1. business and industrial
2. construction

Exhibit 9
An Introduction to Our Firm Presented to
Broward County,
Florida
In Response to Your Specialty Lobbying Firm
General Interest Questionnaire: U.S. Army
Corps of Engineers Advocacy Services
Due: February 25, 2015
Jim Sartucci
Government Affairs Counselor
Barry Hartman
Partner
[email protected]
T +1 202.778.9374
[email protected]
+1202.778.9338
Sean Kolaskar
Legislative Coordinator
Office of Intergovernmental Affairs and
Professional Standards
Governmental Center, Room 426
115 S. Andrews Avenue
Fort Lauderdale, FL 33301
Re: General Interest Questionnaire for Advocacy Services at the U.S. Army Corps of Engineers on
behalf of the Broward County Board of County Commissioners
Dear Mr. Kolaskar:
In response to your February 10, 2015 call and email, please find enclosed K&L Gates’ response to the
General Interest Questionnaire referenced above. We have endeavored to answer the questions as
presented.
Based on our review of the questionnaire, we believe our proposed team has 1) a strong working
knowledge of the U.S. Army Corps of Engineers processes; 2) a clear understanding of large urban
areas, including specific knowledge of Broward County; 3) a history of successful U.S. Army Corps of
Engineers lobbying experience.
If you have any additional questions please let one of us know. We look forward to hearing from you.
Sincerely,
Jim Sartucci
Barry Hartman
cc: Dan Casey, K&L Gates, Miami office
Contents
K&L Gates At a Glance ................................................................................................... 1
Overview ................................................................................................................................. 1
Firm Overview .................................................................................................................................. 1
Public Policy and Law ...................................................................................................................... 1
Environmental, Land, and Natural Resources ................................................................................. 2
Infrastructure Practice ...................................................................................................................... 3
Florida Practice ................................................................................................................................ 3
Key Team Members ......................................................................................................................... 3
A. Primary Team...................................................................................................................... 4
B. Secondary Team ................................................................................................................. 6
C. Other Supporting Professionals Based on Identified Subject Matter.................................. 7
Evaluation Criteria ........................................................................................................... 8
Similar Work Experience ......................................................................................................... 8
K&L Gates Clients ................................................................................................................. 11
Major Port Dredging and Beach Nourishment Projects ........................................................ 12
Legal Name of the Firm......................................................................................................... 14
Key Personnel ............................................................................................................... 15
Attachment A: Representative Experience in Key Subject Areas/Issues ...................... 16
Attachment B: Representative Clients ........................................................................... 38
K&L Gates At a Glance
OVERVIEW
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 preform 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).
Firm Overview
K&L Gates LLP comprises more than 2,000 lawyers who practice in fully integrated offices
located on five continents: Anchorage, Austin, Beijing, Berlin, Boston, Brisbane, Brussels,
Charleston, Charlotte, Chicago, Dallas, Doha, Dubai, Fort Worth, Frankfurt, Harrisburg, Hong
Kong, Houston, London, Los Angeles, Melbourne, Miami, Milan, Moscow, Newark, New York,
Orange County, Palo Alto, Paris, Perth, Pittsburgh, Portland, Raleigh, Research Triangle Park,
San Francisco, São Paulo, Seattle, Seoul, Shanghai, Singapore, Spokane, Sydney, Taipei,
Tokyo, Warsaw, Washington, and Wilmington.
K&L Gates represents leading global corporations, growth and middle-market companies, capital
markets participants, and entrepreneurs in every major industry group, as well as public sector
entities, educational institutions, philanthropic organizations, and individuals. Our practice is a
robust full market practice—cutting edge, complex, and dynamic, and at once regional, national,
and international in scope. More details regarding the nature of our global practice can be found
here.
Our global platform uniquely positions us to bring to a matter the specific focused expertise
needed to address the client’s needs, supported where necessary by our multidimensional
support.
In this particular case, we would bring to bear two primary disciplines: Public Policy and Law, and
Environment and Natural Resources. We would also include elements of our Maritime,
Infrastructure, Construction, and Florida practices. Each of these practices has been recognized
as top tier by various organizations.
Public Policy and Law
The K&L Gates bipartisan policy group operates at the intersection of public policy, law, and
business. Founded four decades ago, at a time when few law firms had lobbying practices, the
policy group has grown from a single lobbyist to become the largest of any fully integrated global
law firm. A number of publications, including Chambers USA, a leading guide to the legal
profession, have ranked the practice as one of the premier policy practices in the nation, as most
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recently in their 2014 edition, acknowledging that the firm “consistently ranks among the nation’s
most influential law firms in lobbying and government policy work.” In July 2014, K&L Gates was
ranked among the top five law firms in the National Law Journal’s Influence 50 survey. A detailed
description of this practice can be found at http://www.klgates.com/public-policy-and-lawpractices.
For purposes of this proposal, and as explained in more detail below, our key practitioners for this
proposal would be Jim Sartucci and Cliff Rothenstein, who have the focused expertise that
Broward County is seeking. Jim has a depth of experience working with the U.S. Army Corps of
Engineers (USACE), the U.S. Coast Guard (USCG), and others on water resources development
and transportation projects and program funding and has extensive experience with respect to
Water Resources Reform and Development Act (WRRDA) legislation. Cliff has more than 30
years of congressional and federal executive experience, including serving as a senior official at
the Environmental Protection Agency (EPA) and as a professional staff member of the Senate
Environment and Public Works (EPW) Committee, including on water resources development
issues. He has worked closely with the Assistant Secretary of the Army for Civil Works and other
senior Administration officials. Our work in this arena most relevant to this proposal includes
ongoing work on behalf of a variety of maritime interests regarding USACE funding and policy
relating to navigation maintenance dredging in the Great Lakes and on the Mississippi River.
Environmental, Land, and Natural Resources
Our environmental, land, and natural resources practice is proud to have received recognition for
its work nationally and locally, a sampling of which is below:
U.S. News-Best Lawyers® “Best Law Firms”
•
Named the 2013 U.S. News-Best Lawyers “Law Firm of the Year” in Environmental Law.
Only one law firm per legal practice receives this annual recognition based on a
combination of high performance on surveys of clients and the high regard expressed by
lawyers in other firms.
•
In 2015, recognized nationally as “Tier One” in both Environmental Law and
Environmental Litigation.
•
In 2015, received 6 “Tier One” rankings for our environmental practices in regional
markets across the United States, including North Carolina (Charlotte and Raleigh),
Pennsylvania (Harrisburg), New Jersey, Oregon (Portland) and Washington State
(Seattle).
Chambers USA
•
Recognized K&L Gates’ environmental practice with a “National” ranking in response to
our experience beyond the states where our lawyers are physically located.
•
Long-standing recognition for our environmental lawyers in New Jersey, North Carolina,
Pennsylvania and Washington State.
A detailed description of this practice can be found at http://www.klgates.com/environmentalland-and-natural-resources-practices.
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Our work in this arena most relevant to this proposal includes our expertise regarding application
of the National Environmental Policy Act (NEPA) to USACE projects on the Mississippi, in coastal
ports, and regarding bridges, as well as the removal and handling of hazardous materials
resulting from development projects. Our experience with the Safe Drinking Water, Endangered
Species, and the Clean Water and Clean Air acts is also relevant here. One member of our
team, Cliff Rothenstein, is a 20-year veteran senior official at the EPA. Another, Barry Hartman,
served as Deputy Assistant Attorney General for the Environment Division at the Department of
Justice (DOJ), where his clients included the USACE, EPA, and other federal agencies.
Infrastructure Practice
K&L Gates' Infrastructure practice is comprised of lawyers with experience across a broad range
of disciplines, from project finance and energy and utilities, to public-private partnerships,
environmental regulation, natural resources, and construction. Our work likewise spans the
gamut of facilities, including power generation and transmission, water, wastewater, waste
management, transportation, telecommunications, and oil and gas. Our lawyers have advised on
project financings in various sectors, including communications, education, energy, health and
social care, hospitality, housing, museums, parking systems, prisons, rail, roads and bridges,
science and research, stadiums, waste management, water, wastewater, and reclaimed water. A
detailed description of this practice can be found at http://www.klgates.com/infrastructurepractices/#overview.
Florida Practice
Over 30 years ago, K&L Gates opened its Miami office and became one of the first international
firms to enter the South Florida market. Our Miami lawyers practice throughout Florida and
beyond and serve as a principal connection with our Latin America practice. We represent clients
throughout the state of Florida on both transactional and litigation matters. Our real estate
attorneys handle every area of real estate matters, including secured lending, purchase, sale, and
lease transactions. The Miami corporate group provides guidance to its clients on investments,
transactions, and compliance matters. Our experience includes mergers and acquisitions, private
equity and venture capital, corporate finance and capital markets (including public and private
securities offerings), corporate governance, joint ventures and strategic alliances, cross-border
transactions, infrastructure, construction, and general corporate services. A detailed description
of our Miami office can be found at http://www.klgates.com/miami-united-states-of-america.
