S. District Court, District of Maryland,
1982
Distinctions
●
Martindale-Hubbell AV Preeminent
●
Selected for inclusion in Washington DC Super Lawyers, Government Contracts, 2012-2014
U.S. District Court, Northern District of
New York, 1979
U.S. District Court, Western District of
New York, 1984
U.S. District Court, Eastern District of
Virginia, 1996
U.S. Court of Appeals, Federal Circuit,
1983
U.S. Court of Appeals, District of
Columbia Circuit, 1983
U.S. Court of Appeals, Fourth Circuit,
1994
U.S. Court of Appeals, Fifth Circuit,
1988
U.S. Court of Appeals, Sixth Circuit,
1983
Page 26
real people.
real perspective.
SM
Areas of Focus
Jane E. Fedder
●
Chemical Manufacturing
Shareholder | Practice Vice Chair
●
Environmental and Natural Resources
●
Environmental Litigation
[email protected]
St. Louis
314.552.6867
●
Food and Agriculture
●
Insurance Recovery
●
Litigation
Education
●
●
J.D. , Washington University-St. Louis
School of Law, 1988, Journal of Urban
and Contemporary Law
B.A. , magna cum laude, University of
Missouri-St. Louis, 1984
Bar Jurisdictions
●
Missouri,1988
●
Illinois,1989
"I try to put myself in our clients' shoes. They are often under
severe time and budgetary pressure and need smart advice and
timely help to do their jobs well. My job is to make their job
easier."
Overview
Jane Fedder is Vice Chair of the firm's Environmental practice. She has extensive experience
representing clients in complex litigation and administrative proceedings involving environmental
issues in the areas of solid and hazardous wastes, underground storage tanks, toxic substances
and metal mining, among others. Her national practice includes Superfund (CERCLA) cost
recovery, enforcement actions in federal, state and administrative forums, arbitrations and
mediations, and insurance coverage litigation on behalf of policyholders. Jane also has a broad
background in legal ethics and professional responsibility and currently serves as a Disciplinary
Hearing Officer, appointed by the Missouri Supreme Court for a term ending in June 2017. Jane is
listed in Chambers USA, Who’s Who in American Law, and earned an AV® Preeminent Peer
Review Rating from Martindale-Hubbell.
Distinctions
Court Admissions
●
●
●
●
●
●
U.S. District Court, Southern District of
Illinois, 2012
U.S. District Court, Eastern District of
Missouri, 1989
U.S. District Court, Western District of
Missouri
U.S. Court of Appeals, Fourth Circuit,
2013
U.S. Court of Appeals, Seventh Circuit,
1993
U.S. Court of Appeals, Eighth Circuit,
1995
●
Chambers USA, Environmental Law, 2010-2012
●
Martindale-Hubbell AV® Preeminent
●
Who’s Who in American Law
●
Appointed by the Supreme Court of Missouri as a Disciplinary Hearing Officer, 2014
●
Law clerk, 1988-1990 for the Honorable Clyde S. Cahill, U.S. District Court, Eastern District
of Missouri
Key Matters
●
●
●
●
Representing Virginia land owner in negotiations with state regulators concerning scope of
liability for reclamation of abandoned lead mining tailings on the property.
Representing beneficiaries of inherited Iowa farmland, containing abandoned municipal landfill, in negotiations with EPA and potentially responsible parties for clean-up of the property.
Obtained severance, transfer, and dismissal of a third-party CERCLA contribution action as
well as an award of hundreds of thousands of dollars in attorneys’ fees for a client sued in
violation of a settlement agreement.
Currently, defending 18 clients, including several Fortune 500 companies and major utilities,
in a joint defense against two multimillion-dollar CERCLA contribution lawsuits alleging liability
for arranging for the disposal of hazardous substances via the sales and repairs of used
Page 27
electrical transformers allegedly insulated with polychlorinated biphenyl (PCB) oil.
●
●
●
●
●
●
●
Developed strategy and pursued declaratory judgment and breach of contract actions
against two excess insurers for failure to defend and indemnify pipeline owner in litigation
stemming from an underground plume in Hartford, Ill. The court recently awarded the client
summary judgment.
Represented Missouri Legal Ethics Counsel in preventing disclosure of a confidential
advisory opinion provided to a criminal defense attorney.
Won summary judgment for two electrical utilities against the United States Department of
Justice in a CERCLA case where the court agreed that the sales of used transformers for
purposes of resale were not arrangements for the disposal of hazardous substances.
Won summary judgment in two environmental insurance cases in which the court agreed that
Ace Insurance Company had breached its duty to defend our clients against actions brought
by the Illinois EPA and private parties for the cleanup of former landfills in Sauget, Ill. The
court held that the insurer’s failure to timely and fully defend our clients resulted in Ace being
estopped from asserting all coverage defenses, including the absolute pollution exclusion.
