Kathleen Carpenter has a broad-based background in litigation, transactional and governmental advocacy matters. Her experience ranges from representing large publicly-held companies in high profile litigation and appellate matters to advising clients in all aspects of real estate and construction risk management, ranging from insurance, advertising and disclosures to on-line reputation management and cyber picketing. Ms. Carpenter also counsels clients in a broad spectrum of green building risk management matters, ranging from green/energy rating system selection, implementation of green building and solar initiatives, disclosures, and green advertising compliance. She is a frequent speaker and expert witness in the areas of real estate and construction and has represented many of the nations largest homebuilders, developers and general contractors in all phases of residential and commercial construction.
Ms. Carpenter also regularly acts as outside regional general counsel for both public and privately held companies, and has extensive expertise representing various industry trade groups in matters of regional and national significance. For over a decade, she has developed substantial experience in governmental affairs and legislative advocacy. She has also served as part of the lead negotiating team in connection with numerous tort reform efforts, and whose work has lead to sweeping tort reform in the areas of real estate, construction and attorney solicitation. She has provided expert testimony on several occasions before the California State Senate. Ms. Carpenter is a frequent national and regional lecturer, writer and expert witness. She also has substantial appellate experience acting as amicus in high profile cases involving indemnity, construction, insurance, real estate, admissibility of legislative intent and interpretation of California's recently enacted "Right to Repair Law."
Recent Work / Representative Matters
Real Estate and Construction Practice.
Experience in a wide variety of complex real estate and construction matters, ranging from disputes arising out of failed projects, breach of contract matters, green compliance and disclosure, acquisition and development agreements, joint venture and insurance coverage matters to large-scale construction defect litigation and high-profile toxic tort cases. Ms. Carpenter counsels clients in daily business matters including risk and crisis management, early dispute resolution strategies, drafting purchase and trade contracts and the counsel and training of new home sales and customer representatives. Ms. Carpenter also acts as a consultant to regional and national homebuilders and homebuilder trade groups on legislative reform efforts and other issues of national significance.
Media, E-Commerce Crisis Management.
Handled numerous high profile litigation and pre-litigation matters involving defect, product recall, company and/or executive blogosphere attacks, and coordinated the handling of crisis management plans while clients are under close scrutiny by the press, public agencies and existing and potential customers. Handled one of the first cases of defamation on the Internet, and developed a measured and sound strategy to respond early to an Internet reputation attack. Kathleen also specializes in countering mass solicitation efforts against both publicly held and privately held companies and is a frequent lecturer and author in this area. On the transactional side, Kathleen has expertise in web site terms and conditions, Internet advertising, sweepstakes and general online reputation management and counsel regarding the use of social networking sites.
Risk Management, Dispute Resolution.
Kathleen 's unique background in working in both litigation and transaction arenas provides a unique perspective in developing risk management plans. She assists clients in developing new and creative ways to reduce and manage risk. If risk allocation in project documentation and operational risk reduction strategies is overlooked, or not carefully analyzed, it can result in costly consequences. Kathleen has created advanced risk management legal programs designed to identify potential risks, establish effective means to minimize such risks through disclosures, contractual language, and risk allocation provisions, design and execute protective operational strategies, craft and implement dispute resolution strategies, and educate company personnel in a simple and straightforward method of implementing those practices. Kathleen currently Chairs the Risk Management Committee for the California Building Industry Association.
Governmental Affairs/Legislative Advocacy.
Over a decade of experience in national and statewide governmental affairs matters. She has also served as part of the lead negotiating team in connection with numerous tort reform efforts, and whose work has lead to sweeping tort reform. Kathleen was appointed to an advisory team of the Schwarzenegger transition team to advise on tort reform to help make California more "business friendly." She has also appeared before regional and local boards and agencies in a variety of administrative matters. Ms. Carpenter has also given expert testimony on tort reform before the California State Senate.
Appellate Advocacy.
Over ten years of appellate experience, generally as amicus for industry trade associations, before the California Supreme Court and various Courts of Appeal. Representative published appellate cases include:
ˇ Greystone Homes, Inc. v. Midtec, Inc., 168 Cal.App.4th 1194; Cal: Court of Appeals, 4th Dist., Div. 1 (2008).
