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V. Robert Denham, Jr., handles a wide range of litigation matters at the trial and appellate level. He chairs the Firm's Tort Litigation & Environmental practice group.
Mr. Denham's experience covers a wide variety of complex matters, including environmental and toxic tort litigation; litigation involving managed health care and health insurance; business litigation, including cases involving trade secret protection; pharmaceutical litigation; and class action and multidistrict litigation. Many of Mr. Denham's cases involve medical, scientific or technical issues, to which he is well suited by his science and engineering educational background. He has significant experience in working with experts to develop and present evidence on a variety of medical, scientific, and technical subjects. Conversely, he has successfully challenged such evidence advanced by opponents on the ground that the evidence lacked sufficient reliability to be admitted.
In the environmental and toxic tort areas, Mr. Denham has handled matters relating to many kinds of chemical and biological substances, including insecticides, herbicides, fertilizers, lead, arsenic, volatile organic compounds, coal tar and derivatives, dioxin, and mold.
In addition to representing clients in litigation, Mr. Denham helps clients develop strategies for avoiding litigation by identifying and correcting circumstances that may give rise to future claims.
Clients often have repetitive litigation of the same type throughout the country. Mr. Denham and his colleagues have helped these clients develop and implement strategies for coordinating such litigation. The scope of the coordination efforts varies to suit the needs of the client, ranging from managing discovery throughout the country to ensure consistency and quality control to trying all cases throughout the country as lead counsel.
Examples of Mr. Denham's experience include:
• Representation of managed health care company in multi-defendant multidistrict class action litigation involving managed health care.
• Defense of government lawsuits for the recovery of clean-up costs for contaminated property, including a rare jury trial in a CERCLA cost recovery case.
• Representation of plaintiffs and defendants in private party litigation involving contaminated property, including claims for clean-up costs and claims for damages.
• Defense of claims for nuisance and trespass relating to stormwater discharge.
• Defense of cases involving claims of indoor contamination from volatile chemicals or mold.
• Coordination of defense of cases throughout the country based on claims of injury from exposure to chemical emissions in indoor air.
• Preparation of protocols for property owners and developers to identify conditions that might promote mold growth, to remedy those conditions, and to respond to claims relating to mold growth.
• Litigation to prevent the disclosure or use of trade secrets by competitors.
• Defense of litigation involving claims of injury from pharmaceuticals.
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