Eric Gotting serves as a partner in the firm's litigation and environmental practice groups specializing in complex civil and appellate matters, with a focus on toxic tort, environmental, food/tobacco, and corporate litigation, as well as internal investigations and regulatory compliance.
Litigation and Regulatory Compliance Experience
Mr. Gotting has handled cases across the country, having tried matters to verdict and argued appeals before federal and state appellate courts. His experience includes class actions, mass tort litigation, and administrative agency proceedings. Between 1999-2004, Mr. Gotting took leave from private practice and served as a trial attorney with the U.S. Department of Justice's Civil Division, Environmental Torts Section, where he defended the federal government in multimillion dollar toxic tort cases filed under the Federal Tort Claims Act.
Mr. Gotting has extensive experience litigating toxic tort cases involving claims of personal injuries and property damage from alleged exposures to materials such as volatile and semi-volatile compounds, specialty chemicals, pesticides, gasoline, radioactive waste, and heavy metals. He defends claims involving the entire range of environmental media, including drinking water, soil, groundwater, and air contamination. He has worked with, and defended against, experts in numerous scientific and business-related fields, including toxicology, geochemistry, hydrogeology, structural engineering, neuropsychology, health physics, survey techniques, statistics, real estate appraisal, and environmental remediation.
Mr. Gotting also has litigated cases before courts and administrative agencies, including suits filed under CERCLA, the Clean Air Act, chemical control laws, hazardous waste regulations, occupational safety and health laws, pipeline safety regulations, and food/tobacco laws. His litigation and counseling experience also includes various constitutional and administrative law issues often raised by the regulation of manufacturers, including the Commerce Clause, the Due Process and Equal Protection Clauses, the First Amendment, federal preemption, the Administrative Procedure Act, and the Freedom of Information Act. As part of recent efforts by Congress to reform the Toxic Substances Control Act, Mr. Gotting provided clients with extensive advice regarding preemption issues and co-authored two American Bar Association “white papers” on federal/state relations.
In addition, he has conducted extensive internal corporate investigations regarding potential compliance and litigation-related liabilities, including tort, contract, and regulatory issues, as well as counseled chemical companies, product manufacturers, and utilities in various regulatory matters, including Superfund cost-recovery actions, insurance coverage disputes, and regulatory compliance under the Resource Conservation and Recovery Act, Clean Air Act, Clean Water Act, Toxic Substances Control Act, Federal Insecticide, Fungicide and Rodenticide Act, Food, Drug, and Cosmetic Act, Occupational Safety and Health Act, and the Chemical Weapons Convention.
Recently, Mr. Gotting has advised clients on several emerging issues, including electronic cigarettes, nanotechnology, hydraulic fracturing, the Securities and Exchange Commission's conflict minerals reporting rule, Green Chemistry laws, TSCA reform initiatives, the Globally Harmonized System amendment to OSHA's HazCom Standard, and coal ash.
Mr. Gotting also has counseled clients in a wide range of corporate litigation matters, including product liability, commercial contract disputes, trade secret misappropriation, consumer fraud, corporate and securities fraud, and government investigations and enforcement matters.
Mr. Gotting currently serves on the firm's Marketing Committee and Pro Bono Committee. He also served on the King Farm Citizen Assembly's External Affairs Committee in 2005-09. He has provided various pro bono legal services throughout his career, working with groups such as the Legal Counsel for the Elderly and serving as an appointed attorney in federal habeas cases.
•Co-author, Green Chemistry Alternatives Assessments and Their Potential Impact on Product Liability Litigation, ABA, Toxic Torts and Environmental Law Committee Newsletter (Spring 2013).
•Co-author, FOIA: Court Ruling Requires Faster Substantive Agency Responses and Allows Court Intervention Earlier if Necessary, K&H Client Advisory (April 2013).
•Co-author, Green Chemistry Update: Maine Releases BPA Alternatives Assessment Report, K&H Client Advisory (January 2013).
•Co-author, Kiobel and The Future of Environmental and Product Liability Litigation Under the Alien Tort Statute, Law Journal Newsletters, Product Liability Law & Strategy (December 2012).
•Co-author, Green Chemistry's Call for Alternative Assessments and the Impact on Product Liability, ABA, Pesticides, Chemical Regulation, and Right-to-Know Committee Newsletter (November 2012).
•Co-author, NRDC Sues EPA Over Conditional Pesticide Registration In First Nanotechnology-Related Environmental Challenge, ABA, Pesticides, Chemical Regulation, and Right-to-Know Committee Newsletter (July 2012).
•Author, OSHA's New HazCom Standard And Its Potential Impact On Tort Suits, Regulatory Matters Newsletter, Mackrell International (May 2012).
•Author, Chapter 11: Hughes v. Boston Scientific Corp., Top 20 Food and Drug Cases, 2011 & Cases to Watch, 2012, The Food and Drug Law Institute (April 2012).
