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During his 30-year career, Will has consistently led clients to successful outcomes in their most sensitive and high exposure class action, MDL, and related regulatory matters. From litigating high-stakes tobacco class actions at the turn of the century, to defending massive data breach litigation in the last decade,\u0026nbsp;and\u0026nbsp;winning several lucrative antitrust opt-out settlements more recently, Will has played a key role in much of the leading complex litigation of the era and led clients to tremendous success on both sides of the \u0026ldquo;v.\u0026rdquo; In particular,\u0026nbsp;he\u0026nbsp;has deep experience in litigating consumer, products, and antitrust class actions, commercial disputes, and managing internal investigations.\u0026nbsp;[[--readmore--]]\u003c/p\u003e\n\u003cp\u003ePrior to\u0026nbsp;rejoining King \u0026amp; Spalding, where he worked earlier in his career, Will\u0026nbsp;served as Associate General Counsel\u0026nbsp;for\u0026nbsp;The Home Depot and\u0026nbsp;was a member of the\u0026nbsp;company\u0026rsquo;s\u0026nbsp;Legal Senior Leadership Team.\u0026nbsp;As leader of\u0026nbsp;The Home Depot\u0026rsquo;s\u0026nbsp;commercial litigation team for more than ten years, he\u0026nbsp;was responsible for\u0026nbsp;the\u0026nbsp;company\u0026rsquo;s most significant commercial and business litigation,\u0026nbsp;which\u0026nbsp;frequently\u0026nbsp;challenged core aspects of the company\u0026rsquo;s business. During his\u0026nbsp;21-year tenure\u0026nbsp;with The Home Depot,\u0026nbsp;Will\u0026nbsp;led the successful defense\u0026nbsp;of several hundred class\u0026nbsp;actions, created and led the company\u0026rsquo;s recovery litigation program,\u0026nbsp;and\u0026nbsp;successfully managed multiple high-profile investigations\u0026nbsp;and favorably resolved significant related regulatory matters, including with the United States Department of Justice, the United States Environmental Protection Agency, and multi-state Attorney General groups. Will has been described by a Fortune 20 GC as \"an exceptionally talented lawyer, strong leader and trusted counsel to senior level executives.\"\u003c/p\u003e\n\u003cp\u003eA recognized thought leader in complex litigation,\u0026nbsp;Will\u0026nbsp;argued before the U.S. Supreme Court in the 2019 term\u0026mdash;one of the few in-house\u0026nbsp;counsel\u0026nbsp;to do so. He received the\u0026nbsp;Atlanta Business Chronicle\u0026rsquo;s Corporate Counsel Award for Advocacy in 2016 and has authored seven law review articles. His recent works,\u0026nbsp;Misunderstanding Original Jurisdiction\u0026nbsp;and\u0026nbsp;There Is No Conservative Case for Class Actions,\u0026nbsp;ranked among the top SSRN downloads in Federal Courts and Jurisdiction. He\u0026nbsp;frequently\u0026nbsp;lectures on class actions, MDL litigation, and internal investigations, and teaches Complex Litigation at the University of Tennessee\u0026nbsp;Winston\u0026nbsp;College of Law, where he earned the Harold C. Warner Outstanding\u0026nbsp;Adjunct\u0026nbsp;Professor Award in 2025.