Theodore A. Keyes

Überblick

Advises on the specialty areas of environmental law and insurance law in connection with transactions and litigation.

For more than two decades, Ted has advised prominent corporations, private equity firms, investment advisers, policyholders, insurance companies and other entities. He advises clients on environmental, health and safety risks associated with domestic and international mergers and acquisitions, financings, real estate and other transactions.

Ted counsels clients on a wide range of issues and disputes involving environmental law and/or insurance law in state and federal court as well as in the context of alternative dispute resolution, including environmental insurance coverage cases, cost recovery actions, regulatory matters and parkland alienation disputes.

In addition to insurance coverage litigation, he advises clients concerning various specialty insurance policies, including representation and warranty, judgment protection, directors’ and officers’ liability, professional liability and specialty pollution insurance products.

Referenzmandate

Representation of the federal government of Mexico in connection with claims related to the Deepwater Horizon Oil Spill. United Mexican States (Estados Unidos Mexicanos) v. BP Exploration and Production Inc., MDL No. 2179 (E.D. Louisiana)
Regularly counsels investment funds in connection with the negotiation of management insurance policies, including working closely with insurance brokers to negotiate favorable policy terms and providing assistance in the event that insurance claims arise.
Representation of publicly traded financial services company in negotiation of agreements with primary and excess insurers for advancement of defense costs incurred in connection with SEC and DOJ investigations.
Negotiation of CERCLA consent order on behalf of a demolition and recycling company in connection with work performed at an abandoned petroleum refinery and an off-site asbestos abatement of nearby properties. In the Matter of the Tallaboa Industrial Park Site (Puerto Rico).
Representation of demolition and recycling contractor in connection with First Circuit appellate action for pre-enforcement review of CAA order alleging NESHAP violations in connection with work performed at an abandoned petroleum refinery in Puerto Rico. Homeca Recycling Center v. EPA.
Representation of insurance carrier in connection with coverage dispute concerning Clean Air Act enforcement action. Cinergy Corp. v. St. Paul Surplus Lines Ins. Co., 915 N.E.2d 524 (Ind. Ct. App. 2009); Cinergy Corp. v. St. Paul Surplus Lines Ins. Co., 873 N.E.2d 105 (Ind. Ct. App. 2007); Cinergy Corp. Associated Elec. & Gas Ins. Servs., Ltd., 865 N.E.2d 571 (Ind. 2007).
Representation of insurance carrier in environmental coverage litigation. Handy & Harman v. American International Group Inc. et al., Index No. 115666/07 (New York County).
Challenge to New York City project adjacent to parkland under public trust doctrine. New York State Assemblyman Adam Clayton Powell, IV, et al. v. City of New York, et al., Index No. 108220/2006 (New York County).
Defense of insurance carrier in lawsuit concerning environmental claims. Allegheny Energy, Inc., et al. v. Certain Underwriters at Lloyd’s, London, Case No. 21-C-03-16733 (Cir. Court, Washington County, Md.).
Representation of insurance carrier in connection with disputed claim under pollution insurance policy. AIU Insurance Company, et al. v. Louis Dreyfus Natural Gas Corp.,No. 02CV3277 (S.D.N.Y.).
Representation of insurance carrier in connection with settlement and arbitration of underlying complex case concerning contamination from chemical plant in Houston. Port of Houston v. GB Biosciences Corporation et al., Cause No. 2001-07795, (Harris County Texas).
Representation of parkland group in lawsuit to prevent alienation of parkland without legislative approval. Friends of Van Cortlandt Park v. City of New York, 95 N.Y.2d 623 (N.Y. 2001).
Defense of insurance carrier in connection with lawsuit seeking coverage for environmental cleanup due to gasoline spill in Alaska. Wyoming Alaska Company, Inc., et al. v. Commerce and Industry Insurance Company, Civ. No. 2:00-CV-0499 (D.Ct. Utah).
Defense of insured in connection with declaratory judgment action to rescind directors and officers’ liability insurance policy. Genesis Insurance Company v. Physician Computer Network, Inc., Civ. No. 99-CV-103 (D.N.J.).
Representation of mortgagee seeking to intervene in lawsuit to prevent entry of Consent Decree governing CERLA remediation of mortgaged property. United States v. Pitney Bowes, Inc., et al.,25 F.3d 66 (2d Cir. 1993).
Defense of lender in private cost recovery lawsuit under CERCLA. EDO Corporation, et al. v. Elinco Associates Limited Partnership, et al., Civ. No. 393-CV-00504 (D. Conn.).
Prosecution of fourth-party contribution action concerning responsibility for remediation of oxide box waste from former MGP. RMT, Inc. v. Giddings & Lewis, et al., 95 CV 00173 (Wis. Cir. Court, Fond du Lac County).
Defense of insurance carrier in multi-site declaratory judgment action concerning former MGPs in New Jersey. Jersey Central Power & Light Company v. American Casualty, et al., C-299-94 (N.J. Super. Ct. Middlesex County).
Defense of insurance carrier in multi-site declaratory judgment action concerning former MGPs in New Jersey. New Jersey Natural Gas Company v. St. Paul Fire & Marine Ins. Co., et al., OCN-L-859-95 (N.J. Super. Ct., Ocean County).
Defense of insurance carrier in coverage lawsuit concerning hydrogen sulfide release. Edwards Oil Service, Inc. v. National Union, et al., No. 93-305190-CK (Mich. Cir. Court, Wayne County).