Jad T. Davis

(949) 417-0984
Partner
(949) 417-5394 Fax
Jad.Davis@KutakRock.com

Mr. Davis is a partner in the Irvine and Los Angeles offices where he focuses on environmental law. He represents clients in a wide range of regulatory compliance and environmental enforcement matters under the federal Clean Air Act, Clean Water Act, CERCLA, RCRA, California's Prop 65, Water Code and Hazardous Waste Control Law. His practice extends to representing clients in state and federal courts as well as before most state, regional and local agencies, including regional water quality control boards, the California Environmental Protection Agency and the United States Environmental Protection Agency. His typical matters involve state and federal lawsuits alleging an array of soils, water and air contamination.

Trade associations frequently request that Mr. Davis speak at national and regional conferences on environmental issues. He publishes routinely in the area of environmental law.

Mr. Davis has been sought after as an effective problem solver in various areas of alternative dispute resolution.

In 2015, Mr. Davis was appointed vice chair of programs for the American Bar Association's (ABA) Section of Environment, Energy, and Resources (SEER). He has been appointed Co-Chair of the ABA's SEER Science and Technology Committee for 2016-2017.

Additionally, his peers have named him to the Super Lawyers® Rising Star list in Southern California from 2008 through 2015.

 Representative Experience:

  • In March 2017, Mr. Davis argued before the Court of Appeal of the State of California, Fourth Appellate District Division One that the judgment in favor of his client, Crucible Materials Corporation, should be affirmed. The Orange County Water District alleged that Mr. Davis’s client contaminated the soil and groundwater in the North Basin of Orange County. The alleged response costs were estimated to be $200 million. In June 2017, the Court of Appeal published a 161-page opinion that affirmed Mr. Davis’s client’s judgment against the Orange County Water District’s claims.
  • In June 2016, Mr. Davis won a $1.2 million jury verdict on behalf of his multinational clients following three weeks of trial in Orange County Superior Court. The case involved defective and contaminated consumer products sold by the defendant. Mr. Davis tried this case by himself.
  • Representing property owners in administrative proceedings before the State Water Resources Control Board challenging Cleanup and Abatement Orders and Directives issued by the Regional Water Quality Control Boards.
  • Providing legal counsel to a manufacturing client in its negotiation with the EPA concerning a notice of allegedly violating the Clean Air Act and demanding monetary penalties of over $1 billion.
  • Lead trial counsel for target defendant against five class actions and several thousand individual toxic tort lawsuits brought by Girardi Keese with assistance from Erin Brockovich alleging property damages and personal injuries due to purported exposures to hexavalent chromium in the air and groundwater.
  • Mr. Davis obtained summary judgment in favor of his Fortune 500 client against allegations of soil and groundwater contamination involving alleged damages of several hundreds of millions of dollars.
  • Mr. Davis argued a commercial dispute at a bench trial and obtained judgment (including an award of attorneys’ fees and costs) on behalf of his client, a commercial real estate company with assets of about $12 billion. 
  • Obtained summary adjudication against four of Plaintiff’s claims against his client in a large multiparty groundwater contamination lawsuit.
  • Successfully excised his client from a large multiparty cost recovery litigation involving CERCLA, RCRA and State equivalents.
  • Defending his Fortune 500 client in a large multiparty groundwater contamination litigation.
  • Successfully negotiated TCE and PCE remediation plans against State Water Resources Control Board and Regional Water Quality Control Board.
  • Successfully resolved two multiparty toxic tort lawsuits brought against client involving benzene.
  • Amicably resolving, prior to trial, a set of 30 individual actions and one national class action case following a criminal prosecution of some of the corporation's officers and directors. The allegations involved marketing a dietary supplement as an all-natural herbal product for overall prostate health when the product was alleged to be a combination of numerous pharmaceuticals, including the banned pharmaceutical DES.
  • Successfully defending a renewable biofuels company and the members of its board of directors against claims of breach of contract, alter ego and piercing the corporate veil by a leading international project development and construction company.
  • Successfully defending real estate agents and broker clients against fraud and deceit claims.
  • Successfully defending a store manager against allegations of employment discrimination, retaliation, wrongful termination, sexual harassment and assault.

