Gardere's Public Policy Litigation Practice was launched to help its clients advance their interests against the multifaceted challenges presented by modern litigation. Litigation in the 21st century often requires the skill to address issues not only in the courtroom, but also in the forum of public opinion. In complex controversies, courthouse struggles are regularly impacted by simultaneous activity in the print and electronic media, as well as by regulatory and legislative activities, amicus curiae briefing and legal scholarship. Clients whose positions are challenged in these forums and who fail to engage in the public debate do so at their peril. The group works closely with Gardere's Government Affairs practice group to ensure coordination with legislative and regulatory efforts and to assist clients in dealing with the political process.
The group is chaired by partners Richard O. Faulk and John S. Gray. Mr. Faulk chairs Gardere's Litigation Department as well. He is not only a nationally recognized trial and appellate lawyer, but also a widely published legal scholar and a dynamic communicator. His leadership provides not only litigation expertise, but also solid communication skills in any other forum, whether it be the press, legislative chambers, or in scholarly debates or publications. As a result, he has a dynamic and unique ability to coordinate and represent clients' interests wherever they may be engaged. His comments are regularly sought by various judicial education programs, including those by the American Enterprise Institute and Brookings Institution and he has appeared before diverse forums ranging from legislative committees to the National Academy of Sciences. His efforts in the reform of scientific evidence standards, as well as in asbestos and public nuisance litigation have been exhaustive and are well-documented.
Partner John S. Gray also provides strong leadership through his diversified background as an outstanding litigator and as a degreed and registered professional engineer. Mr. Gray's experience in technical and scientific issues gives him a unique insight into the complexities of today's litigation environment. His prolific presentations, writings and publications include exhaustive analyses of the use and abuses of public nuisance litigation by public authorities and private counsel, the mass tort controversy regarding the use of gasoline additives and their involvement with water contamination, and the legal environment of global climate change.
To meet our clients' needs, the group regularly writes amicus curiae briefs on controversial subjects pending in courts throughout the United States. The group has filed amicus briefs on issues as varied as CERCLA cost recovery, FIFRA preemption, improper consolidation of mass tort litigation, scientific evidence admissibility and reliability, condemnation, sophisticated user and bulk seller limitations to chemical supplier liability, workers compensation exclusivity, duties owed to household members of asbestos workers, and the rights of public authorities to use private contingent fee counsel. These briefs have been filed before the United States Supreme Court as well as the Supreme Courts and intermediate appellate courts in Texas and other jurisdictions such as California, Minnesota, Missouri, Rhode Island and Wisconsin. Gardere's credibility as amicus counsel is enhanced by the prowess its members demonstrate as trial and appellate counsel in cases argued all the way from local trials through the Supreme Court of the United States. As such, our public policy views add unique practical insights that may not inform the academic opinions tendered by those without substantial litigation experience.
The group also maintains strong relationships with numerous publishers, and they write and speak out regularly on controversial issues. Those publishers include the Bureau of National Affairs (Toxics Law Reporter, Environmental Law Reporter, Product Liability Reporter, Class Action Reporter), LexisNexis (Mealey's Publications), Thompson-West Publishing (Andrews Publications), the Environmental Law Institute and numerous law reviews, journals, newspapers, and other media outlets.
The Public Policy LItigation Team also has strong connections to conference organizers and judicial education programs. For example, we speak regularly at the judicial education conferences organized by the American Enterprise Institute and the Brookings Institution. We have also presented to ALI-ABA, the American Tort Reform Association, the Texas Civil Justice League, the American Legislative Exchange Counsel and the United States Chamber of Commerce Institute for Legal Reform. We also speak and write for think tanks and organizations such as the American Law Institute, the Washington Legal Foundation and the Federalist Society. These organizations have the capacity to reach decision makers at all levels. We also speak and write regularly for professional organizations such as the American Bar Association, the Texas Bar Association, the Dallas Bar Association and the Houston Bar Association.