Obtained a temporary restraining order in Illinois Circuit Court prohibiting an Alabama
attorney from soliciting personal injury clients in southern Illinois in violation of the prohibition
against the unauthorized practice of law and forcing removal of his “Toxic Waste Lawsuit”
billboard advertisement.
On appeal, won the right for nonsettling potentially responsible parties (“PRPs”) to intervene
to challenge entry of consent decree between the U.S. government and settling PRPs
concerning the cleanup of a Superfund site in Cape Girardeau, Mo. This was the first U.S.
Circuit Court of Appeals decision to so rule, and it did so in the face of many district court
decisions holding there was no such right of intervention.
On appeal, won argument to limit the scope of officer/shareholder liability under CERCLA.
This was the first U.S. Circuit Court of Appeals decision to rule that a plaintiff asserting claim
for operator liability under CERCLA must allege that corporate managers directly and
personally engaged in conduct that led to specific environmental damage.
Page 28
real people.
real perspective.
SM
Areas of Focus
●
Federal Government Policy/Lobbying
●
Health Care Services
●
●
●
Senior Policy Advisor
Washington, D.C.
202.626.8354
Infrastructure and Public-Private
Partnerships
Public Policy
Education
●
Julius W. Hobson, Jr.
M.A. , The George Washington
University, 1980
B.A. , Howard University, 1977
"The First Amendment to the U.S. Constitution provides for a right
“to petition the Government for a redress of grievances.” As a
lobbyist but not an attorney, I view myself as an agent on behalf of
clients seeking to influence government decisions."
Overview
Julius W. Hobson, Jr., strives to meet client public policy goals and objectives based upon the
client needs and capabilities. Julius has more than 40 years’ experience in public policy, working
both inside and outside of government. He has a deep-rooted understanding and compassion
about the public policy process — both legislative and administrative. He primarily serves health
care clients with particular emphasis on physicians, hospitals, home health, and long-term care
providers. He also advises and lobbies on a number of other issues, including appropriations,
budget, education, immigration, municipal affairs, congressional oversight, and investigations.
Julius works with clients to develop strategic plans with achievable goals and objectives. He values
the team concept in advocacy and has delivered results in a number of areas, including:
●
Medicare and Medicaid
●
Physician reimbursement
●
Physician training
●
Graduate medical education
●
Hospital reimbursement
●
Provider quality measures
●
Health reform
●
Durable medical equipment
Currently, Mr. Hobson is Adjunct Professor, Graduate School of Political Management, George
Washington University, where, since 1994, he has taught Lobbying, Advanced Strategy Lobbying,
Fundamentals of Political Management, Electoral and Legislative Processes, and Legislative
Writing and Research.
Key Matters
●
●
Working on behalf of physicians facing a reduction in payments under the Medicare
Sustainable Growth Rate (SGR), successfully advocated to prevent cuts ranging from as low
as 5 percent to as has high as 27 percent.
Arranged a meeting with the appropriate personnel at the Centers for Medicare and
Medicaid Services (CMS) to explain the problem and to suggest appropriate solutions for a
Page 29
client who was concerned about rules implementing the law (the Physician Payment
Sunshine Act requires pharmaceutical companies to report all gifts to physicians and other
providers) and issues involving continuing medical education.
●
Succeeded in arranging appropriate meetings on Capitol Hill for the Mayor when Kansas
City, Mo., sought to retain the Marine Corps data center in the city. Also arranged meetings
with the General Services Administration to advocate for an extended lease.
Page 30
real people.
real perspective.
SM
Areas of Focus
Ryan S. Landis
●
Environmental Litigation
Principal
●
Litigation
●
Toxic and Mass Tort
[email protected]
Los Angeles
310.203.5313
Education
●
●
J.D. , University of San Diego School of
Law, 1998, Moot Court Honors 1997
B.S. , University of California, Berkeley,
1994
Bar Jurisdictions
●
California
Court Admissions
●
●
●
U.S. District Court, Southern District of
California
U.S. District Court, Central District of
California
U.S. District Court, Northern District of
California
"Getting to know the clients' goals and the nature of their business is essential in providing the most value in achieving their goals and objectives."
Overview
Ryan Landis makes it a priority in his practice to provide value to the client by strategically
evaluating the client’s case-specific goals while considering all aspects for the proliferation of the
client’s business objectives. His unique background working for governmental entities, public
interest groups and private corporations enables him to provide well-balanced perspectives for
strategic decisions in product liability and toxic tort litigation and regulatory compliance. Ryan’s
practice primarily involves the defense of corporations in toxic tort matters including asbestos
exposure, product liability and premises claims. Ryan’s practice also includes federal and state
environmental counseling and litigation with an emphasis on hazardous waste and groundwater
contamination, environmental auditing, air quality management, and hazardous waste cleanup. His
extensive experience in all aspects of litigation provides critical value for cases headed for trial
and he has served as second chair for a number of toxic tort trials throughout California.