Publications:

  • Quoted in “OSHA’s New Silica Rule Unhealthy for the Industry,” Constructor Magazine, by Debra Wood, July/August 2016.
  • Lawsuits challenging new crystalline silica exposure rules,” Los Angeles Daily Journal, May 17, 2016.
  • “Meet the ‘waters of the United States,’” Los Angeles Daily Journal, May 29, 2015.
  • "EPA Gets Dirty Regulating Coal Ash And then Defers A Critical Issue," Westlaw Environmental Journal, Volume 35 , Issue 15, February 18, 2015.
  • "Changes to EPA’s Construction & Development Point Source Pollution Rule," Storm Water Solutions Magazine, October 2014.
  • "Regulation Could Increase Water Bills," California Daily Journal, April 22, 2014, co-authored with Tiffany K. Ackley.
  • “State Proposes Strict Water Standard, But Who Picks Up The Tab?,” Daily Journal, October 10, 2013, co-authored with Tiffany K. Ackley.
  • "EPA and Logging Industry: Odd Bedfellows Before US High Court," Daily Journal, July 18, 2013.
  • "California’s Environmental Regulatory Agencies: Fractured, But Salvageable," Westlaw Journal – Environmental, August 15, 2012, Volume 33, Issue 2.
  • "Fight Increased Oversight Costs: Water Code Section 13365," Los Angeles Daily Journal, May 2, 2012.
  • 2011 Roundtable Series, Environmental Law, California Lawyer Magazine, December 2011.
  • "Six Critical Changes to General Permit Compliance," SCCA Magazine, September 1, 2011.
  • "The Coming Storm: EPA Should Devise a Stormwater Program That Gives Contractors More Geographical Flexibility," Constructor Magazine, August 1, 2011.
  • "Permits Cross-Examined: Assessing Potential Impacts of Revising the National Storm Water Program," Storm Water Solutions, April 2011.
  • "EPA to Regulate Coal-Combustion Residuals," Westlaw Journal--Environmental, January 5, 2011.
  • "Residential Contractors’ Defense Obligations in California," January 5, 2009.
  • "A Case of Mistaken Indemnity," Los Angeles Daily Journal, November 10, 2008.
  • "How to Minimize Potential Liability for Jobsite Injuries," Construction Executive, April 4, 2004.
  • "Court Makes Strides in Bias Reduction for Jury Selection," Los Angeles Daily Journal, July 24, 2002.

Speaking Engagements:

  • Public Assets: Risks, Rewards and Reducing Environmental Liabilities – CLM Alliance – Boston – July 14, 2016.
  • The New Coal Ash Regulations – Infocast Events, Inc.’s B2BWebinars.net – April 22, 2015.
  • Environmental and Toxic Tort – An Update On Relevant Environmental Issues From A Legal, Insurance & Technical Perspective – CLM Alliance 2015 Annual Conference – Palm Desert, California – March 27, 2015.
  • How And Where Are Most CCRS Currently Generated And Disposed – How Will That Change? – 4th Plant DDD Managing the Power Plant Decommissioning, Decontamination & Demolition Process – Charlotte, North Carolina – January 13, 2015.
  • Panel Presentation: Evaluation Of Coal Ash Remediation Solutions – 4th Plant DDD Managing the Power Plant Decommissioning, Decontamination & Demolition Process – Charlotte, North Carolina – January 13, 2015.
  • Construction Documentation: Best Practices & Sound Claims Management – American Road & Transportation Builder’s Association’s Academy – Snowbird, Utah – May, 2013.
  • The Quandaries of Managing Law Enforcement Misconduct & Lawsuits -- Public Agency Risk Managers Annual Conference (PARMA) -- February 2013.
  • California’s Green Chemistry Initiative -- Kutak Rock LLP’s Agribusiness Seminar -- August 2012.
  • Update on U.S. EPA’s Proposed Construction General Permit – ARTBA’s Regional Meeting -- December 2011.
  • How Will The U.S. EPA’s Proposed Construction Permit Affect You – ARTBA’s National Convention -- Monterey California -- October 2011.
  • The Storm Waters Are Rising: Troubling Trends for the Transportation Construction Industry -- ARTBA Webinar, May 2010.