Trusted Advisor for Companies Across the Western United States
For over five years, we have been at the forefront of representing companies as they face legal challenges arising out of disastrous and often costly wildfires. We represent many companies and other interested parties in the western United States, including Washington, Oregon, California, Nevada, Hawaii, and New Mexico.
We have worked closely with companies to create and implement novel “mass tort” litigation and settlement strategies that have minimized exposure for our clients. This includes innovative mediation protocols that have streamlined hundreds of lawsuits brought by thousands of plaintiffs into predictable and manageable settlement processes. In particular, we have had great success in working with plaintiff attorneys and courts to develop, adopt, and execute a comprehensive mediation protocol as an alternative to trial. We have repeatedly secured declinations of criminal investigations and when circumstances dictate, we have gone to trial as well.
Our strategies have achieved remarkable results for utilities besieged by hundreds of wildfire lawsuits.
Experience
State of Hawaii
Secured a historic global settlement exceeding $4 billion which—in less than one year—resolved all claims stemming from the Aug. 8, 2023 Maui wildfires, one of the largest natural disasters in the state’s history with over 100 deaths.
Lead counsel in the design and creation of a uniquely tailored $175 million fund for families of the wildfire victims. Organized various defendants to participate in the fund, which will provide quick and certain relief to wrongful death and personal injury plaintiffs who choose to opt in.
Separately, we are working closely with the governor and his team to develop legislation in response to the wildfires. Our role also includes supervision and involvement in all investigations, which have included representation of the state’s witnesses who testified at the congressional hearings investigating the cause of the catastrophic wildfires. (See “Hawaii Inks $4B Maui Wildfires Deal Ahead of Anniversary,” Law360; “Battle with insurers follows $4.03B Maui fire settlement,” Daily Journal; “Who Were the Attorneys Behind the $4B Hawaii Wildfire Settlement?” Law.com).
Southern California Edison and Edison International (California)
Over 900 cases have been filed on behalf of more than 17,000 plaintiffs against SCE and Edison International, seeking billions of dollars in damages related to these fires.
Our roles include defense of all civil litigation and consultation and engagement with regulatory and investigatory agencies.
The lawsuits involve individuals, businesses, governmental entities, and insurance companies, all alleging that SCE’s power lines or electrical infrastructure ignited the fires. On the plaintiffs’ side, more than 70 law firms are involved.
Developed an innovative resolution protocol that has facilitated the orderly out-of-court settlement of over 80% of the claims against SCE arising from the Thomas and Woolsey fires and the Montecito Mudslides.
Representing SCE in litigation related to the 2017 Creek Fire, the 2019 Saddleridge Fire, the 2020 Bobcat Fire, the 2020 Silverado Fire, the 2022 Fairview Fire, and the 2022 Coastal Fire.
Thomas Fire
The Thomas fire, the largest in California history at the time, destroyed over 1,000 structures, damaged over 250 structures, and burned over 280,000 acres.
Mudslides and flooding in Montecito and nearby areas affected by the fire resulted in the destruction of hundreds of structures and the loss of at least 21 lives.
Leading defense of litigation brought by over 6,000 plaintiffs arising out of 2017 Thomas Fire and Montecito mudslides.
Secured a declination for Southern California Edison in criminal investigation into the Thomas fire.
Woolsey Fire
Among the most destructive wildfires in California history, the Woolsey fire burned approximately 97,000 acres in Los Angeles and Ventura counties, destroying over 1,600 structures (including homes in the affluent Malibu area), damaging over 40 structures, and resulting in the loss of three lives.
Leading defense of litigation brought by over 9,250 plaintiffs arising out of the Woolsey fire.
Secured a declination for Southern California Edison in criminal investigation into the Woolsey fire.
PacifiCorp (Oregon)
Wildfires burned over 500,000 acres across at least five counties in Oregon and California and allegedly destroyed over 2,000 structures and claimed 9 lives over Labor Day weekend 2020.
Described as the most devastating, destructive fires in Oregon’s history, and was covered by major news outlets around the nation.
Our roles include defense of all civil litigation and consultation and engagement with regulatory and investigatory agencies.
Defending against numerous lawsuits in multiple jurisdictions across Oregon and California arising out of the 2020 Labor Day Fires.
Lead trial counsel for PacifiCorp in months’ long trial regarding four wildfires from Labor Day 2020.
Utility Representation (Washington)
Advising in regard to fire cases in Washington state.
PNM Resources (New Mexico)
Defending in lawsuits arising out of the April 2022 McBride Fire in Ruidoso, New Mexico.
The fire burned approximately 6,200 acres of land in and around Ruidoso, destroyed over 200 structures, and caused the loss of two lives.
Defending against civil litigation by hundreds of plaintiffs, including individuals, businesses, a government entity, and insurance companies, all alleging that PNM’s electrical infrastructure caused the fire.
NV Energy (Nevada)
Defending subrogation and individual lawsuits arising out of the 2020 Pinehaven Fire in Reno, Nevada.
Our roles include defense of all civil litigation, advising NV Energy in connection with regulatory proceedings and government investigations, and consulting regarding best practices.
SDG&E (California)
Advising SDG&E on wildfire litigation trends and best practices.