Additionally, several of our lawyers live in Broward County and are very active in that community,
including extensive civic activity in the City of Hollywood.
Key Team Members
Based on our current understanding of Broward County’s needs, we are proposing a primary
team and a secondary team, and are also identifying other members of the firm whose
experience might be relevant to discrete aspects of this project. The primary team would be led
by Jim Sartucci, with primary assistance provided by Cliff Rothenstein and Barry Hartman. They
have the policy and legal experience to assist Broward County on what we understand is the
primary need: working with the USACE, Department of Defense (DOD), and other agencies with
respect to deepening and widening the Port Everglades navigation channel and renourishing
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local beaches. How that experience relates to Broward County is described in response to
Question 4 as requested.
Our secondary team members include Dan Casey and Frank Bigelis from our Florida practice.
Dan has extensive knowledge and involvement in Broward County, while Frank is a construction
law and government contracts expert with experience working with the USACE.
Our additional potential resources have deep expertise in some of the areas listed in Attachment
B to the proposal, which we understand may also be needed. Each is identified on the chart
below, which addresses the areas of expertise in Attachment B to the Request for Information.
A. Primary Team
Jim Sartucci (link to full bio)
While with K&L Gates, Jim has represented clients on various water resources, maritime,
environmental, fisheries, transportation, and energy issues before Congress, the USACE, USCG,
National Oceanic and Atmospheric Administration (NOAA), and other agencies, including gaining
acceptance of several provisions in WRRDA 2014 (e.g., increasing nationwide and Great Lakes
spending on harbor maintenance, maintaining extreme low-water navigation on the Mississippi
River, and accelerating environmental reviews of USACE civil works projects). He worked
extensively with a nationwide industry and labor coalition to lobby the USACE, House and Senate
Appropriations Committee staff, and individual members of the House and Senate for the past
seven years to increase funding for harbor maintenance from $787M in FY2008 to $1,112M in
FY2015 (a 41% increase). Jim continues to lobby the USACE on implementation of WRRDA
2014 provisions. His work with the Dredging Contractors of America (DCA) also provided him
with significant insight into beach renourishment project authority and funding.
Prior to joining K&L Gates, Jim spent nine years working for Senator Trent Lott (R-MS) where he
served as Legislative Director, including during Senator Lott’s service as Majority Leader. This
provided Jim with uncommon insight into the behind-the-scenes aspects of the legislative
process. He has considerable experience in the areas of land and water infrastructure,
appropriations, maritime transportation, disaster, offshore energy, and environmental policy,
including involvement in the enactment of WRDA 2006, Hurricane Katrina response legislation,
and several Energy & Water Development Appropriations acts. Prior to his work in Senator Lott’s
office, Jim served as a Professional Staff Member and USCG Fellow on the U.S. Senate
Committee on Commerce, Science and Transportation Committee where he was involved in
maritime issues and legislation (including the Ocean Shipping Reform Act of 1998) and supported
USCG, oceans, and fisheries legislation. Prior to his employment in the U.S. Senate, Jim spent
17 years as a commissioned officer in the USCG, holding a variety of operational and staff
assignments, including six years of sea duty (four of which were in South Florida).
Cliff Rothenstein (link to full bio)
Cliff has more then 30 years of congressional and federal executive experience, including serving
for 20 years at the EPA, including as the Deputy Assistant Administrator, and serving as a
professional staff member for almost a decade on the Senate EPW Committee under Senator
Max Baucus (D-MT). He has worked on a variety of issues at the intersection of environmental,
energy, and transportation policy and regulation, including issues related to WRRDA legislation.
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He has represented clients on various environmental, regulatory, and NEPA permitting issues
before EPA and the USACE and has advanced client objectives through agency rulemakings and
various legislative vehicles. He has worked closely with senior officials at the EPA, USACE, and
White House Council on Environmental Quality and key congressional committees, overseeing
energy, environment, and infrastructure projects, including the Senate EPW and House Energy
and Commerce and Transportation and Infrastructure committees. Before joining K&L Gates,
Cliff served most recently as the director of the Office of Legislative Affairs and Policy
Communications at the Federal Highway Administration, where he served as the primary point of
contact with Congress on the surface transportation reauthorization and other legislative and
policy matters. More recently, Cliff has represented clients on climate change policies and
regulations being advanced by the EPA and the White House, including the EPA’s proposed rules
regulating greenhouse gas emissions from new and existing utilities and the impact of these rules
on the transportation and biofuels sectors. Additionally, Cliff has advised a municipal client on
clean water revolving loan funds opportunities and energy clients on Clean Water Act permitting
issues.
Barry Hartman (link to full bio)
Barry has been practicing environmental law for more than 20 years and has seen it from the
perspective of representing federal, state, and local entities, as well as the private sector. He
served as Deputy General Counsel to the Governor of Pennsylvania, where he was responsible
for overseeing the work of several executive branch agencies, including the Department of
Environmental Resources. In that capacity, he advised agencies with respect to both compliance
with and administration of state and federally delegated environmental laws governing air, water,
and waste issues. He also represented the Commonwealth in certain matters arising from the
Three Mile Island accident.
As Deputy Assistant Attorney General for the DOJ Environment Division, he advised and
represented many federal agencies, including the USACE and the DOD. He defended a wide
variety of agency environmental permitting and regulatory proposals. Among other things, he
was involved in the initial litigation regarding restoration of the Everglades. He also led the
federal civil and criminal enforcement actions arising out of the Exxon Valdez spill.
In private practice, he has advised a variety of clients with respect to USACE and related
environmental matters, including a wide variety of environmental permitting and other issues, as
well as the most recent proposal to redefine “waters of the United States” for purposes of section
404 of the Clean Water Act. For several years, he was part of the litigation team representing the
Florida Department of Environmental Protection in the dispute over water rights allocation issues
relating to the Apalachicola-Chattahoochee-Flint River Compact, as well as issues under the
National Environmental Policy Act, the Endangered Species Act, the Water Supply Act, and the
Flood Control Act. (Florida Department of Environmental Protection in Southeastern Federal
Power Customers Inc. v. Corps of Engineers, et al., 301 F. Supp. 2d 26 (D.D.C. 2004), reversed,
514 F.3d 1316 (D.C. Cir. 2008)).
He also represents a variety of maritime interests on legal issues surrounding USACE projects on
several waterways and is deeply involved in a wide variety of rulemakings. He has advised and
assisted a number of entities regarding the development of assessments required by NEPA for
projects requiring federal approval and seeking federal funding. This includes a water resources
5
project on the Rio Grande (City of Santa Fe), major bridge construction in Washington, D.C.
(Board of Trade), and the movement of nuclear fuel along the East Coast and inland waterways
(Long Island Power Authority). He has also assisted with respect to the requirements of the
Coastal Zone Management Act, Endangered Species Act, and related laws that potentially impact
port development projects.
He has also been deeply involved in representing clients regarding a variety of environmental
accidents and maritime incidents, including as counsel to both companies and individuals in
major oil spills.
B. Secondary Team
Dan Casey (link to full bio)
Dan is the Administrative Partner for our Miami office and a leader in the South Florida business
community. Dan began his practice learning to try cases as an Assistant State Attorney in Miami
in the early 1980s and, for the past 28 years, has been representing a wide variety of business
interests in Florida and elsewhere on commercial litigation and government enforcement matters.
Dan has held leadership positions on many boards and committees of leading Broward
community nonprofit or municipal entities, including service for the past 20 years as the Legal
Counsel for the Greater Hollywood Chamber of Commerce; President of the Hollywood Chamber;
Chair of Leadership Hollywood; service on the Board of the Hollywood Business Council; Chair of
both the Greater Hollywood and Broward County YMCAs; service on the Board of the Broward
Outreach Center; service on Advisory Committees for the City of Hollywood; service on the
Environmental Awareness Committee of the Broward County Bar Association; and service in a
variety of capacities for a number of other Broward community service entities.
Frank Bigelis (link to full bio)
Frank has over two decades of experience in the construction industry. He specializes in
construction law and government contracting. He has worked with public owners and contractors
during contract negotiation and drafting, actual construction of the project, and, if necessary,
dispute resolution. Frank’s role during the construction is to work with the project team to reduce
and mitigate risk and, should a dispute arise, be already up to speed and make sure the client is
in the best possible position for an efficient and favorable outcome. Among other things, he has
been involved in a wide variety of matters involving contracts with the USACE under the
Contracts Disputes Act. He also represented contractors relating to the construction of a levee
system in Louisiana (post-Katrina, where he worked with the USACE to defeat a bid protest).
This and other work (on federally funded schools and courthouses, among other things) has
given Frank the opportunity to work with and know a variety of USACE counsel who work on
contract matters, including the USACE’s Chief Trial Attorney.
