Defending Climate Crisis Litigation: Strategies for High-Stakes Cases Following Climate Events

Whitney Cloud | DLA Piper LLP

Whitney Cloud is an experienced first-chair trial litigator who navigates complex business challenges in highly regulated industries on behalf of the world’s most recognizable brands. From competition and antitrust cases to emerging statutory liability connected to environmental, social and governance (ESG) initiatives, Whitney leads teams through the lifecycle of litigation: Identifying and resolving issues before they emerge all the way to winning on motion practice and appeal. Drawing on her background as a federal prosecutor and Chief of Appeals, Whitney excels at preemptively identifying the convergence points where state attorney general litigation meets mass action lawsuits, allowing her to craft comprehensive defense strategies that address all exposure points.

Across the life sciences, technology, and consumer goods sectors, Whitney’s ongoing tracking of judicial developments and regulatory shifts identify critical vulnerabilities and emerging risks that clients might otherwise overlook before they become mainstream litigation priorities. Combining her trial and appellate strengths, Whitney crafts litigation strategy to confront the novel statutory and tort liability clients face for the first time against aggressive litigants seeking to set precedent. In court, Whitney’s holistic understanding of both sides of the courtroom leads to distilled arguments that resonate, resulting in favorable rulings and resolutions against government and private plaintiff opponents.

Tanya Greene | DLA Piper LLP

Tanya Greene is a seasoned litigator who represents prominent corporations and businesses globally in complex, large-scale litigation. With extensive experience in managing consumer class actions and intricate single- and multi-plaintiff litigation, Tanya serves Fortune 500 clients across heavily regulated industries, including finance, technology, utilities, and petroleum. Tanya also specializes in advising companies on challenges related to wildfires, including the development and implementation of wildfire mitigation plans and policies.

In the realm of class actions, Tanya has successfully litigated and resolved a wide array of consumer-related claims, including those involving improper fee charges, breach of contract, product liability, and violations of the Fair Debt Collection Practices Act (FDCPA), the Rosenthal Act, the Consumer Legal Remedies Act, the Unfair Competition Law, and various other state consumer protection statutes. Tanya also devotes a substantial portion of her practice to appellate matters and has argued cases before the US Court of Appeals for the Ninth Circuit, the California Supreme Court, and several courts throughout California.

Chas Hamilton | DLA Piper LLP

Chas Hamilton is a business and commercial disputes attorney with extensive experience representing clients facing litigation, responding to government inquiries, and conducting internal investigations. For more than a decade, Chas has represented companies across a broad set of industries, including the technology, consumer goods, public utilities, professional services, healthcare, and sports and entertainment sectors. Chas’ work includes advising corporate boards and executive leadership teams in response to sensitive legal, governance, and reputational issues.

Dave Freeburg | DLA Piper LLP

David Freeburg brings his lengthy experience with high stakes litigation to DLA Piper’s global presence. His commercial litigation practice focuses on complex claims for fraud, breach of contract, and violations of state and federal statutes governing sophisticated clients across the country. He has particular expertise in the resolution of securities litigation and cross-border legal disputes.

He has represented corporations, board members, and executives across a wide range of industries, including private equity, finance, commercial real estate, manufacturing, telecom, healthcare, mortgage lending, and investment management.

I. Developing defensible disaster response protocols before a climate event occurs | 1:00pm – 1:20pm

II. Managing the first 48 hours: Legal, regulatory, and communications playbooks | 1:20pm – 1:40pm

III. Defining and narrowing claims at the pleading stage | 1:40pm – 2:00pm

Break | 2:00pm – 2:10pm

IV. Strategies for defeating class certification and managing mass tort exposure | 2:10pm – 2:30pm

V. Coordinating federal, state, and local investigations and litigation | 2:30pm – 2:50pm

VI. Leveraging expert testimony and scientific evidence in causation and damages | 2:50pm – 3:10pm