Reaction during the first 36 hours after catastrophe strikes may determine the extent of adverse business impacts, tort liability, and even the outcomes in subsequent litigation.
Company managers that lack emergency response experience often make judgments that can compound the legal, financial, and reputational consequences to an organization.
Catastrophic events such as fire, explosion, accident, or major chemical release can cause significant injury, death, property damage, and environmental harm. These disasters can also subject companies to remedial and natural resource recovery obligations, and increasingly o civil and criminal enforcement and penalties, as well as significant liability exposure.
Holland & Hart's Emergency Response Group offers legal counsel to help deal with all stages of a catastrophic incident. We have the experience and training to help you respond immediately, manage the scene, guide the investigation, interact with regulatory agencies, and prepare for and defend the litigation that may result.
Incident Scene Management
Our clients often require on-site legal assistance during the critical hours following an incident to avoid or minimize liability. Holland & Hart's Emergency Response Group has significant experience on the ground with our clients' first response teams. We help to establish and manage both the initial and long-term legal response. We have responded to a multitude of emergencies, especially in the natural resource extraction industries.
From our arrival on scene we help clients collect and preserve critical evidence. Our team can also assist with media relations in the fragile hours after an event.
Internal And Government Investigations
When critical events such as oil or chemical spills, explosions, and severe workplace injuries or deaths occur, a government inquiry often follows. We assist through every stage of internal investigations as well as investigation by regulatory agencies, such as OSHA and MSHA, including responding to requests for information and negotiating favorable resolutions of citations.
Our attorneys are skilled at handling every phase of these delicate matters, including document collection, walkarounds, testimony, and preservation of attorney-client privileges and work product protections. Although we can and do aggressively defend our clients at trial, our goal is to avoid enforcement action entirely or achieve a resolution on terms favorable to our client.
Litigation
When the battle comes, our trial-tested lawyers can handle disaster-related litigation of any size and type, in particular cases with high exposure, throughout the Mountain West region. When necessary, we are prepared to represent defendants from initial accident investigation through all stages of litigation, including discovery, settlement, trial, and appeal. Our experience includes defense of cases for clients of all sizes, ranging from Fortune 500 companies to privately held or family businesses.
Holland & Hart has remained committed to litigation and trial technology. Our full-service mock trial room features all available courtroom technology, a jury box, and a judge's bench. Our in-house settlement and litigation consulting arm, Persuasion Strategies, offers services such as mock trials, judicial research, jury selection analysis, witness preparation, and case strategy consultation. With its own graphics department and multimedia center, Persuasion Strategies remains on the cutting edge in creating animations and virtual reality exhibits for the courtroom.
Training
We know from experience that emergency response preparedness is invaluable. With this in mind, we conduct training sessions for our clients on the most critical considerations, such as preserving evidence and responding to media requests. Our training also covers areas of concern that are not often addressed by insurance carriers or their adjusters, including response to agency investigations and attendance to preserving the attorney-client privilege and work product protections. We offer this training to companies in an effort to share some of the important lessons that we have learned over the years.
Experience
Members of our team have handled more than 50 on-the-ground emergency responses or internal incident investigations for clients.
Fires and Explosions
- Drilling Rigs
- Gas Plants
- Refineries
- Pipelines
Accidents
- Drilling Rigs
- Pipelines
- Trucking
- Recreation
- Underground and Surface Mining
- Railroad Operations
- General Industrial
- Construction