He also was an author of the 2004-2013 annual updates of the Government Contracts chapter in
the Aspen Construction Law Update and has been an instructor on government contracting. Prior
to his legal career, Frank was a professional civil engineer focusing on the design and
construction of water and wastewater projects around the country. His background eliminates
any learning curve in understanding a project.
6
On the commercial side, Frank is quite familiar with the industry standards, building codes,
construction, and permitting issues in Florida. Notable projects on which Frank played a role
were: representing the joint venture during construction of the Miami Performing Arts Center;
representing the contractor in disputes arising from the construction of the Ritz-Carlton at Key
Biscayne; and providing real-time advice to the owner’s construction manager on the Port of
Miami Tunnel Project. Outside of Florida, Frank has represented the Commonwealth of
Massachusetts on the largest public infrastructure project in the United States (the “Big Dig”).
That work arose out of prior work performed for the Commonwealth relating to the cleanup of
Boston Harbor. Other large projects include representing the Narragansett Bay Commission
during the construction of a combined sewer outflow tunnel into Narragansett Bay and its related
infrastructure contracts.
C. Other Supporting Professionals Based on Identified Subject Matter
We have include a chart below indicating the experience of primary and secondary team
members, as well as other members of the firm with specific additional experience in these areas
who might be called on for assistance should Broward County determine it is necessary. Links to
each person’s bio are included next to their names. Brief summaries of their experience in these
subject matter areas are also set forth below.
James T. Walsh (link to full bio)
James is a government affairs counselor in the firm’s Washington, D.C. office. He was elected to
the U.S. House of Representatives, where he served from 1989 to 2009. During his tenure in
Congress, James served as a deputy Republican whip from 1994 to 2006. He was appointed as
a member of the powerful House Appropriations Committee, where he served from 1993 to 2009.
During that time, he became Chairman of four House Appropriations subcommittees: District of
Columbia; Legislative Branch; VA, HUD and Independent Agencies (NASA, EPA, FEMA, NSF,
Selective Service); and Military Quality of Life (included jurisdiction for Military Base Construction,
the Defense Health Program, and Housing Accounts) and Veterans Affairs. He also served as
ranking Republican member of the Labor, Health and Human Services Subcommittee on
Appropriations.
Bart Gordon (link to full bio)
Bart joined K&L Gates as partner in the Washington, D.C. office after 26 years representing the
state of Tennessee in the U.S. House of Representatives. Bart served as Chairman of the House
Committee on Science and Technology from 2007 to 2010. Bart was also a senior member of
the House Committee on Energy and Commerce, and served on the House Committee on
Financial Services and the House Committee on Rules, Transatlantic Parliamentary Dialogue,
and NATO Parliamentary Assembly.
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Evaluation Criteria
SIMILAR WORK EXPERIENCE
2. Provide a brief description of two contracts performed by the firm that are 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; and
f)
Results of the services/project performed.
Example 1:
a) Client name: Lake Carriers Association (LCA)
b) Description of work performed: Lobby Congress to include in the WRRDA 2014 language
authorizing the USACE to manage all of the navigation projects within the Great Lakes as a
single Great Lakes Navigation System (GLNS). Lobby the USACE and Congress to increase
harbor maintenance funding for GLNS projects. Coordinate this effort with other trade
associations working to increase nationwide USACE harbor maintenance funding (American
Association of Port Authorities (AAPA), DCA, RAMP Coalition, etc.).
c) Approximate per-month dollar value: Ranged from $7,000 to $60,000, depending on volume
of work (this work is billed hourly).
d) Dates covering the term of the contract: January 2013 through present (ongoing). While K&L
Gates has represented LCA for several years, this particular LCA project began in early
2013.
e) Name of primary contact and phone number: Mr. James H. I. Weakley, President, Lake
Carriers Association. Phone: (440) 333-9995
f)
Results of services/project performed: WRRDA 2014 includes an authorization for the
USACE to manage the GLNS as a single system and includes a set-aside of 10% of “priority”
harbor maintenance appropriations for the GLNS. President’s budget requests for GLNS
projects increased from $87M for FY2013 to $112M for FY2016 (almost a 30% increase in
three years). USACE’s work plans for GLNS projects increased from $88M for FY2012 to
$119M in FY12015 (a 35% increase in three years).
Example 2:
a) Client name: American Commercial Lines, Inc. (ACL)
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b) Description of work performed: Reviewed WRRDA 2014 and USACE authorities regarding
maintaining a portion of the Mississippi River outside the navigation channel during periods of
extremely low water in order to remove obstacles to navigation near ACL’s St. Louis, Missouri
barge facility. Developed action plan, drafted ACL submission to the USACE, and lobbied
the USACE for inclusion of ACL’s submission in the USACE’s extremely low-water navigation
plan. Also assisted ACL in development of submission to USACE to study modifying the
Mississippi River navigation channel project to include maintenance of an access route to the
channel from ACL’s facility.
c) Approximate per-month dollar value: Ranged from $0 to $17,000, depending on volume of
work (this work is billed hourly).
d) Dates covering the term of the contract: August 2013 through present (ongoing). K&L Gates
has also performed other legal work for ACL for the past several years.
e) Name of primary contact and phone number: Ms. Dawn Landry, Senior Vice President and
General Counsel. Phone: (812) 288-0291
f)
Results of services/project performed: USACE is considering ACL’s submission for inclusion
in its extremely low-water navigation plan for the Mississippi River. The USACE’s report on
this plan is not due to Congress until the spring of 2015. The USACE is also considering
ACL’s submission for studying the modification of the Mississippi River channel.
Example 3:
a) Client name: Port Authority of New York and New Jersey (PANYNJ)
b) Description of work performed: Provided strategic advice and assistance to PANYNJ for
navigating and completing the NEPA review process and regulatory approvals for a major
transportation infrastructure project, the Bayonne Bridge Navigational Clearance Project.
This project entailed modernizing the Bayonne Bridge and was needed to provide a higher air
draft for the bridge to allow larger vessels to navigate under the bridge and access area
marine terminals following the expansion of the Panama Canal. The engagement required
working extensively with multiple federal agencies, including the USCG, the EPA, the
USACE, and the U.S. Department of Transportation.
c) Approximate per-month dollar value: Ranged from $2,000 to $98,000, depending on volume
of work (this work was billed hourly).
d) Dates covering the term of the contract: [July 2011–April 2014]. While K&L Gates has
represented PANYNJ for several years, this particular project began in [July 2011].
e) Name of primary contact and phone number: Mr. Brian Smith, Attorney, PANYNJ.
Phone: (212) 435-4366.
f)
Results of services/project performed: PANYNJ successfully worked through the NEPA
process and received all of the regulatory approvals and permits to proceed with the
construction of the Bayonne Bridge construction project before the PANYNJ deadline.
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Additional references regarding Jim Sartucci’s work with a national coalition on increasing
USACE funding for harbor maintenance work:
•
Barry Holliday, Executive Director, DCA, (202) 737-2674
•
Jim Walker, Director of Navigation Policy, AAPA, (703) 684-5700
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Evaluation Criteria
K&L GATES CLIENTS
3. Attach a complete list of the firm’s clients during the past three years, including clients
represented before the Broward County Board of County Commissioners, regardless of whether
the firm was the primate contractor or a subcontractor. Indicate whether the firm has represented
clients in front of the Broward County Board of County Commissioners.
To date, we have approximately 15,000 active clients. Our client base includes leading global
corporations, growth and middle-market companies, capital markets participants, and
entrepreneurs in every major industry group, as well as public sector entities, educational
institutions, philanthropic organizations, and individuals.
For practical purposes and in order to respect the confidentiality of our clients, we are not at
liberty to disclose the full list of active clients. However, we have provided in Attachment B
representative clients who have kindly granted us permission to include them on this list.
We do not believe we have represented clients before the Broward County Board of
Commissioners.
It is possible, however, that we have been and are involved in matters that may be adverse to the
interests of Broward County. Because of client confidences, disclosing that information requires
consent. If the County determines that it wants to further consider K&L Gates, we will arrange to
provide full and complete disclosures of actual or potential conflicts that might influence the
County’s decision to retain the firm. We believe there will only be two or three that require
consideration.
In addition, we have initially reviewed the Standard Terms applicable to contractors with the
County. Again, in the event the County wishes to further consider us, we will be pleased to
review to those terms with the County and are confident that terms which must be reconciled with
the Rules of Professional Responsibility and other considerations can be addressed satisfactorily.
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Evaluation Criteria
MAJOR PORT DREDGING AND BEACH NOURISHMENT PROJECTS
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 that makes the firm different
from other potential proposers.