Ryan’s involvement with hazardous waste, groundwater contamination and Proposition 65 defense
matters include representation of cleaning product manufacturers. He also regularly counsels
clients regarding compliance with various federal, state, local and international environmental laws
and regulations.
Early in his career, Ryan worked for the Attorney General’s Office in the state of Alaska, where he
focused on such matters as statutory enforcement and compliance with Underground Storage
Tank regulations, wastewater treatment system monitoring, Mine Closure Remediation, statutory
“permitted use” allocations for the fishery industry, and government sovereign immunity cases. He
also worked for the Department of Defense: Office of General Counsel on matters ranging from
federal Superfund claims to federal agency authority designation, and Issues related to a variety
of environmental statutes including: CEQA, RCRA, CERCLA, Clean Water Act, Marine Mammal
Protection Act, National Historic Preservation Act, and the Magnuson-Stevens Act.
Key Matters
●
●
●
Won a nonsuit motion in a toxic tort matter.
Secured dismissal for a major petrochemical and manufacturing company in a complex
asbestos personal injury trial where plaintiffs were seeking punitive damages.
Represented a national corporation in a complex groundwater litigation involving more than a
hundred plaintiffs, several water districts and numerous chemical company and product
manufacturers.
●
Represented a Fortune 100 chemical company in a federal CERCLA action.
●
Represented multiple chemical and product manufacturer companies in various toxic tort
Page 31
exposure matters venued in San Francisco, Los Angeles, Orange County and San Diego.
●
●
Litigated several Proposition 65 Discharge Prohibition cases for an international oil company
involving several hundred Underground Storage Tanks throughout California.
Successfully negotiated dismissal for a large chemical company in a California groundwater
contamination cross-contamination matter.
Page 32
Appendix B:
Polsinelli Public Policy
Client List
Appendix B – Polsinelli Public Policy Client List
Polsinelli Public Policy Client List (2012 – Current)
Abbott Laboratories
Accreditation Council for Continuing Medical Education
Advocating for Care Together
AFLAC
Aisle411, Inc.
Alliance For American Advertising
Alpha Painting & Construction
AMC Entertainment , Inc.
American Academy of Family Physicians
American Association for Geriatric Psychiatry
American Association of Colleges of Nursing
American Cancer Society Cancer Action Network
American Catalog Mailers Association
American Chemistry Council
American College of Chest Physicians
American Family Mutual Insurance Company
American Fuel & Petrochemical Manufacturers
American Health Care Association
American Hospital Association
American Insurance Association
American National Property and Casualty Company
American Registry of Radiologic Technologists
American Society of Clinical Oncology
Amerigroup Corporation
Amerigroup Kansas, Inc.
Amoena USA
Anitox
Annexus Group
Assurant Solutions
Auto Owners Insurance Company
B. Braun Medical Inc.
Bay Mills Indian Community
Bennett College For Women
Blue Cross and Blue Shield of KC
BMM North America, Inc.
Cable America
CaptureRx
Car Credit City, LLC
CareNow
Carmen Group, Inc.
Carpet and Rug Institute
Cellulose Insulation Manufacturers Association
Cempra Pharmaceuticals Inc.
Central Admixture Pharmacy Services
Chimerix, Inc.
City of Columbia MO
City of Compton, CA
City of Kansas City
Page 34
real challenges. real answers.
Appendix B – Polsinelli Public Policy Client List
Cityview Apartments
Collier Real Estate Partnership
Columbia Regional Airport Capital Improvements
Corporation Services Company
Correct Care Solutions
Council for a Secure America
Council of Graduate Schools
Delta Dental of Kansas, Inc.
Deputy Sheriffs Association of Missouri
Design-Build Institute of America
Doe Run Resources Corporation
Dokken Wade
Domestic Energy Producers Alliance
El Paso - Los Angeles Limousine Express, Inc.
Elekta, Inc.
Enterprise Holdings, Inc.
Enterprise Rent A Car Company
Everspring, Inc.
EveryLife Foundation for Rare Diseases
Express Med Pharmaceuticals, Inc.
Farmers Insurance Group of Companies
Foundation For Advancing Alcohol Responsibility
General Motors
Google, Inc.
GuideOne Insurance Group
H&R Block Management
Halscion, Inc.
Harold G. Butzer, Inc.
Health Insurance Association of America
Healthcare Nutrition Council
Hearth, Patio & Barbecue Association
Heartland Home Health & Hospice
Heavy Constructors Association of Greater Kansas
HEI St. Louis LLC
Hellmuth, Obata & Kassabaum
HHEDC/Truman Medical Center
Home Health Resource, Inc.
