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Profile of Mark Ter Molen
 

Mark Ter Molen

 
Partner - Mayer, Brown, Rowe & Maw LLP
 
Mark Ter Molen Email :
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Company Name : Mayer, Brown, Rowe & Maw LLP
 
Company Website : www.mayerbrownrowe.com
 
Company Address : 71 S. Wacker Dr.
, Chicago, IL,
United States,
 
Mark Ter Molen Profile :
Partner - Mayer, Brown, Rowe & Maw LLP
 
Mark Ter Molen Biography :

Experience:

Mark Ter Molen is a litigator and transactional attorney who focuses primarily on defending and prosecuting trials and appeals in state and federal courts. In addition, Mark represents clients in federal and state toxic tort trials and appeals, in complex environmental litigation and in environmental regulatory hearings and appeals conducted before state and federal agencies. He also provides general corporate counseling on environmental compliance issues and environmental concerns in the context of corporate transactions; supervises environmental remediations pursuant to various state and/or federal requirements; and conducts condemnation and property valuation actions.

Mark has been selected as an Illinois Leading Lawyer in Environmental Law and Toxic Tort Defense Law by the Law Bulletin Publishing Company's Leading Lawyers Network. In addition, he is listed in Chambers USA's "America's Leading Lawyers for Business" directory. In 1996, Mark was honored with the Illinois State Bar Association's John C. McAndrews Pro Bono Service Award.

Prior to joining Mayer Brown in 1988, Mark served as Law Clerk to The Honorable Charles Levin, Michigan Supreme Court, Southfield, Michigan (1987-1988).

Notable Engagements:

Toxic Tort Claims. Represents manufacturing and chemical clients in individual claims, "mass" claims, and class action toxic tort claims in federal and state courts, including defending class certification efforts. Experienced with medical claims alleging injuries due to heavy metal exposure, particle inhalation, benzene, PAHs, dioxin, asbestos, airline disinsectants and inhalation of toxic fumes/gases. Also deals with property damage claims alleging diminution of value due to proximity to nuisance, contamination of soils and contamination of groundwater.

Governmental Enforcement Actions.Has represented manufacturing, chemical, and farming clients in governmental enforcement actions arising out of alleged violations of environmental laws and permits seeking significant fines and/or closure of the facility. Served as lead counsel in United States v. Tarkowski, resulting in first reported defeat of a USEPA demand to conduct a removal action.

Citizens' Suits. Has represented industrial clients in suits brought by citizens' groups seeking substantial fines for alleged violations of environmental laws and permits.

Asbestos Litigation. Counsel for Dow Chemical and Dow Chemical's Union Carbide subsidiary on all aspects of asbestos litigation, including developing defenses of particular products on a national basis, coordinating discovery on a national basis, interviewing and developing experts on a national basis, overseeing trials and trial preparation, developing and implementing settlement strategies, and developing removal and MDL strategies. Regional responsibilities for Dow Chemical and Union Carbide cases, including settlements and trials, in the Midwest and West, including California and Illinois. Successfully represented numerous other clients, including Caterpillar and Witco, in asbestos-related matters.

Governmental Cost Recovery Claims.Represents clients in federal and state courts in suits seeking to recover environmental cleanup costs, including dealing with issues of allocation and appropriate remediation.

Administrative Actions. Has represented clients in numerous environmentally-related agency proceedings, including administrative enforcement actions, permit hearings and appeals, and variance requests before the Illinois Pollution Control Board, and permit appeals and administrative enforcement actions before the United States Environmental Protection Agency.

Private Cost Recovery Claims. Has represented various clients in federal and state courts prosecuting and/or defending suits seeking recovery of cleanup costs, including experience with private CERCLA cost recovery actions as well as contractual cost recovery claims.

Environmental Disaster Response/Litigation.Has represented manufacturing and refining clients responding to industrial "disaster" incidents, such as plant explosions and sudden fires, including developing and implementing strategies for addressing legal, media, employee, and insurance issues, and handling lawsuits arising from the incidents.

General Environmental Counseling.Counsels a variety of clients on all aspects of environmental law, including wetlands, permitting issues, hazardous waste disposal, and liability risks.

Franchise Litigation. Has represented numerous franchisors in disputes with franchisees over various issues, such as termination of rights or refusal to grant a franchise, in federal and state courts and related licensing disputes.

Intellectual Property Litigation. Represents clients in disputes over rights to certain intellectual property.

Death Penalty Litigation.Served as lead counsel in People v. Jimerson, a seven-year effort that succeeded in persuading the Illinois Supreme Court in 1995 to reverse the conviction and death sentence of Verneal Jimerson, who was tried and convicted in 1985. During retrial, succeeded in establishing Jimerson's innocence and winning dismissal of the charges. Illinois Governor Edgar subsequently granted a pardon on the basis of innocence.

Civil Rights Litigation. Has prosecuted claims for violation of rights and wrongful imprisonment under federal civil rights laws and state counterpart tort claims, including Jimerson v. Capelli, et al., which resulted in a $36 million settlement for malicious prosecution and wrongful imprisonment.

Condemnation and Property Valuation Actions. Has represented mining and mining-related companies in condemnation and "takings" actions, including successful defense of condemnation of Midwest's largest limestone quarry. Developed and implemented legal, media and political strategies to negate the condemnation threat; and constructed detailed valuation testimony to successfully prosecute a "takings" claim against local government, thus eliminating certain governmental restrictions on client's utilization of reserves. Has litigated numerous cases requiring valuation of property allegedly damaged or "tainted" by environmental contamination.

Education:

University of Chicago Law School, JD, 1987, Cornell University, AB, magna cum laude, 1984.

 
Mark Ter Molen Colleagues :
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Duncan Abate

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David Abbott

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Karen Abbott

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Agnes Abosi

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Robin Abraham

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