Understanding and Experience
K&L Gates’ Public Policy Group’s primary lobbyists who would work on this project, Jim Sartucci
and Cliff Rothenstein, have extensive work experience with the USACE at the district, division,
and headquarters levels and extensive Congressional experience with USACE authorization and
appropriations legislation and with Congressional authorizing and appropriations committees’
members and staffs. Jim and Cliff have successful records of serving clients’ interests. Their
biographies summarized above provide additional details. The most notable example is their
success in helping to increase funding for harbor maintenance projects from $787M in FY2008 to
$1,112M in FY2015 (a 41% increase). At K&L Gates, we believe that our combination of
familiarity with Broward County, the USACE, and the industries that support the USACE;
extensive experience working with the executive, legislative, and judicial branches of the federal
government; and bipartisan coverage of the political spectrum make us the best choice to serve
the needs of Broward County.
We believe there are four reasons why K&L Gates makes us uniquely qualified to assist Broward
County on this matter.
1. Specific experience
As reflected in the experience described in the summaries of our key and supporting team
members, we have actually worked with the USACE, other agencies, and the Congress on port
project funding and have understanding and experience in working the complex process of
obtaining funding for these kinds of projects. Our key team members, Jim, Cliff, and Barry reflect
our approach to these kinds of issues. We describe it as a three-dimensional chessboard: there
are legislative, regulatory, and sometimes judicial dimensions to obtaining favorable client results
and understanding how they interrelate. Knowing how they can be used together to achieve the
desired role is often the key to success. At the federal level, there are also several dimensions.
The agency stakeholders in this project include not only the USACE, which we know well, but
also the USCG, EPA, NOAA, and others. Jim and Cliff have extensive work experience with the
USACE at the district, division, and headquarters levels and extensive Congressional experience
with USACE authorization and appropriations legislation and with Congressional authorizing and
appropriations committees’ Members and staffs. Barry has worked with USACE counsel at
headquarters on a variety of legal issues that impact these types of projects, and Frank also has
extensive experience working with USACE counsel.
Finally there is the added dimension of federal, state and local governmental authorities. Most of
our work involves intersts of government entities at all three levels. This particularly includes port
maintenance projects and almost every other environmental issue in which we are involved. Our
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experience and sensitivity to the varied interests of federal, state and local authorities gives us
additional insight that is often beneficial to the client.
Success
Past successes do not guarantee future ones. That said, the experience developed from past
successes is certainly helpful. Jim has worked extensively with a nationwide industry and labor
coalition to persuade the USACE and Congress for the past seven years to increase funding for
harbor maintenance from $787M in FY2008 to $1,112M in FY2015 (a 41% increase). As noted in
Example 1 above, he achieved similar success with Great Lakes-specific harbor maintenance
legislation and funding. Jim continues to work closely with the USACE on implementation of
WRRDA 2014 provisions. His work with the DCA also provided him with significant insight into
beach renourishment project authority and funding.
2. Familiarity with Broward County and Florida
Dan, Frank, and others in or Miami office, provide the team with local representation and an
intimate familiarity with Broward County. Jim’s 17 years with the USCG, including four in South
Florida, also gives him familiarity with the area.
3. Teamwork
K&L Gates is a highly integrated firm that routinely brings experience from both the local area and
from across the globe to bear to meet our clients’ needs. This provides both depth and breadth to
our capabilities and client services. These are not just words. We are very serious about
ensuring that the right expertise is brought to bear for a client when needed. That does not mean
that every team member is involved in every aspect of a project. The K&L Gates team has a
successful record of serving clients’ interests and achieving the best possible results. At K&L
Gates, we believe that our combination of familiarity with Broward County, the USACE, and the
industries that support the USACE; extensive experience working with the executive, legislative,
and judicial branches of the federal government; working with state and local governments, and
bipartisan coverage of the political spectrum make us the best choice to serve the needs of
Broward County.
13
Evaluation Criteria
LEGAL NAME OF THE FIRM
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.
K&L Gates is comprised of multiple affiliated entities: a limited liability partnership named K&L
Gates LLP qualified in Delaware (“K&L Gates US,” the “Firm,” or “we” or “us” as the context
requires) and maintaining offices in certain states throughout the United States, and in Beijing
(“K&L Gates LLP Beijing Representative Office”), Berlin, Doha, Dubai, Frankfurt, Shanghai (“K&L
Gates LLP Shanghai Representative Office”), and Singapore; a limited liability partnership (also
named “K&L Gates LLP”) incorporated in England and Wales and maintaining offices in London
and Paris; a multidisciplinary partnership under the laws of the Commonwealth of Australia (“K&L
Gates”) maintaining offices in Brisbane, Melbourne, Perth, and Sydney; a Delaware general
partnership (“K&L Gates Belgium”) maintaining an office in Brussels; a Hong Kong general
partnership (“K&L Gates, Solicitors”) maintaining an office in Hong Kong; a professional
association established and organized under the laws of Italy named Studio Legale Associato
with an office in Milan; a Delaware limited liability company (“K&L Gates Holdings LLC”)
maintaining an office in Moscow; a general partnership organized under the laws of Brazil named
“K&L Gates LLP – Consultores em Direito Entrangeiro/Direito Norte-Americano,” with an office in
São Paulo; a Taiwan general partnership (“K&L Gates”) maintaining an office in Taipei; a joint
enterprise formed in accordance with Japanese regulations (“K&L Gates Gaikokuho Joint
Enterprise”) maintaining an office in Tokyo; and a Polish limited partnership (“K&L Gates Jamka
sp.k”) maintaining an office in Warsaw.
The registered address for the limited liability partnership is 2711 Centerville Road, Suite 400,
Wilmington, Delaware 19808. This is the address of the firm’s registered agent, Corporation
Service Company.
K&L Gates LLP comprises more than 2,000 lawyers who practice in fully integrated offices
located on five continents.
Among those are offices in Washington, D.C., and Miami, Florida, located at:
1601 K Street, NW
Washington, DC 20006-1600
United States of America
P: +1.202.778.9000
F: +1.202.778.9100
Southeast Financial Center, Suite 3900
200 South Biscayne Boulevard
Miami, FL 33131-2399
United States of America
P: +1.305.539.3300
F: +1.305.358.7095
Federal Employment ID: 25-0921018
14
Key Personnel
James A. Sartucci - Authorized contact
Washington, D.C.
[email protected]
+1.202.778.9374
Fax +1.202.778.9100
Barry Hartman - Authorized contact
Washington, D.C.
[email protected]
+1.202.778.9338
Fax +1.202.778.9100
Daniel A. Casey - Authorized contact
Miami
[email protected]
+1.305.539.3324
Fax +1.305.358.7095
Cliff Rothenstein - Authorized contact
Washington, D.C.
[email protected]
+1.202.778.9381
Fax +1.202.778.9100
Frank L. Bigelis
Miami
[email protected]
+1.305.539.3320
Fax +1.305.358.7095
Bart Gordon
Washington, D.C.
[email protected]
+1.202.778.9073
Fax +1.202.778.9100
James T. Walsh
Washington, D.C.
[email protected]
+1.202.778.9321
Fax +1.202.778.9100
15
Attachment A: Representative Experience
in Key Subject Areas/Issues
Jim
Sartucci
Barry
Hartman
Seaport Issues/
Funding







Environmental/
Permitting







Everglades
Restoration/
Fla. Forever







Building Code/
Construction/
Permitting







Water and
Wastewater
Infrastructure
Projects







Local Government
Preemption







Economic
Development/
Int’l Trade







Unfunded
Mandates














Climate Impacts/
Policy







Air/Water Quality







Broward County
Congressional







Emergency
Management
Disaster Mitigation
Dan
Casey
16
Cliff
Rothenstein
Frank
Bigelis
Bart
Gordon
James
Walsh
Frank L. Bigelis
Of Counsel
Miami
T +1.305.539.3320
F +1.305.358.7095
[email protected]
OVERVIEW
Frank Bigelis focuses his practice on construction law and government contracts. He has
experience representing owners, developers, contractors, architects, and engineers on worldwide
projects with varied delivery methods, including design-build, EPC, CM at Risk, and the traditional
design-bid-build. Mr. Bigelis has extensive experience in drafting, risk management, and dispute
resolution under all standard forms of contract (AIA, DBIA, EJCDC, ACG, and FiDIC), as well as
customized contracts.
After contract, he has often worked with the client during the actual construction, providing realtime risk management advice and assistance, all towards an effort of completing a successful
project and aiding the client to be in the best possible position should a dispute arise.
Mr. Bigelis has prosecuted and defended disputed claims in a variety of forums, including
domestic and international arbitration, federal and state litigation, the Armed Services and Civilian
Boards of Contract Appeals, mediation, and dispute resolution boards.