Hunter Engineering Company
Hyatt Legal Plans
HyOx Medical Treatment Center
Hy-Vee Incorporated
IESI Corporation
Integra Healthcare Equipment, LLC
Intermedix Corporation
Islamic Community Center of Phoenix, Inc.
J.E. Dunn Construction Company
Jack Cooper Transport Co., Inc.
Jackson County, Missouri
Jackson State University
Page 35
real challenges. real answers.
Appendix B – Polsinelli Public Policy Client List
Jasper Stone, LLC
Johnson Controls Battery Group, Inc.
Joseph C. Sansone Co.
Kansas City Arts Consortium
Kansas County Association Multi Line Pool
Kansas Funeral Directors Association
Kansas Health and Fitness Association
KS Department of Insurance Group
Labor Advertising Network
Labor Tribune
Leaders Life Insurance Company
Leukemia & Lymphoma Society
Liberty Star Uranium & Metals Company
Liberty/Alpha Joint Venture
Marla Deep Freeze, LLC
McGennis Group LLC
Med Systems, Inc.
Merck & Company, Inc.
Midwest Bankcentre, Inc.
Missouri Association of School Administrators
Missouri Botanical Garden
Missouri Chamber of Commerce
Missouri Sheriffs' Association
Missouri Transportation Alliance
Missouri Transportation Coalition
Missourians for Safe Transportation and More Job
Mitchell Out of Network Services
Mitsui Sumitomo Marine Management
MO Cable Telecommunications Association
MO Limestone Producers Association
Moniteau County Sheriff
MOSFA PAC INC.
Motorola, Inc.
MSL Group
Nabholz Construction Corporation
National Association for Children's Behavioral Health
National Association for the Support of Long Term Care
National Association of Real Estate Brokers
National Association of Social Workers
National Biodiesel Board
National Council Compensation Insurance
National Home Infusion Association
Novo Power, LLC
Office of the Comptroller, City of St. Louis
Oklahoma Surgical Hospital
Olin Corporation
Organovo
Orthomerica Products, Inc.
OrthoPartners, Inc.
Page 36
real challenges. real answers.
Appendix B – Polsinelli Public Policy Client List
Pharmaceutical Research And Manufacturers of Ame
Philips Respironics
Pink Hill Acres
Piper Jaffray
Prevor
Property Tax Analysts
Protective Life Insurance
Prudential Financial
R. L. Polk & Company
Redflex Traffic Systems
Regal Resources, Inc.
Research College of Nursing
Riddell Sports, Inc.
Riverfront Hotel Community Improvement District,
RubinBrown, LLP
Sapphire Road Development, LLC
Scientific Games International, Inc.
Serco, Inc.
Sheriffs Retirement System
Silver Point Capital, L.P.
SoftBank Capital
Spelman College
St. Louis Air Cargo Services, Inc.
St. Louis Economic Development Partnership
State Farm Insurance Companies
Summit Rider, LLC
Suneva Medical, Inc
Swank Family Real Estate
Tennessee State University
The Advertising Coalition
The Chartres Lodging Group, LLC
The Courtland Group
The Doe Run Company
The Greater Kansas City Chamber of Commerce
The Jeanmarie, LLC
The Lane Construction Corporation
The Medcom Group, Ltd.
The Paradies Shops
Theragenics Corporation
Tiger Pediatrics
Time Warner, Inc.
TracFone Wireless, Inc.
Transamerica Life & Protection
Transystems Corporation
Treanor Architects P.A.
Trigen-St. Louis Energy Corporation
True Partners Consulting LLC
Truman State University
UNICOM-ARC
Page 37
real challenges. real answers.
Appendix B – Polsinelli Public Policy Client List
Unique Infrastructure Group
Unite Private Networks, L.L.C.
United Fiber & Data
United Negro College Fund
United Network Equipment Dealer Association
University of Pittsburgh Medical Center
URAC
URS Corporation
Vee Jay Cement Contracting
Veolia Water North America Operating Services
Ward Investments
Wayne State University
Wells Fargo Securities LLC
Wheels, Inc.
Wood River Township Hospital
Zito Missouri-Kansas, LLC
Page 38
real challenges. real answers.
Polsinelli PC provides this material for informational purposes only. The material provided herein is general and is not intended to be legal advice.
Nothing herein should be relied upon or used without consulting a lawyer to consider your specific circumstances, possible changes to applicable
laws, rules and regulations and other legal issues. Receipt of this material does not establish an attorney-client relationship.
Polsinelli is very proud of the results we obtain for our clients, but you should know that past results do not guarantee future results; that every
case is different and must be judged on its own merits; and that the choice of a lawyer is an important decision and should not be based solely
upon advertisements.
©
2015 Polsinelli® is a registered trademark of Polsinelli PC. In California, Polsinelli LLP.
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