ˇ Crawford v. Weather Shield Mfg. Inc., 44 Cal.4th 541; Cal: Supreme Court 2008.
ˇ Acosta v. Glenfed Development Corp., 28 Cal.Rptr.3d 92; Cal: Court of Appeal, 2nd Dist., Div. 3 (2005).
ˇ Kaufman & Broad Communities, Inc. v. Performance Plastering, Inc., Cal: Court of Appeal, 3rd.
ˇ Hicks v. Superior Court, 8 Cal.Rptr.3d 703; Cal: Court of Appeal, 2nd Dist., Div. 7 (2004).
ˇ Jimenez v. Superior Court, 58 P.3d 450; Cal: Supreme Court (2002).
Notable Litigation Matters.
Lead counsel for several developer clients in the investigation, litigation and resolution of claims by homeowners, local and governmental agency claims arising out of the highly publicized appearance of mysterious "black ooze" in over a dozen subdivisions in Contra Costa County, while coordinating the crisis management team in the investigation and creation of a public blue ribbon task force to determine the cause and solution to the problem.
Defended developer in a $20 million property purchase on claims of breach of development agreement, unfair competition and interference with economic advantage.
Appointed counsel for several national homebuilders and regional and national homebuilder's associations in connection with several class action product liability cases.
Represented large California homebuilder in resolving dispute with an unauthorized third-party website consolidator who provided incorrect home sales prices to prospective homebuyers.
Prosecuted and defended insurance coverage claims and complex contractual indemnity claims on behalf of builders against subcontractors and their various insurance carriers.
Achieved a defense verdict in a federal case where the United States of America and the National Park Service sued 50 homeowners in Danville, CA, attempting to make public use of a private, rural back road leading to "Tao House," the historic former home of playwright Eugene O'Neill.
Defended major developer and achieved unprecedented multi-million dollar settlement against municipal water supplier involving 700 homeowner claims arising out of the highly publicized occurrence of "blue water" appearing in two major subdivisions, while coordinating investigation with a public task force.
Recovered large, improperly withheld retention on behalf of regional custom builder, in connection with the design and construction of an NBA sports figure's estate in Blackhawk, CA.
Memberships
Chair: California Building Industry Risk Management Task Force.
California State Bar.
National Home Builders Association and Home Builders Association of Northern California.
Building Industry Association of Southern California.
Contra Costa County Bar Association.
National Assn. of Record Industry Professionals.
The Grammy Foundation.
San Francisco Chapter American Bar Association and Sacramento Bar Association.
American Inns of Court.
American Fencing Association.
Habitat for Humanity.
Industries
Climate Change, Renewable Energy & Sustainable Technology
Publications / Presentations
Select Linked Articles
11 | 10 | 2011 Legal e-Update
Going, Going, Gone . . . California Solar Incentives for Builders/Developers . . . Don't Delay . . .
04 | 26 | 2011 Legal e-Update
California Supreme Court Grants Review in Second Case Challenging Enforceability of Arbitration Provisions in CC&Rs Against Homeowners Associations
01 | 20 | 2011 Legal e-Update
Here Comes the Sun Again: A Quick Primer for Homebuilders About California's 2011 Mandatory Solar Option Law
11 | 11 | 2010 Legal e-Update
California Supreme Court Accepts Case To Decide Whether Developers Can Enforce Arbitration Provisions in CC&Rs Against Homeowners Associations
10 | 12 | 2010 Legal e-Update
Beware: "Broken" Subdivision Pitfalls Will Linger for Years to Come: Top Ten Questions You Need to Ask
08 | 03 | 2010 Legal e-Update
Courts Continue to Struggle With Enforcing Arbitration Provisions in CC&Rs Against Homeowners Associations
Media Presence / Articles About Attorney / Attorney Contribution
10 | 19 | 2010 New Practice
Luce Forward Forms National Foreclosure Litigation & Investigation Practice
08 | 10 | 2010 Profile
Mixed Decisions on Construction Defects
07 | 26 | 2010 New Attorney
Luce Forward Picks Up Two Real Estate Attorneys in San Francisco
All Authored Works
"Going, Going, Gone . . . California Solar Incentives for Builders/Developers . . . Don't Delay . . ." - Luce Forward legal e-Update - November 10, 2011.