Mr. Bigelis has also focused on construction claims in government contracts (and in areas
including services, supply, and intellectual property provisions), bid protests, and navigating the
Federal Acquisition Regulations, the Contract Disputes Act, the False Claims Act and FERA,
DCAA requirements, and other federal regulations. He has experience in negotiating,
contracting, and prosecuting claims with the USACE, the General Services Administration, and
other federal agencies.
PROFESSIONAL BACKGROUND
Prior to joining K&L Gates, Mr. Bigelis was a partner at an international law firm headquartered in
Atlanta. He has counseled and represented clients on construction projects in most industries,
including: power plants; hospitals; heavy and light rail; landfills; mixed-use developments; vertical
construction; casinos; industrial and chemical plants; water and wastewater; tunneling; mining;
highway; Native American projects; schools; and other infrastructure projects, such as the megaproject the “Big Dig”, representing the public owner defending over $200M in claims by the jointventure contractor.
Before law school, Mr. Bigelis worked for a nationally recognized consultant engineering and
construction management firm. During that time, he was responsible for the design and
construction of water treatment plants and water supply systems. As both a senior design
engineer and project/resident engineer on large construction projects around the country, his
17
responsibilities included coordination of the entire construction process from conceptualization
and design, through submittal coordination, construction, and final completion.
PRESENTATIONS
Concentrated Course on Construction Contracting, Federal Publications Seminars, Instructor
Public-Private Partnerships, Managing the Risks, The Seminar Group, Instructor
Protesting the Award, Federal and State Bid Protests, The Seminar Group, Instructor
Masters Institute on Construction Contracting, Federal Publications Seminars, Instructor
PUBLICATIONS
Aspen Construction Law Update (yearly) Government Contracting Chapter, Author (2004-2013)
PROFESSIONAL/CIVIC ACTIVITIES
Atlanta Bar Association, Construction Law Section, Editor of Construction Newsletter (2009-2010,
2012-2013)
Atlanta Bar Association, Construction Law Section, Board of Directors, Member
Concentrated Course on Construction Contracting, Federal Publications Seminars, Instructor
Design-Build Institute of America (DBIA), Southeast, Board of Directors, Member
Masters Institute on Construction Contracting, Federal Publications Seminars, Instructor
Aspen Construction Law Update (yearly) Government Contracts Chapter, Author (2004-2013)
International Bar Association, Member.
ADMISSIONS
Georgia
U.S. Court of Federal Claims
U.S. District Court for the Northern District of Georgia
EDUCATION
J.D., Tulane University, 2003 (cum laude)
B.S., New Jersey Institute of Technology, 1994 (Civil Engineering; Tau Beta Pi)
ACHIEVEMENTS
Named a Georgia “Rising Star” for Construction Litigation by Super Lawyers magazine over
multiple years
Earned a “Certificate of Specialization in Environmental Law” while in law school
18
LANGUAGES
French
REPRESENTATIVE WORK
Representing public owner on the largest infrastructure project in the history of the United States.
Defense against claims by joint venture contractor in excess of $200M. Over 100 days of a
hybrid Dispute Resolution Board (“DRB”) and arbitration proceedings. Prosecution and defense
of over 20 actions in Superior Court and resultant appeals before the Massachusetts Court of
Appeals and the Supreme Judicial Court. Vacatur of approximately $100M in arbitration awards
and replacement with Project Director Decisions denying entitlement to contractor.
Represented owner/developer defending claims by contractor on construction of high-rise luxury
condominium development in Las Vegas, Nevada. After multiple weeks of arbitration
proceedings, achieved amicable settlement between parties.
Advised international contractor in preparing EPC Agreements for construction of a “NowGen”
Integrated Gasification Combined Cycle (IGCC) facility that will incorporate carbon capture,
utilization and storage (CCUS) technology in a first-of-its-kind commercial clean coal power plant,
including compliance with Department of Energy regulations on federally funded clean energy
project.
Represented design-builder on over multi-hundred million-dollar plan to cap and develop landfills
in the Meadowlands, Rutherford, New Jersey. Dispute involved representation in two separate
arbitrations, as well as parallel litigation in State Superior Court, Bankruptcy Court, and Federal
Courts in New Jersey and Southern District of New York. Achieved favorable result from the
State and surety/insurers.
Acted as Project Counsel to contractor from contract award though final completion on $500M
new children’s hospital. Services included meeting with project team quarterly and monthly
updates, advising on potential risks, and assisting to mitigate them.
Represented joint venture on claims arising out of the construction of performing arts center in
Miami, Florida.
Represented contractor in multi-week arbitration against owner and mechanical subcontractor on
the construction of new student recreation center at University of Nevada, Las Vegas. Achieved
favorable result, including award of costs and fees.
Represented contractor in disputes arising from green field construction of new hospital in St.
Helena, California.
Represented joint venture prosecuting claims against the General Services Administration during
construction of new Federal Courthouse in Fresno, California. Also, defense against
subcontractor claims, Miller Act proceedings in Federal Court, and multi-party mediation.
Represented contractor against claims by mechanical subcontractor on new hospital in Las
Vegas, Nevada.
Represented international design-build-operate-maintain contractor on heavy rail construction in
San Juan, Puerto Rico. Disputes included with public owner and with numerous subcontractors
involved in construction.
19
Represented joint venture for claims against the USACE for construction of Bureau of Indian
Affairs School in Fort Wingate, New Mexico.
Acted on behalf of intervenor contractor during bid protests to the U.S. Government
Accountability Office for the construction of levee system in Southern Louisiana, overseen by the
USACE.
Represented joint venture on claims arising out of the construction of performing arts center in
Miami, Florida.
Represented public owner on claims related to construction of combined sewer overflow tunnel in
Narragansett, Rhode Island.
Represented international contractor on construction of coal-fired power plant in Seward,
Pennsylvania.
20
Daniel A. Casey
Administrative Partner
Miami
T 305.539.3324
F 305.358.7095
[email protected]
OVERVIEW
Dan Casey is a trial lawyer who has tried well over 100 trials in the state and federal courts of
Florida, both as a former prosecutor and as a Litigation Partner with K&L Gates. Mr. Casey helps
his clients solve their most difficult business disputes. He represents a wide variety of business
clients in an equally wide variety of complex commercial areas. For example, he has represented
some of America’s largest manufacturing companies and financial institutions in their class action
litigation throughout Florida, he advises companies and their officers and directors in company
investigations and in corporate governance disputes, he represents businesses in disputes with
their insurance carriers, and he has represented manufacturers and distributors in hundreds of
toxic tort and products liability cases. Mr. Casey also has represented many dozens of
dependent children pro bono in Juvenile Court in efforts to free them for adoption. Mr. Casey has
appeared in state and federal courts throughout Florida and in over a dozen other states.
Mr. Casey currently serves as the Administrative Partner of the firm’s Miami Office and sits on the
firm’s Management Committee. He holds an AV rating from Martindale-Hubbell and is a frequent
speaker and author on the topics of litigation strategy, non-profit governance, insurance coverage
for business liabilities, and the proper treatment of children as victims and witnesses in court
proceedings.
PROFESSIONAL BACKGROUND
Before joining K&L Gates in 1986, Mr. Casey served as an Assistant State Attorney in MiamiDade County, Florida, prosecuting and supervising a wide range of capital cases and other
serious criminal offenses under then-State Attorney Janet Reno, including service as Chief of the
Narcotics Division and Chief of the Robbery Division.
Mr. Casey also has served as an Adjunct Professor in the legal clinical program at the Shepard
Broad Law Center of Nova Southeastern University.
While in law school, Mr. Casey served as an Editor on the American Criminal Law Review, a
publication of the Criminal Law Section of the American Bar Association.
PROFESSIONAL/CIVIC ACTIVITIES
YMCA of the USA - Chair of the National Board
America's Promise Alliance - National Board
Alpha Sigma Nu - National Jesuit Honorary Society
21
Georgetown University - Law Alumni Board
Dade County Bar Association - Board of Directors
Broward Outreach Center - Advisory Board
Chaminade-Madonna - Board of Trustees
Dade County Guardian Ad Litem – Pro Bono Attorney
YMCA of Broward County - Board Chair
Greater Hollywood Chamber of Commerce - President
Leadership Hollywood – Chair
Put Something Back - Pro Bono Attorney
YMCA of Greater Hollywood – Board Chair
The Florida Bar Foundation – Fellow
The United States Supreme Court Historical Society
ADMISSIONS
Florida
U.S. Court of Appeals for the 11th Circuit
U.S. District Court for the Southern District of Florida
U.S. District Court for the Middle District of Florida
U.S. District Court for the Northern District of Florida
EDUCATION
J.D., Georgetown University Law Center, 1981 (with Honors)
B.S., Wheeling Jesuit College, 1978 (Summa Cum Laude)
REPRESENTATIVE EXPERIENCE
Obtained a dismissal of all claims against a Fortune 50 financial services company in a consumer
class action seeking a multimillion-dollar rebate for improper sales tax withholding.