•Co-author, Lone Pine Orders: Streamlining Mass Tort and Class Actions, ABA Annual Review of Developments in Business and Corporate Litigation (2009, 2010, 2011 Editions).
•Co-author, Forestalling Nanotechnology Litigation, Genetic Engineering & Biotechnology News (2011, Vol. 31, No. 1).
•Co-author, Litigation Risks Related To Nanoproducts, Bloomberg Law Reports (December 2010).
•Co-author, Guarding Against Nanotort Liabilities, Environmental Claims Journal (July 2010).
•Co-author, Taken In Over Intake Structures? Section 316(b) of the Clean Water Act, Columbia Journal of Environmental Law (2001).
Recent Speaking Engagements:
• FIFRA Compliance and Tort Liability, at the Practical Primer on Pesticides Seminar on May 7, 2013 (Washington, D.C.).
• Recent Developments: CERCLA Under the Obama Administration, Mackrell International Environmental Practice Group, April 11, 2013 webinar (covering the bona fide prospective purchaser exception, vapor intrusion, and climate change adaptation).
• Discussion on the Most Recent Version of the California Safer Consumer Products Regulation, February 7, 2013 webinar.
• California Green Chemistry: Perspectives on Recent Developments and the Alternatives Assessment Process, ABA, Pesticides, Chemical Regulation, and Right-to-Know Committee, November 15, 2012 webinar.
• FIFRA Compliance and Tort Liability, at the Practical Primer on Pesticides Seminar on November 7, 2012 (Washington, D.C.).
• NGOs: The Sue-and-Settle Approach, at the Chemical Control Law Seminar on October 3, 2012 (Washington, D.C.).
• Green Chemistry: Alternatives Assessments and Product Liability Litigation Risks, at the Chemical Control Law Seminar on October 3, 2012 (Washington, D.C.).
• The Committee Mark-up of Senator Frank Lautenberg's Safe Chemicals Act of 2011, September 13, 2012 webinar.
• The California Green Chemistry Safer Consumer Products Regulation Proposal: A Roundtable Discussion of Assessing Impacts and Preparing for Implementation, September 5, 2012 webinar.
• Hydraulic Fracturing & How Chemical Companies Could Be Brought Into Contamination Cases, Mackrell International Environmental Practice Group, August 22, 2012 webinar.
• GHS Amendment to OSHA Hazard Communication Standard and Toxic Tort Litigation, March 27, 2012 webinar.
• TSCA Compliance and Toxic Tort Litigation at the Chemical Control Law Seminar on October 26, 2011 (Washington, D.C.).
• Understanding and Minimizing Your Company's Nanotort Risks, May 2011 webinar.
• Coal Combustion Waste-What Can We Expect in Regulation and Litigation in 2010? at the Energy Industry Roundtable on April 29, 2010 (Chicago).
• Coal Combustion Waste-What Can We Expect in Regulation and Litigation in 2010? at the Energy Industry Roundtable on February 4, 2010 (Washington, D.C.).
Jun 14, 2016 Partner Eric Gotting to Present Rewards, Regulation and Risk: Genetically Modified Organisms
Mar 17, 2016 Keller and Heckman to Participate in CLE International's Inaugural Food Law Conference
Apr 20, 2015 Eric Gotting to Present at NCCA Annual Meeting
Apr 01, 2015 Eric Gotting to Present Knowledge Group Webinar on Conflict Minerals
Feb 12, 2015 Eric Gotting Presents at Mackrell International Environmental Law Webinar
Nov 18, 2014 Eric Gotting and Trent Doyle Present at Bloomberg BNA Webinar
Oct 28, 2014 Eric Gotting Speaks at IPC Tech Summit
Apr 16, 2015 Webinar: TSCA Reform, Ready for Prime Time?
Mar 31, 2016 Trial Court Dismissed Suit Alleging Deceptive Practices in Use of Non-GMO Claims
Feb 23, 2016 And You Thought the Recall Was Hard Enough; Wait Till You Get the Grand Jury Subpeona
Dec 18, 2015 Senate Approves TSCA Reform
Jul 29, 2015 Food Court Report: Consumer Claims Targeting Trans Fat In Instant Noodles Case Survive Motion To Dismiss
May 14, 2015 Chemical Labeling and Disclosures: Can the Government Put Words in Your Mouth
Apr 28, 2015 Environmental Appeals Board Decision in the Elementis Case: What It Means For The Continuing Violation Doctrine Under The Statute of Limitations For TSCA Section 8(e) and EPA's Guidance Definition For Corroborative Information
Nov 12, 2014 FOOD COURT REPORT: Food Manufacturer Defeats Class Certification in Labeling Claim Because Putative Class Lacked Ascertainability