Lily N. Chinn. Managing Partner, San Francisco Bay Area Oakland p Practices. Selected Experience
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1 Lily N. Chinn Managing Partner, San Francisco Bay Area Oakland p Practices FOCUS: Environmental and Electronic Discovery and Information Governance Privacy, Data and Cybersecurity White Collar, Investigations and Compliance Food Outbreak and Product Recall Major Accident and Incident Response and OSHA Environmental Crimes and Internal Investigations Environmental Civil Litigation Environmental Regulatory and Permitting Environmental and Coalitions Construction Real Estate Lily Chinn is the managing partner of the San Francisco Bay Area office and the co-chair of the Electronic Discovery and Information Governance practice. She is a strategic advocate and litigator for her corporate and individual clients, providing counsel on the intersection between workplace safety, environmental and natural resources issues. She focuses on civil and criminal defense, including internal investigations and suspension or debarment proceedings, and has tried cases across the country. Lily is well-versed in the litigation of complex appellate and district court cases in venues nationwide. She draws on her many years of experience at the US Department of Justice (DOJ) in Washington, DC to provide her clients with high-level, thoughtful counsel. Through her work as a trial attorney in the Environmental Defense Section, she has indepth knowledge of the decision-making processes at the DOJ, Environmental Protection Agency and other federal agencies. As a former prosecutor in the DOJ's Computer Crimes and Intellectual Property Section and one of the founding co-chairs of the DOJ's Environment Division's E-Discovery Working Group, Lily also is able to provide technologically savvy counsel to her clients on the preservation, collection, production and use of electronic information. This experience, coupled with the relationships Lily developed during her tenure at the DOJ, provides a virtually unparalleled background as she advises clients facing enforcement actions. For example, Lily has obtained both declinations and dismissal of charges on behalf of her corporate clients. Recently, following a five-year joint investigation by the DOJ, the Environmental Protection Agency, the Federal Energy Regulatory Commission, and a State Attorney General's Office, she obtained a declination for her client of all federal criminal and civil charges, and negotiated a favorable civil resolution with the state. In another matter involving a United States Attorney's Office and the Department of the Interior, her legal team filed a pretrial motion resulting in the dismissal of all felony counts against her client, marking the first time a court has held that criminal charges against independent contractors are outside the scope of the Outer Continental Shelf Lands Act (OCSLA). Selected Experience Representation of a Fortune 100 company in connection with federal and state investigations related to a multi-fatality incident at a chemical manufacturing plant.
2 Industries Energy Technology Chemicals Recognition Leadership Council on Legal Diversity, Fellow, 2012 Legal 500, 2015, 2017 Law360, Rising Star Under 40, 2011 DOJ Intra-division Cooperation Award, 2006 DOJ Individual Outstanding Performance, DOJ Special Commendations, 2001, Chambers USA, 2017 Education JD, University of, Los Angeles, School of Law, Order of the Coif BA, University of, Berkeley, with high distinction Bar Admissions Court Admissions US Supreme Court Representation of a leading independent provider of services to the global power generation industry before the Federal Energy Regulatory Commission in connection with an investigation involving allegations of market manipulation and fraud in the sale of power to an independent system operator responsible for the operation of a region's electrical power system. Representation of a global provider of labor and production services criminally charged in connection with a multi-fatality incident on an oil and gas production platform. Representation of a global energy services company under criminal investigation for fraud related to inspection services provided to oil and gas production platforms. Representation of an oil and gas company under investigation for violations of state and federal statutes related to impacts on migratory birds. Representation of an international oil and gas services company in Suspension & Debarment proceedings before federal agencies relating to potential disqualification from participation in federal contracts and related subcontracts. Defense of a national chemical manufacturer in a six-month toxic tort jury trial and a three-week cost recovery bench trial involving groundwater contamination resulting in a defense victory. Representation of farmers in 's Central Valley seeking just compensation from the United States as part of class action takings claim. Defense of a Class I railroad in a statewide Clean Water Act citizen suit litigation alleging unpermitted discharges of coal from railcars to the waters in Washington State. Prosecution of Clean Water Act violations in and Florida on behalf of the United States. Representation of a national solid waste company in a successful challenge of a Solano County ordinance that illegally restricted the flow of solid waste in violation of the US and Constitutions. Defense of federal agency actions including Clean Air Act rulemakings, Clean Water Act permits and federal contributions to cleanups under RCRA and CERCLA. Defense of corporate and individual clients facing civil and criminal investigation for a variety of environmental and natural resource issues. Defense of federal agencies and corporate clients facing Clean Water Act enforcement actions by citizen groups. Representation of an energy company in connection with civil enforcement action involving alleged violations of state air emission regulations.