Represented a large retail entity against allegations that it participated in what was alleged to be
the largest Ponzi scheme in the history of Florida, obtaining a settlement of less than 1% of the
amount claimed.
Obtained dismissals on the merits of over 1,200 individual cases alleging toxic tort claims against
two industrial products manufacturing entities.
Represented a large investment advisor against class claims of fraud and conspiracy on a
statewide basis, obtaining a dismissal of all claims and a sanctions award against the plaintiff
requiring reimbursement of defense attorneys’ fees.
22
Obtained full defense and indemnification under a directors and officers insurance policy for the
defense of a national class action lawsuit bringing claims for fraud and securities violations
against the officers and directors of a household goods company.
Obtained a directed verdict at trial on behalf of a petroleum distribution company in a case
alleging environmental contamination from leaking underground pipelines.
Represented a large waste disposal facility in claims against its property insurance carrier and
obtained full indemnification for the property loss, a waiver of the deductibles, and a complete
reimbursement of the attorney fees incurred in pursuing the insurance claim.
Obtained a dismissal of a national products liability class action against a Fortune 500
pharmaceutical company.
Obtained a substantial jury verdict in favor of a defrauded purchaser of real estate on claims of
fraud and breach of duty against his real estate broker.
Represented a developer against its liability insurance carriers and obtained full coverage and
defense against claims of environmental contamination.
Obtained a dismissal of a national consumer class action against a distributor of information
technology products.
Brought arbitration claims on behalf of the principal of a closely held construction company
against the other principal, permitting a generational change in management.
Represented a member of the Board of Directors of a large community nonprofit entity, obtaining
a judicial declaration that he was lawfully elected to his position as director, prompting a change
in the professional management of the entity.
Obtained a dismissal of a national consumer class action alleging improper pricing against a
professional services company.
Obtained dismissals on the merits of several dozen toxic tort claims against a Fortune 100
chemical products manufacturer.
23
Bart Gordon
Partner
Washington, D.C.
T 202.778.9073
F 202.778.9100
[email protected]
OVERVIEW
Mr. Gordon joined K&L Gates as partner in the Washington, D.C. office after 26 years
representing the state of Tennessee in the U.S. House of Representatives. Mr. Gordon served
as Chairman of the House Committee on Science and Technology from 2007 to 2010. Mr.
Gordon was also a senior member of the House Committee on Energy and Commerce and
served on the House Committee on Financial Services, the House Committee on Rules,
Transatlantic Parliamentary Dialogue, and NATO Parliamentary Assembly.
Mr. Gordon is a member of the Tennessee bar and the District of Columbia bar.
PROFESSIONAL BACKGROUND
During his distinguished congressional career, Mr. Gordon developed a reputation as the
undisputed bipartisan leader in innovation policy in the Congress. During his chairmanship, the
committee passed 151 bills and resolutions and all were bipartisan. In 2007, he championed the
America COMPETES Act, signed into law by President Bush, which promotes federal
investments in innovation in order to make the United States more competitive. In 2010, as
Chairman of the Science and Technology Committee, he engineered the passage of the America
COMPETES Reauthorization Act. Signed by President Obama, the act renewed the federal
commitment to R&D and education, adding new provisions, such as support for prize
competitions.
Mr. Gordon played a key role in developing and passing the 21st Century Nanotechnology
Research and Development Act, which encouraged the federal government to promote the
transfer of nanotechnology breakthroughs from laboratories to commercial products. He also
promoted legislation that would implement a research program focusing on the environmental,
health, and safety aspects of nanotechnology.
Throughout his political career, Mr. Gordon led the debate on a wide range of technology issues
and formulated legislative initiatives on a number of other subjects, including health information
technology, nuclear power, rare earth minerals, and synthetic biotechnology. Additionally, he led
the effort to enact the Energy Independence and Security Act of 2007, which increased mileage
standards, improved vehicle technology, promoted alternative energy research, and improved
energy efficiency in a variety of ways. Mr. Gordon was also a leading proponent of America’s
space program and of improving the nation’s performance in science, technology, engineering,
and math (STEM) education. He is also a “Distinguished Fellow” on the Council on Competence
and appointed by President Obama to the Blue Ribbon Panel of the Antarctica and Southern
Oceans. He is a member of the Brookings Leadership Advisory Board and is a project member
24
for the American Academy of Arts and Sciences’ New Models for U.S. Science and Technology
Policy. He is a Board Member of the U.S. Association of Former Members of Congress and the
Middle Tennessee State University Foundation, and he is on the Board of Counselors for the
Center for the Study of the Presidency and Congress.
In 2012, Gordon received the Insignia of Officier de la Légion d’Honneur, the highest decoration
that the Republic of France can confer on an individual. In 2012, Gordon also received an
honorary Ph.D. from Rensselaer Polytechnic Institute and, in May of 2013, he received an
honorary doctorate from his alma mater, Middle Tennessee State University.
Active in Democratic politics early on, Gordon served as executive director of the Tennessee
Democratic Party in 1979 and state party chairman from 1981 to 1983.
Prior to his public service, Mr. Gordon was a lawyer in private practice. He served in the U.S.
Army Reserve from 1971 to 1972.
ADMISSIONS
District of Columbia
Tennessee
EDUCATION
J.D., University of Tennessee, 1973
B.A., Middle Tennessee State University, 1971 (with honors)
25
Barry M. Hartman
Partner
Washington
T 202.778.9338
F 202.778.9100
[email protected]
OVERVIEW
Mr. Hartman represents companies and individuals in criminal and civil investigations, trials, and
appeals, primarily involving complex federal regulatory programs, with an emphasis on
environmental matters. He also conducts independent internal investigations, counsels clients
regarding corporate compliance programs and homeland security matters, and represents clients
in Congressional investigations regarding lobbying, ethics, and related issues. Mr. Hartman has
handled over 60 appeals in federal and state courts around the nation. Some of his more
significant matters include:
American Vanguard Corporation v. Jackson, 803 F. Supp. 2d 8 (D.D.C. 2011). Representing
pesticide manufacturer in first appellate challenge to unprecedented EPA action attempting to use
a unilateral "stop sale" order as a means of effectively suspending an approved registration to sell
an approved pesticide, without providing prior notice and opportunity to respond as required by
the Federal Insecticide, Fungicide, and Rodenticide Act, the Administrative Procedure Act, and
the Due Process Clause of the Fifth Amendment.
In re Aiken County, Ferguson, et al. v. Barack Obama, et al., 645 F.3d 428 (D.C. Cir. 2011).
Representing businessmen challenging decision by President to abandon development of Yucca
Mountain as a permanent repository for high-level nuclear waste, in violation of the Nuclear
Waste Policy Act, National Environmental Policy Act, and Administrative Procedures Act. Slip
Op., July 1, 2011.
United States v. Mark David Radley (No. 09-20699) (5th Cir.). Represented individual in
defendant matter alleging conspiracy, wire fraud, manipulation, and attempted manipulation
under the Commodity Futures Trading Act and Title 18. (Indictment dismissed; dismissal affirmed
on appeal, Jan. 27, 2010.)
Lake Carriers Association v. EPA, 652 F.3d 1 (D.C. Cir. 2011) Representing domestic maritime
industry in challenge to Clean Water Act Vessel General Permit program. Oral argument held
May 9, 2011.
Canal Barge Co., Inc. v. United States, No. 10-1410 (S.Ct.) Filed amicus curiae brief in support of
petition for certiorari on the issue of whether venue provision in Article III can be determined
based on the location of a vessel, regardless of where the conduct giving rise to the criminal
charges occurred.
United States v. John Cota (No. CR-08-0160) (N.D. Ca.). Represented pilot of Cosco Busan in
criminal proceeding arising from Cosco Busan spill in San Francisco Bay.
26
Bates Drug Stores, Inc. v. Holder et al., No. CV 11-167 (E.D. Wa.). Representing pharmacy in
successfully obtaining injunctive relief against enforcement of Drug Enforcement Administration
Immediate Suspension Order under the Controlled Substances Act, 21 U.S.C. 834(d).
PROFESSIONAL BACKGROUND
Prior to joining K&L Gates in 1992, Mr. Hartman served in a number of positions in the DOJ,
including Acting Assistant Attorney General for the Environment and Natural Resource Division
(1991-92), Deputy Assistant Attorney General (1989-91), and Deputy Assistant to the Attorney
General (1989). As Acting Assistant Attorney General, Mr. Hartman was responsible for
overseeing U.S. government litigation under federal environmental, natural resource, energy, and
related laws, including the civil and criminal prosecutions arising from the Exxon Valdez oil spill.
He also represented President George H.W. Bush in a challenge to the President’s authority to
conduct negotiations for the North American Free Trade Agreement under NEPA. Mr. Hartman
was responsible for directing a wide variety of other environmental litigation, including the
defense of regulations issued by federal agencies such as the EPA and the Department of
Interior, Fifth Amendment “takings” cases, mineral leasing royalty claims, Endangered Species
Act matters, and was responsible for 11 cases in the U.S. Supreme Court. He also served on
several senior-level administration policy groups, including the Domestic Policy Council Wetlands
Task Force and the Department of Energy Environmental Restoration Interagency Review Group.