"California Supreme Court Grants Review in Second Case Challenging Enforceability of Arbitration Provisions in CC&Rs Against Homeowners Associations" - Luce Forward Legal e-Update - April 26, 2011.
"Here Comes the Sun Again: A Quick Primer for Homebuilders About California's 2011 Mandatory Solar Option Law" - Luce Forward Legal e-Update - January 20, 2011.
"California Supreme Court Accepts Case To Decide Whether Developers Can Enforce Arbitration Provisions in CC&Rs Against Homeowners Associations" - Luce Forward Legal e-Update - November 11, 2010.
"Beware: 'Broken' Subdivision Pitfalls Will Linger for Years to Come: Top Ten Questions You Need to Ask" - Luce Forward Legal e-Update - October 12 2010.
"Courts Continue to Struggle With Enforcing Arbitration Provisions in CC&Rs Against Homeowners Associations" - Luce Forward Legal e-Update - August 3, 2010.
"Green Building - Incentives, Solutions - Making it Work "Marketing Green in Residential Sales What Your Clients Need to Know About the New Green Building Standards."
"Too Big to Underwrite? The Loss of Creditors' Rights Coverage, and What's Next" - March 14, 2010.
"Calling for YELP: How to Handle a Negative Review of Your Brand on the Internet" - March 2, 2010.
"Does Your Brand Need a Crisis Triage Plan?" - March 4, 2010.
"Steering Clear of The Media Sledgehammer: The Latest in Media Relations & Public Works Projects."
"It's 2010, Does your Company Need a Crisis Triage Plan?"
"Staying Ahead of the SB 800 Curve: Strategies and Tactics for Effective Use of SB 800 in the Real New Economy."
"Calling For YELP: How to Handle a Negative Review of Your Brand on The Internet."
"Attorneys Who Jump The Gun and Go Straight to Court Before Allowing a Builder its Statutory Right To Repair under SB800 Get the Yellow Flag."
"Home Builder Survivor: Outwit. Outlast. Outplay: Developer Risk Management in the New Economy."
"SB 800 California's New Right to Repair Law - A Guideline To Understanding The New Legislation."
"Bob the Builder 'Yes We Can' Or . . . How Builders are Faring Under the New 'Right to Repair' Legislation."
"SB 800-The Homebuilder 'Right to Repair' Law." A Preliminary Compliance Guide for California Homebuilders and Specialty Contractors."
"The Home Building Industry in Cyberspace: Legal and Practical Considerations in Web Site Marketing."
"Home, Home on the Web: Risk Management in Cyberspace."
"Dissed.com - How to Respond to an Internet Attack. A Guideline for Responding to yourcompanysucks.com Attacks" - iHousing Magazine - Spring.
"Unhappy Homeowners Picket in Cyberspace" - California Builder Magazine.
"The Omega Recall: The Top Ten Builder Questions Answered."
"When your Subdivision is Carpet Bombed" - Inland Community Builder.
"Avoiding the Dangerous Homebuyer - Early Phase Syndrome: The Twilight Zone of Homebuilding."
"The Purchase Experience: Legal Responsibilities of Sales Representatives and Homebuilders in New Home Sales."
"Litigation Avoidance: Techniques and Tactics for Today's Homebuilder."
"When They Sue, Who Pays? Liability of Homebuilders, Subcontractors and Suppliers for Construction Defects."
Presentations
Panelist: "Got Sunshine on a Cloudy Day: Navigating the Legal Maze of Implementing Solar Programs in Residential Communities" - Luce Forward Residential Development Roundtable (San Diego - May 5, 2011) (San Francisco - May 12, 2011).
"Under Siege 2010: Answers for Homebuilders Dealing With Attorneys' Mass Solicitation" - Various Locations, Statewide.
"Green Building: Making Your Project a Success in the Current Economy, Presenting Marketing Green, What Your Clients Need to Know About Advertising and the New Green Standards" -CLE International Conference 2010.