Nancy Kahn specializes in complex commercial and environmental litigation and arbitration. She also serves as general counsel to private corporations and public organizations.
Nancy's litigation practice includes both trial and appellate matters in state and federal courts. Her years of litigation experience have involved a wide variety of complex issues including securities fraud, products liability, pension and employment issues, contractual and insurance issues and construction cases. She enjoys the challenge of developing a rapid understanding of complex issues. Prior to entering private practice, Nancy served as Law Clerk to the Honorable Cornelia Kennedy in the Sixth Circuit Court of Appeals, and worked as a Research Attorney for the Michigan Court of Appeals.
In connection with her role as counsel to private corporations and public organizations, she negotiates and prepares complex contracts, represents clients in real estate transactions, and analyzes insurance coverage issues, as well as addressing issues involving bidding, bonds and construction liens.
Nancy's focus on Environmental Law encompasses both her role as litigator and counselor. She has extensive experience with respect to the following:
· Brownfield Redevelopment and Tax Increment Financing
· Resolution of Alleged Violations of Environmental Permits, Statutes, Regulations & Ordinances
· Transactional issues (multi-site mergers and acquisitions, as well as individual site purchases) including due diligence, maximization of liability protection, pre-sale remediation, indemnification, contractual issues, and statutory due care obligations
· Litigation and Arbitration Involving Environmental Issues
· Preparation of Corporate and Industry Position Statements and Analysis Regarding Proposed Regulations
In all of the services which she provides, Nancy's goal is to find the most practical and expedient resolution to complex problems.
· Successfully defended appeal of employment discrimination claim in the United States Court of Appeals.
· Obtained dismissal of certain securities fraud claims in United States District Court under the Private Securities Litigation Reform Act.
· Successful appeal regarding products liability claim. (Obtained Michigan Court of Appeals Opinion ruling that the trial court should have granted full summary disposition to the defendant).
· Successful defense of product liability case involving alleged material failure. (Obtained the disqualification of plaintiff's expert, based upon lack of expertise and the inadequacy of scientific support for testimony, despite expert's PH.D in Materials Science and Engineering; P.E in Metallurgical Engineering; M.S. in Chemistry; B.S. in Chemistry).
· Obtained ruling striking the testimony of plaintiff's expert based upon the inadequacy of scientific support for the opinions of plaintiff's expert (resulting in favorable settlement).
· Obtained trial court dismissal of claim that private storm water drainage system caused extensive property damage to adjacent property. Obtained favorable Michigan Court of Appeals ruling affirming dismissal of Plaintiff's claims.
· Obtained dismissal of plaintiff's claim that he was totally disabled after a truckload of building materials destabilized and fell on him. (Arguments for Dismissal were based upon inadequacy of scientific support for the testimony of plaintiff's expert). Subsequent to dismissal, obtained reimbursement of attorney's fees for client based upon contractual indemnity.
· Obtained United States Court of Appeals opinion vacating numerous findings of regulatory violations by USDA Administrative Law Judge. Subsequently obtained in excess of $150,000 for client in attorney fee reimbursement from USDA under the Equal Access to Justice Act.
· Obtained United States Court of Appeals ruling vacating USDA licensure ruling and holding USDA denial of license to be unlawful.
· Successful Appeal of declaratory action regarding insurance coverage. (Michigan Court of Appeals reversed the trial court's ruling in favor of the insurance carrier and held that summary disposition should have been granted to the insured on the issue of coverage).
· Successful jury verdict regarding corporate defamation and improper interference with contract claims. After reversal by Court of Appeals, obtained Michigan Supreme Court Order in favor of corporate plaintiff and reinstating jury verdict. (Counsel for corporate plaintiff at trial and on appeal).
· Bench trial in Federal District Court, resulting in Opinion holding corporate officers personally liable for withdrawal liability to multi-employer benefit fund. (Arguments for personal liability of officers based upon officers' improper characterization of repaid corporate contributions as loans, when they were de facto contributions to equity).
· Coordination of proper characterization and disposal of materials from tank farm and tank closures; negotiations with the Michigan Department of Natural Resources and the Environment (MDNRE") for resolution of environmental issues.
· Negotiations with Ohio Environmental Protection Agency and United States Environmental Protection Agency regarding amendment of state regulation to correspond with federal standards for Maximum Achievable Control Technology, and related request for changes to State Implementation Plan.
· Coordination of site clean-up and negotiations with MDNRE for resolution of environmental issues.
· Presentations to, and negotiations with United States Environmental Protection Agency resulting in revision of proposed new NESHAP/MACT standard, and resulting in exemption of a specified industry segment.
· Preparation of Brownfield Redevelopment Plan, and Work Plan to Conduct Eligible MEGA Redevelopment activities. Presentations before Brownfield Redevelopment Authority, resulting in approval of Brownfield Redevelopment Plan, Work Pan, and acquisition of Tax Increment Financing.
· Negotiations with Michigan Department of Natural Resources and the Environment ("MDNRE") regarding innovative solutions for wet weather sanitary sewer overflow issues and negotiation of associated Administrative Order of Consent.
· Successful action in federal court against various insurance carriers, obtaining settlement in excess of $1,000,000 resulting from insurers' wrongful denial of coverage for claims against insured involving environmental contamination.
· Successful preparation and acceptance of industrial Brownfield Redevelopment Plan resulting in tax increment financing and approved tax credits in excess of $1,00,000.
· Obtained judgment in favor of plaintiff corporation, in United States District Court, for damages arising from environmental contamination caused by neighboring corporation.
· Full responsibility for negotiations and resolution of environmental issues in connection with corporate divestiture involving dozens of industrial and commercial site located throughout various states and in three countries, resulting in successful sale in excess of $400,000,000.
· Coordination of remediation, industrial site redevelopment project and sale of large, long term scrap yard.
Sustainability as a Megatrend in International Trade, Global Business Club of Mid-Michigan, November 18, 2010
Memberships & Affiliations
· American Bar Association
· State Bar of Michigan
· Oakland County Bar Association
Honors & Recognitions
AV® Preeminent™ Martindale-Hubbell
Law Clerk, Honorable Cornelia G. Kennedy, Circuit Judge, U.S. Court of Appeals, Sixth Circuit, 1979-1980