Mr. Hartman has testified before Congressional committees regarding the 1990 Clean Air Act
Amendments and, most recently, proposed changes to the Oil Pollution Act. Mr. Hartman was a
member of the Attorney General’s Judicial Selection Committee. In 1992, he received the
Edmund J. Randolph Award for outstanding service.
Mr. Hartman served in state government as Chief Counsel to the Pennsylvania Department of
Labor and Industry and Deputy General Counsel to the Governor of Pennsylvania.
He was the Editor-in-Chief of The EPA Enforcement Manual (Thompson Publishing Company)
and has published and lectured for numerous organizations, including the National Legal Center
for the Public Interest, the Washington Legal Foundation, Corporate Legal Times, the National
Law Journal, the Environmental Law Institute, and the American Bar Association. He has also
been interviewed by CBS Evening News, Frontline, Fox News, PBS Nightly Business Report, and
The Wall Street Journal. He currently serves on the Editorial Advisory Board for Environmental
Law 360.
PROFESSIONAL/CIVIC ACTIVITIES
Environmental Law Institute
American Bar Association
ADMISSIONS
District of Columbia
Pennsylvania
U.S. Supreme Court
27
U.S. Court of Appeals Second Circuit
U.S. Court of Appeals Sixth Circuit
U.S. Court of Appeals D.C. Circuit
U.S. Court of Federal Claims
U.S. District Court for the District of Columbia
U.S. District Court for the Eastern District of Washington
U.S. District Court for the Eastern District of Pennsylvania
U.S. District Court for the Middle District of Pennsylvania
U.S. District Court for the Southern District of Indiana
EDUCATION
J.D., George Washington University Law School (1979)
B.A., University of Pennsylvania (1976)
28
Cliff L. Rothenstein
Government Affairs Advisor
Washington, D.C.
T 202.778.9381
F 202.778.9100
[email protected]
OVERVIEW
Cliff Rothenstein served for 20 years at the EPA, including as the Deputy Assistant Administrator,
and for almost a decade on the Senate Environment and Public Works Committee. He has
worked on a variety of issues at the intersection of environmental, energy, and transportation
policy and regulation, including issues related to the Clean and Safe Drinking Water Acts, the
Water Resources Development Act, and the Clean Air and Resource Conservation and Recovery
Acts, all of which may impact the future of shale gas development. He has represented clients on
various environmental, regulatory and NEPA permitting issues before the EPA and the USACE
and has advanced clients’ objectives through agency rulemakings and various legislative
vehicles. He has worked closely with senior officials at the EPA, USACE, and White House
Council on Environmental Quality and key congressional committees, overseeing energy,
environment, and infrastructure projects, including the Senate Environment and Public Works,
House Energy and Commerce, and Transportation and Infrastructure committees.
PROFESSIONAL BACKGROUND
Mr. Rothenstein has more than 30 years of congressional and federal executive experience. Mr.
Rothenstein served as a professional staff member for almost a decade on the Senate
Environment and Public Works Committee under Senator Max Baucus (D-MT). While with the
committee, he advised members on virtually all environmental matters, including Superfund
reauthorization, brownfields, and the Clean Air Act.
After that experience, Mr. Rothenstein worked at the EPA as the Deputy Assistant Administrator
for Solid Waste and Hazardous Response, the top administration official for brownfields, recycling
and Superfund efforts. Mr. Rothenstein also served as the EPA’s director of the Office of
Underground Storage Tanks. While with the EPA, he led the agency’s Superfund reauthorization
efforts, which resulted in the enactment of the Small Business Liability Relief and Brownfields
Revitalization Act and the Superfund Recycling Act. He also successfully implemented key
provisions of the Energy Policy Act of 2005, regulating gas stations and underground storage
tanks.
Before joining K&L Gates, Mr. Rothenstein served most recently as the director of the Office of
Legislative Affairs and Policy Communications at the Federal Highway Administration, where he
served as the primary point of contact with Congress on the surface transportation reauthorization
and other legislative and policy matters.
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EDUCATION
M.P.A., University of Washington, 1978
B.A., University of California, 1976
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James A. Sartucci
Government Affairs Counselor
Washington, D.C.
T 202.778.9374
F 202.778.9100
[email protected]
OVERVIEW
Mr. Sartucci, a government affairs counselor in K&L Gates’ Washington, D.C. office, has over 13
years of practical experience on Capitol Hill working inside the legislative process on issues
including maritime, USCG, homeland security, transportation, oceans, fisheries, and science
programs and policy.
Prior to joining K&L Gates, Mr. Sartucci spent nine years working for Senator Trent Lott (R-MS),
where he served as Legislative Director. He has considerable experience in the areas of tax,
land and water infrastructure, appropriations, disaster, offshore energy, environmental, and
telecommunications policy. Mr. Sartucci's experience includes involvement in the enactment of
the National Defense Authorization Act for Fiscal Years 2000 and 2004-2007 (maritime title),
SAFE Port Act of 2006, Post-Katrina Emergency Management Reform Act of 2006, MagnusonStevens Fishery Conservation and Management Reauthorization Act of 2006, Gulf of Mexico
Energy Security Act of 2006, Energy Policy Act of 2005, NASA Authorization Act of 2005, Coast
Guard and Maritime Transportation Security Acts of 2004 and 2006, JOBS Act of 2004, Maritime
Transportation Security Act of 2002, Pipeline Safety Improvement Act of 2002, National
Homeland Security and Combating Terrorism Act of 2002, Aviation and Transportation Security
Act of 2001, Air Transportation Safety and Stabilization Act of 2001, Electronic Signatures in
Global and National Commerce Act, Aviation Investment and Reform Act for the 21st Century,
and the Satellite Home Viewer Improvements Act of 1999.
Mr. Sartucci also served as a Professional Staff Member and Coast Guard Fellow on the U.S.
Senate Committee on Commerce, Science and Transportation, where he was involved in
merchant marine and maritime issues and legislation and supported USCG, oceans, and fisheries
legislation. During this time, he was involved in the enactment of the Ocean Shipping Reform Act
of 1998, Coast Guard Authorization Acts of 1998 and 1996, Maritime Security Act of 1996, the
Sustainable Fisheries Act of 1996, and the National Invasive Species Act.
Prior to his work with the U.S. Senate, Mr. Sartucci spent 17 years as a commissioned officer in
the USCG, holding a variety of operational and staff assignments during that time, including six
years of sea duty.
PROFESSIONAL BACKGROUND
Assistant Scoutmaster, Boy Scouts of America Troop 773, Potomac, MD
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PRESENTATIONS
Panel moderator, “Vessel Design,” Regulation, Policy and Technology: Next Steps, sponsored by
LNG as Fuel, January 29, 2014
“Navigating Waterways Policy in the 113th Congress,” 2013 Legislative Summit, March 13, 2013
“2012 Election Analysis,” National Waterways Conference monthly meeting, Washington, D.C.,
November 15, 2012
EDUCATION
M.P.A., George Washington University, 1994
B.S., United States Coast Guard Academy, 1980
REPRESENTATIVE WORK
Maritime
Assisted offshore supply vessel operators in enacting changes in law and USCG regulations and
policy concerning limits on the size and operations of offshore supply vessels and their crews.
Assisted a maritime trade association enact legislation to require that the full amount of Harbor
Maintenance Trust Fund revenues be spent each year for currently authorized purposes and that
the Great Lakes navigation projects be considered as an interdependent system.
Assisted a major cruise line on compliance and enforcement of coastwise passenger trade laws
and regulations.
Counseled a major tanker operator regarding litigation and legislation concerning limits on foreign
rebuilding of coastwise trade eligible vessels.
Assisting a major tanker operator with tax legislation to support increased investment in U.S. flag
vessels.
Assisting a major tanker operator with expediting the processing of federal loan guarantee
applications.
Assisted a major port authority through the Federal NEPA process and bridge permitting process.
Assisted towing vessel operators with Mississippi River and Water Resources Development Act
legislation.
Advised maritime terminal operator regarding federal navigation channel maintenance concern.
Counseled a commercial marine supplier regarding a USCG marine casualty investigation.
Assisted a maritime pilot association with amending vessel speed regulations to address
navigation safety concerns.
Assisting an LNG export project with LNG export policy legislation and federal navigation channel
maintenance concerns.
Assisting a group of potential responsible parties with a federal navigation channel dredging
responsibility concern.
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Assisted state maritime academies with USCG mariner training requirements.
Assisted a vessel operators obtain a correction of a vessel construction date.
Transportation
Assisting commercial aviation transportation companies obtain Department of Transportation
enforcement of U.S. ownership and control requirements.
