Eric J. Conn is a partner in the law firm of McDermott Will & Emery LLP and is based in the Firms' Washington, DC office. He focuses his practice on occupational safety and health law and complex commercial litigation.
Eric’s practice includes representing clients in all aspects of OSHA, CSB and MSHA law, including enforcement actions, compliance counseling and litigation. Eric has extensive experience in responding to catastrophic industrial and construction workplace accidents, including explosions, chemical releases, and accidents involving manufacturing and construction equipment, scaffolds and trenches.
Routinely working with technical experts, Eric manages internal and agency investigations, including investigations by the Occupational Safety & Health Administration (OSHA), U.S. Chemical Safety and Hazard Investigation Board (CSB), Mine Safety & Health Administration, Environmental Protection Agency (EPA), National Transportation Safety Board (NTSB), U.S. Coast Guard (USCG) and U.S. Bureau of Alcohol, Tobacco and Firearms (ATF), as well as by state and local regulatory and law enforcement agencies.
Eric handles the full range of OSHA and MSHA litigation, including appeals of citations and negotiating settlement agreements with an eye towards minimizing the impact of agency actions on wrongful death and personal injury civil cases. He also counsels lawyers representing clients in civil litigation arising out of workplace accidents.
Eric also is experienced in complex litigation matters, including mediations and arbitrations. He has represented clients in major contract disputes and class-action matters. His practice includes developing and implementing litigation strategy, discovery, witness preparation, hearings and trials.
In addition, Eric represents the interests of indigent tenants in pro bono matters before the Superior Court of the District of Columbia, Landlord/Tenant Division.
Eric is a contributing editor to Occupational Hazards Magazine and has co-authored articles about OSHA’s HAZWOPER standard and medical kit regulations. He has also advised researchers from the Japanese government on U.S. regulations regarding Hazard Communication and Material Safety Data Sheets.
During law school, Eric was a member of the editorial board of the Virginia Law Review. He also had his note about employment discrimination settlements entitled, “Hanging in the Balance: Post-Judgment Settlements and Confidentiality Agreements in Employment Discrimination Cases,” published in the Virginia Law Review.
He is admitted to practice in the District of Columbia and in the federal and state courts of Massachusetts.
Representative Experience
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Represent a chemical manufacturer in ongoing investigations by OSHA, CSB, EPA, the U.S. Attorney and a Congressional Subcommittee following an August 28, 2008, explosion and fire at a chemical plant in Institute, WV
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Counseled several major oil companies in Louisiana, Texas and Washington regarding on-site preparations for nationwide inspections under OSHA’s Process Safety Management National Emphasis Program for Refineries and litigated with OSHA regarding PSM citations arising out of these inspections
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Represented a gas pipe manufacturer during an NTSB investigation of a catastrophic gas pipeline explosion in California
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Represented an employer in the high-profile NTSB investigation of the MetroLink Commuter Train crash in Chatsworth, CA
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Managed OSHA inspections on behalf of a major northeastern electrical contractor following multiple fatal electrocution incidents in New Jersey and New York
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Managed the wall-to-wall OSHA process safety management program quality verification (PQV) inspection of a petroleum refinery in Delaware
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Worked on a matter related to chemical exposure and release incidents at a petroleum refinery in Delaware
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Represented an engineering/construction management firm involved in a major runway/taxiway rehabilitation project at the Lexington, KY, airport during the NTSB‘s investigation of and subsequent civil litigation involving the crash of COMAIR Flight 5191 in August 2006 resulting in 49 fatalities—the NTSB concluded that the ongoing construction activities at the airport played no role in the crash, and Eric’s group secured voluntary dismissals, with prejudice, in all of the federal district court civil cases
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Managed a multi-agency investigation of an explosion at a chemical plant in Kansas City
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Managed a North Carolina OSHA investigation and enforcement action involving a catastrophic grain explosion at a feed mill in Statesville, NC
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Represented the employer in a multi-agency investigation by NC OSHA and the CSB of a catastrophic explosion at a North Carolina plant of a specialty chemical company
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Managed an OSHA investigation and a coroner’s inquest of a fatal trench collapse in Illinois
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Managed the multi-agency investigation of a catastrophic tank explosion at a petroleum refinery in Delaware
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Represented a client in an OSHA high-rise construction inspection in Illinois
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Participated in a nationwide class-action litigation involving civil conspiracy and fraud issues
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Represented a class in litigation challenging the constitutionality of a state law regarding the e911 Surcharge
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Managed the MSHA investigation of a double fatality at a surface mine in Nevada
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Managed the OSHA investigation of a double fatality at a manufacturing plant in Texas
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Represented a client in an OSHA investigation of a fatal construction accident at Baltimore-Washington International Airport
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Managed the OSHA investigation of a fatal construction accident at SW Florida International Airport
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Managed the multi-agency investigation of a multiple fatality explosion at a medical device component manufacturing plant in North Carolina
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Managed the OSHA inspection of a fatal confined-space explosion at an offshore equipment construction facility in Texas
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Managed the investigation of an accident on a construction project at the Pentagon
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Worked on litigation regarding a multibillion dollar contract, including a temporary restraining order and preliminary injunction hearings, as well as mediation
Education
- University of Virginia School of Law, J.D. (with honors), 2000
- University of Virginia, B.A., 1997
