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Eric Gotting serves as a partner in the firm’s litigation and environmental practice groups specializing in complex civil and appellate matters, as well as internal investigations and regulatory compliance. He focuses on a broad range of legal issues, including administrative law, agency enforcement actions, toxic torts, product liability, general business litigation, and regulatory compliance. He works with a diverse set of industries, including chemicals, plastics, pesticides, fuels/pipeline, food/packaging, consumer goods, telecommunications, and e-cigarettes/e-liquids. Mr. Gotting joined Keller and Heckman in 2011, and is a former Am Law 50 litigation partner and U.S. Department of Justice trial attorney.
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, administrative law, and agency proceedings. Between 1999 and 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 litigated and counseled clients on challenges to federal and state statutes, regulations, and orders. His experience covers various constitutional and administrative law issues, including the Administrative Procedure Act (APA) and state equivalents, the Dormant Commerce Clause, the First Amendment, the Due Process Clause, federal preemption, and the Freedom of Information Act (FOIA). He also has filed amicus briefs in litigation involving significant regulatory issues facing a variety of industrial sectors. As part of recent efforts by Congress to reform the Toxic Substances Control Act (TSCA), Mr. Gotting provided chemical manufacturers with extensive advice regarding preemption issues and co-authored two American Bar Association “white papers” on federal/state relations.
Enforcement Actions, Internal Investigations, and Regulatory Compliance
Mr. Gotting has defended enforcement actions and provided regulatory compliance counseling in a number of areas, including chemical and pesticide control, hazardous waste, pipeline safety, the Clean Air Act, the Clean Water Act, occupational safety and health, Superfund cost-recovery actions, insurance coverage disputes, the Food, Drug and Cosmetic Act, and the Chemical Weapons Convention.
Mr. Gotting also has conducted extensive internal corporate investigations regarding potential regulatory compliance and litigation-related liabilities, including toxic torts, product liability, consumer fraud, and commercial contract disputes.
Recently, Mr. Gotting has advised clients on several emerging issues, including e-vapor products, nanotechnology, hydraulic fracturing, the Securities and Exchange Commission’s conflict minerals reporting rule, Green Chemistry laws, the regulation of genetically-modified organisms (GMOs), the Globally Harmonized System amendment to OSHA’s HazCom Standard, and coal ash.
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 has defended 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 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 through 2009. 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.
· Author, “Dismissal of Movie Candy Slack-Fill Case Leaves Sour Aftertaste: Federal Court Rejects Labeling Disclosure Defense,” K&H Client Advisory, Food Court Report (January 2017).
· Author, “Consumer Claims Targeting Trans Fat in Instant Noodles Case Survive Motion to Dismiss,” K&H Client Advisory, Food Court Report (July 2015).
· Co-author, “Chemical Labeling and Disclosures: Can the Government Put Words in Your Mouth?” Natural Resources & Environment, ABA Section of Environment, Energy and Resources (Spring 2015).
· Co-author, “Metal Compounds, Conflict Minerals, and Compliance Under the Dodd-Frank Act,” Coil World (June 2015).
· Co-author, “EAB 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,” K&H Client Advisory (April 2015).
· Co-author, “When Does Compelled Commercial Speech Overreach and Implicate the First Amendment,” ABA, Pesticides, Chemical Regulation, and Right-to-Know Committee Newsletter (March 2015).
· Co-author, “What Happens Next to Earthjustice’s Demand for CBI Reassertion and Resubstantiation?” K&H Client Advisory (September 2014).
· Co-author, “What E-Enterprise for the Environment Means for TSCA and the Future of Chemical Control,” Bloomberg BNA, Daily Environment Report (August 2014).
· Co-author, “NRDC v. EPA: The Ninth Circuit issues a narrow ruling on EPA’s conditional registration of a nano-pesticide,” Trends, ABA Section of Environment, Energy and Resources (June 2014).
· Author, “SEC Orders Stay of Part of Conflict Minerals Rule Pending Judicial Review,” K&H Client Advisory, Packaging.com (May 2014).