Assisting a transit benefit service company with ensuring federal agency compliance with tax laws
and regulations.
Assisted an Alaska Native Corporation with obtaining ferry service for its region.
Assisted a Class I railroad with a border security issue.
Oceans and Fisheries
Representing a major environmental organization on efforts to improve fisheries management
and conservation provisions, including specifically the implementation of catch share programs.
Assisting environmental and commercial fishing interests in defeating legislative initiatives in
appropriations and authorizing bills that could result in overfishing or overcapitalizing in U.S.
fisheries.
Providing policy and political advice to fishermen and environmental organizations regarding
fisheries management and conservation measures, including specifically measures contained in
the Magnuson-Stevens Fishery Conservation and Management Act.
Assisting an Alaska native corporation comment on proposed critical habitat designation for an
endangered species.
Advised nongovernmental organizations on oceans policy activities and federal election outcome
impacts.
Defense and Homeland Security
Counseled a U.S. river terminal operator on the process for obtaining a security requirements
waiver regarding the handling of certain cargoes.
Counseled a U.S. terminal operator on USCG facility security requirements.
Counseled a lifesaving equipment component manufacturer regarding USCG certification
requirements.
Counseled a commercial shipyard regarding USCG acquisition and cutter repair programs.
Counseling commercial clients regarding USCG ballast water treatment regulations and policies.
Federal Funding
Assisted a maritime trade association win a House of Representatives floor vote approving an
amendment to fully fund the authorized Harbor Maintenance Trust Fund spending level.
Assisted a maritime trade association obtain increased harbor maintenance funding for Great
Lakes navigation projects from the U.S. Army Corps of Engineers.
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Represented a biomedical company in seeking federal funding for infectious disease diagnostic
tools.
Represented a government contractor in seeking federal funding for a biological agent detection
system.
Assisting an Alaska Native Corporation increase funding for Alaska Native wildlife habitat
enhancement projects.
Assisted a commercial entity with federal business development regarding data center cooling
systems.
Assisting an Ivy League university seeking federal funding for an infrastructure project.
Assisted a property owner expedite FEMA payments for natural disaster damage.
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James T. Walsh
Government Affairs Counselor
Washington, D.C.
T 202.778.9321
F 202.778.9100
[email protected]
OVERVIEW
Mr. Walsh is a government affairs counselor in the firm’s Washington, D.C. office. He was
elected to the U.S. House of Representatives, where he served from 1989 to 2009. During his
tenure in Congress, Mr. Walsh served as a deputy Republican whip from 1994 to 2006. He was
appointed as a member of the powerful House Appropriations Committee, where he served from
1993 to 2009. During that time, he became Chairman of four House Appropriations
subcommittees: District of Columbia; Legislative Branch; VA, HUD and Independent Agencies
(NASA, EPA, FEMA, NSF, Selective Service); and Military Quality of Life (included jurisdiction for
Military Base Construction, the Defense Health Program, and Housing Accounts) and Veterans
Affairs. He also served as ranking Republican member of the Labor, Health and Human Services
Subcommittee on Appropriations. Earlier in his career in Congress, Mr. Walsh served on the
House Agriculture Committee, the Select Committee on Children, Youth and Families, and on the
House Administration Committee.
PROFESSIONAL BACKGROUND
Mr. Walsh served as a Peace Corps volunteer in Nepal from 1970 to 1972 as an agriculture
extension agent in the Bara province. His work involved introducing Green Revolution varieties of
wheat, corn, and rice into local subsistence agriculture. Mr. Walsh traveled extensively in the
Indian subcontinent and returned to India for official government business as a Member of the
U.S. House of Representatives.
Upon his return to the United States, he worked as a social worker doing casework in Central
New York State. Subsequently, he joined the New York Telephone Company/Verizon in
Syracuse, New York, where he served in a number of capacities, primarily in marketing, until
1988.
His political career began when he was elected to the Syracuse Common Council, where he
served as Third District Councilman and was subsequently elected to the position of Common
Council President, where he served until his election to Congress.
Prior to his election, Mr. Walsh served as Director/Executive in Residence at SUNY Institute of
Technology, Telecommunications Institute, Marcy, New York, from 1986 to 1988. His
responsibilities included helping to establish a telecommunications degree program and
developing an institute to enhance the student experience utilizing private sector contributions of
equipment and other resources. He also worked very closely with the private sector in order to
place telecommunications degree graduates.
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PROFESSIONAL/CIVIC ACTIVITIES
Washington Ireland Program, Member, Board of Directors
Co-operation Ireland, Member, Board of Directors
Onondaga Environmental Institute, Member, Board of Directors
U.S. Soccer Foundation, Member, Board of Directors
U.S. Association of Former Members of Congress, Board Member, Treasurer
Finger Lakes Land Trust, Member, Advisory Board
Association of Government Relations Professionals, Board Member
EDUCATION
B.A., Saint Bonaventure University, 1970
ACHIEVEMENTS
Named one of the 2013 Top Lobbyists by the political publication The Hill
John Philip Sousa Distinguished Service Award, Association for the Preservation of Historic
Congressional Cemetery, Washington, D.C., 2007
Exemplary Legislator Award, National Alliance on Mental Illness - Veterans Council, Washington,
D.C., 2006
Legislator of the Year, Congressional Fire Services Institute, Washington, D.C., 2004
Ellis Island Medal of Honor, National Ethnic Coalition of Organizations, New York, New York,
2002
Distinguished Service Award, The American Ireland Fund, Washington, D.C., 2001
Capital Award, National Council of La Raza, Washington, D.C., 2001
Affordable Housing Champion, National Council of State Housing Agencies, Washington, D.C.,
2000
Flax Trust Award, Flax Trust, Belfast, Northern Ireland, 1997
Co-Founder and Co-Chair, Congressional Hearing Health Caucus
LANGUAGES
Nepali
MAJOR LEGISLATION
Author:
Erie Canal National Heritage Corridor Designation
Universal Infant Hearing Screening Act
Annual Appropriations Bills, 1995-2006
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District of Columbia, 1995-1996
Legislative Branch, 1997-1998
VA/HUD and Independent Agencies, 1999-2004
Military Quality of Life and Veterans Affairs, 2005-2006
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Attachment B: Representative Clients
Representative K&L Gates Clients
John Hancock Financial Services, Inc.
Laing O'Rourke Plc
Lake Carriers Association
Los Angeles Metropolitan Transit Authority
Man Investments, Inc.
Massachusetts Maritime Academy
Merrill Lynch & Co., Inc.
Microsoft Corporation
Philips Electronics North America Corporation
Pierce County, Washington
Port Authority of New York and New Jersey
PPG Industries, Inc.
PPL Corporation
Sprint Nextel Corporation
Starbucks Corporation
T-Mobile USA, Inc.
Tri-City Development Council (TRIDEC)
UBS Financial Services Inc.
United Technologies Corporation
Viacom Inc.
Water Replenishment District of Southern
California
Wells Fargo
Wm. Wrigley Jr. Company
World Wrestling Entertainment, Inc.
Xerox
Alcoa Inc.
Allegheny Technologies Incorporated
American Commercial Lines, Inc.
Archer Daniels Midland Company
Bank of America Corporation
Baxter International Inc.
Brightstar Corp.
Carnegie Mellon University
CBS Corporation
City of Detroit, Michigan
Columbia University
Crane Co.
Duke Energy Corporation
E. I. du Pont de Nemours and Company
Eaton Vance Corp.
Education Management Corporation
Ericsson Inc.
Flow International Corporation
Freeport McMoran Copper & Gold
FUJIFILM America, Inc.
The Goldman Sachs Group, Inc.
Greater Spokane Incorporated (GSI)
Halliburton Company
Henderson Global Investors
Honeywell International Inc.
Ingersoll Rand
K&L Gates also represents dozens of cities, counties and municipalities throughout the U.S.
References can be provided upon request.
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For more information, please contact the lawyers included
in this proposal, or visit www.klgates.com.
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Harrisburg Hong Kong Houston London Los Angeles Melbourne Miami Milan Moscow Newark New York Orange County Palo Alto
Paris Perth
Pittsburgh Portland Raleigh Research Triangle Park San Francisco São Paulo Seattle Seoul Shanghai Singapore Spokane
Sydney Taipei Tokyo Warsaw Washington, D.C. Wilmington
K&L Gates comprises more than 2,000 lawyers globally who practice in fully integrated offices located on
five continents. The firm represents leading multinational corporations, growth and middle-market
companies, capital markets participants and entrepreneurs in every major industry group as well as public
sector entities, educational institutions, philanthropic organizations and individuals. For more information
about K&L Gates or its locations, practices and registrations, visit www.klgates.com.
This publication is for informational purposes and does not contain or convey legal advice. The
information herein should not be used or relied upon in regard to any particular facts or circumstances
without first consulting a lawyer.
©2015 K&L Gates LLP. All Rights Reserved.
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