3 Circuit First Circuit Fifth Circuit Ninth Circuit Federal Circuit Northern District of Central District of Eastern District of Southern District of US Court of Federal Claims Supreme Court of Advisories Fifth Circuit To Decide Whether BSEE Can Regulate Contractors Under the Outer Continental Shelf Lands Act (May 9, 2017) DeCoster Rehearing Denied Food and Beverage Company Executives Face Risks of Prosecution as Responsible Corporate Officers (December 21, 2016) DeCoster Decision What Food and Beverage Companies Need To Know (August 8, 2016) Supreme Court Rules that Corps Section 404 Jurisdictional Determinations Can Be Challenged (June 1, 2016) Sixth Circuit Will Not Rehear WOTUS Jurisdiction Case (April 22, 2016) Sixth Circuit Denies Motions to Dismiss Challenges to Waters of the US Rule (February 23, 2016) DOJ and DOL Expand and Promote the Worker Endangerment Initiative (December 18, 2015) Judicial Panel Rejects Request to Consolidate District Court Challenges to Waters of the U.S. Rule (October 14, 2015) Sixth Circuit Issues Order Staying Waters of the United States Rule Nationwide (October 9, 2015) Clean Water Act Permit Shield Does Not Protect Against Liability For Non- Stormwater Coal Discharges (September 4, 2014) Articles Co-author, Criminal Prosecution of Environmental and Incidents Through DOJ's New Worker Endangerment Initiative, White Collar Crime Committee Newsletter, American Bar Association Criminal Justice Section, Winter/Spring 2017 (February 7, 2017) Author, Living in a Cyber World: Avoiding Pitfalls While Using Social Media in Investigations, Minority Trial Lawyer, American Bar Association Section of Litigation (August 24, 2016) Co-author, Criminal Prosecution of Environmental and Incidents Through DOJ's New Worker Endangerment Initiative, ABA Section of Environment, Energy, and Resources (July 2016) Contributor, Defending Environmental Citizen Suits, For The Defense (April 2014) Author, Expert Witness 101, ABA's The Woman Advocate (Summer 2008) Newsletters Katten Safety Advisory Group Cybersecurity Dashboard (October 26, 2016) Katten Safety Advisory Group Cybersecurity Dashboard (August 31, 2016)
4 Katten Safety Advisory Group Cybersecurity Dashboard (July 27, 2016) Speaking Engagements & Presentations Presenter Managing Expectations in a Government Investigation Legaltech West San Francisco, (June 12-13, 2017) Faculty Member Environmental Enforcement Thirteenth Annual Western Boot Camp on Environmental Law San Francisco, (March 14 16, 2017) Presenter ABA Environmental and Criminal Enforcement Conference Washington, DC (October 26, 2016) Presenter Legal Risks from Cyber-Threats in the Energy and Transportation Sectors 2016 American Fuel & Petrochemical Manufacturers Q&A and Technology Forum Baltimore, Maryland (September 25 28, 2016) Moderator How the DOJ's New Worker Endangerment Initiative Expands the Scope of Criminal Penalties to Women, Influence & Power in Law Washington, DC (September 21 23, 2016) Moderator Cybersecurity Code Red: Managing Risk. Protecting America Women's Energy Summit Chicago, Illinois (September 20, 2016) Presenter Defending Against Citizen Suits Under Environmental Laws Webinar (July 13, 2016) Panelist LegalTechSF Moving Beyond E-Discovery Review: TAR for Smart People San Francisco, (June 13, 2016) Panelist A Bridge to 21st Century Leadership and Beyond! The Making of a Diverse & Inclusive Leader San Francisco, (March 22, 2016) Faculty Member Environmental Enforcement Twelfth Annual Western Boot Camp on Environmental Law San Francisco, (March 15 17, 2016) Panelist Turning Legalese Into Tech Speak: Legal Holds in 2015 McLean, Virginia (December 8, 2015) Panelist Privacy and Ethics for Social Media Investigations The Third Annual Women, Influence & Power in Law Conference Washington, DC (October 29 30, 2015) Faculty Member Eleventh Annual Western Boot Camp on Environmental Law Seattle, Washington (March 17 19, 2015) Speaker What Makes a Matter "Turn" Criminal Understanding a Prosecutor's Thought Process Audio Conference (February 24, 2015) Panelist Working With Technical Consultants Environmental Law Institute Washington, DC (September 24, 2014) Faculty Member Environmental Enforcement Tenth Annual Western Boot Camp on Environmental Law San Francisco, (March 11 13, 2014)
5 Civil and Criminal Product Enforcement in the Americas International Environmental Lawyers Network Conference Washington, DC (April 19, 2013) Developments in Clean Water Act Enforcement National Association of Clean Water Agencies Law Conference Palm Springs, (November 6, 2007) My Life As a Lawyer Corporate Counsel Women of Color UCLA School of Law, Los Angeles, (October 2007) Instructor Civil Trial Advocacy Seminar DOJ National Advocacy Center (February 2006) Instructor Discovery & Deposition Skills Seminar DOJ National Advocacy Center (March 2006)
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