· Co-author, “TSCA reform and preemption: What could be the impact on US state regulation?” Chemical Watch (May 2014).
· Co-author, “Preemption of Private Rights of Action Under TSCA and TSCA Legislation Briefing Paper,” ABA Section of Environment, Energy and Resources (March 2014).
· Co-author, “TSCA Preemption of State Laws and Regulations Briefing Paper,” ABA Section of Environment, Energy and Resources (March 2014).
· Co-author, “Supreme Court Upholds Chevron Deference to Agencies,” K&H Client Advisory (June 2013).
· 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).
Selected Public Speaking Engagements:
· “The State-Federal Relationship: Preemption Under LCSA,” GlobalChem, February 23, 2017 (Washington, D.C.).
· “Preemption and Future of TSCA Litigation,” K&H Chemical Control Law Seminar, September 14, 2016 (Washington, D.C.).
· "FIFRA Compliance and Tort Liability," annual Practical Primer on Pesticides Seminar, 2012-2016 (Washington, D.C.).
· “TSCA Reform: The State-Federal Relationship,” Source Intelligence, July 7, 2016 webinar.
· “The New TSCA: Preemption and Judicial Review,” K&H Webinar, June 8, 2016.
· “All About GMOs: Rewards, Regulations and Risk,” CLE International, March 18, 2016 (Washington, D.C.).
· “Litigation and Settlements: Tobacco and E-Vapor Products,” FDLI Enforcement Conference, December 10, 2015 (Washington, D.C.).
· “What E-Enterprise for the Environment Means for TSCA and the Future of Chemical Control,” Bloomberg BNA, November 18, 2015 webinar.
· “E-Vapor Litigation,” ECC Conference, November 7, 2015 (New Orleans).
· “TSCA Reform: Preemption in Practice,” K&H Chemical Control Seminar, October 29, 2015 (Washington, D.C.).
· “FDA’s Deeming Regulation & Update on Indiana Litigation,” The Vape Summit IV, October 2, 2015 webinar.
· “Conflict Minerals Rule: Disclosure Compliance,” Knowledge Congress, April 1, 2015 webinar.
· “EPA’s E-Enterprise Initiative and Next Gen Enforcement: Responding to Increased Pressures for Regulatory Compliance,” Mackrell International, February 12, 2015 webinar.
· “E-Enterprise, Social Compliance, and the Public Engagement Challenges that Lie Ahead,” K&H Webinar, October 30, 2014.
· “CBI and FOIA: Beyond TSCA,” K&H Chemical Control Seminar, October 9, 2013 (Washington, D.C.).
· “TSCA Preemption,” K&H Chemical Control Seminar, October 9, 2013 (Washington, D.C.).
· “Recent Developments: CERCLA Under the Obama Administration,” Mackrell International, 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,” K&H Webinar, February 7, 2013.
· “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.
· “NGOs: The Sue-and-Settle Approach,” K&H Chemical Control Law Seminar, October 3, 2012 (Washington, D.C.).
· “Green Chemistry: Alternatives Assessments and Product Liability Litigation Risks,” K&H Chemical Control Law Seminar, October 3, 2012 (Washington, D.C.).
· “The Committee Mark-up of Senator Frank Lautenberg's Safe Chemicals Act of 2011," K&H Webinar, September 13, 2012.
· “The California Green Chemistry Safer Consumer Products Regulation Proposal: A Roundtable Discussion of Assessing Impacts and Preparing for Implementation,” K&H Webinar, September 5, 2012.
· “Hydraulic Fracturing & How Chemical Companies Could Be Brought Into Contamination Cases,” Mackrell International, August 22, 2012 webinar.
· “GHS Amendment to OSHA Hazard Communication Standard and Toxic Tort Litigation,” K&H Webinar, March 27, 2012.
· “TSCA Compliance and Toxic Tort Litigation,” K&H 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?” – Energy Industry Roundtable, February and April, 2010 (Chicago and Washington, D.C.).
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