\u0026nbsp;\u003c/p\u003e\n\u003cp\u003eWill\u0026nbsp;chaired the Board of Georgians for Lawsuit Reform,\u0026nbsp;which was\u0026nbsp;instrumental in passing Georgia\u0026rsquo;s 2025 tort reform legislation. He also serves as Chair of the Class Actions Section for the State Bar of Georgia and is a former President of the Atlanta Legal Aid Society. Will\u0026nbsp;played\u0026nbsp;varsity college basketball at Sewanee and is a member of the American Law Institute.\u003c/p\u003e","slug":"william-barnette-2","email":"wbarnette@kslaw.com ","phone":null,"matters":["\u003cp\u003eRepresenting national retailer in series of class actions alleging consumer fraud related to pricing practices, e.g., Berger v. Home Depot U.S.A., Inc., No. 24-01435 (N.D. Ga.)\u003c/p\u003e","\u003cp\u003eRepresenting national retailer in antitrust MDL class action alleging price-fixing related to algorithmic pricing, In re: Construction Equipment Rental Antitrust Litigation, MDL No. 3152 (N.D. Ill.)\u003c/p\u003e","\u003cp\u003eWon reversal of order finding violation of federal labor law,\u0026nbsp;\u003cem\u003eHome Depot USA, Inc. v. NLRB\u003c/em\u003e, 2025 U.S. App. Lexis 29091 (8th Cir. 11/6/25)*\u0026nbsp;\u003c/p\u003e","\u003cp\u003eWon three ERISA class actions alleging breaches of fiduciary duty in management of 401(k)\u0026nbsp;plan,\u0026nbsp;\u003cem\u003eCano v. Home Depot USA, Inc.\u003c/em\u003e, 2025 U.S. Dist. Lexis 176101 (N.D. Ga. 8/26/25);\u0026nbsp;\u003cem\u003ePizarro v. Home Depot USA, Inc.\u003c/em\u003e, 111 F.4th 1165 (11th Cir. 2024);\u0026nbsp;\u003cem\u003eLanfear v. Home Depot USA, Inc.\u003c/em\u003e, 679 F.3d 1267 (11th Cir. 2012)*\u0026nbsp;\u003c/p\u003e","\u003cp\u003eSuccessfully litigated to favorable resolution of massive data breach/privacy class actions,\u0026nbsp;\u003cem\u003eIn re: The Home Depot Customer Data Security Breach Litig.\u003c/em\u003e, MDL No. 2583 (N.D. Ga. 2014)*\u0026nbsp;\u003c/p\u003e","\u003cp\u003eSuccessfully litigated to favorable resolution of eight class actions alleging product defects in sale of builiding materials,\u0026nbsp;\u003cem\u003eIn re: Chinese-Manufactured Drywall Products Liability Litig.\u003c/em\u003e, MDL No. 2047 (E.D. La. 2012)*\u0026nbsp;\u003c/p\u003e","\u003cp\u003eWon series of eight class actions alleging product defects and consumer fraud in sale of pressure-treated lumber,\u003cem\u003e\u0026nbsp;e.g.\u003c/em\u003e,\u0026nbsp;\u003cem\u003eKitzes v. Home Depot USA, Inc.\u003c/em\u003e, 374 Ill. 3d 1053 (Ill. 1st Dist. 2007)*\u0026nbsp;\u003c/p\u003e","\u003cp\u003eWon series of 20 class actions alleging consumer fraud in tool rental business and sale of damage waivers,\u0026nbsp;\u003cem\u003ee.g., Mathews v. Home Depot USA, Inc.\u003c/em\u003e, 2025 U.S. Dist. Lexis 82577 (N.D. Ga. 2/14/25);\u0026nbsp;\u003cem\u003eBerger v. Home Depot\u003c/em\u003e, 741 F.3d 1061 (9th Cir. 2014);\u0026nbsp;\u003cem\u003eChochorowski v. Home Depot USA, Inc.\u003c/em\u003e, 404 S.W. 3d 220 (Mo. 2013);\u0026nbsp;\u003cem\u003eRickher v. Home Depot USA, Inc.\u003c/em\u003e, 535 F.3d 661 (7th Cir. 2008);\u0026nbsp;\u003cem\u003eO\u0026rsquo;Neill v. Home Depot USA, Inc.\u003c/em\u003e, 243 F.R.D. 469 (S.D. Fla. 2006)*\u0026nbsp;\u003c/p\u003e","\u003cp\u003eWon series of four class actions challenging pricing practices and alleging consumer fraud and breach of contract in sale of flooring installation services,\u0026nbsp;\u003cem\u003ee.g.\u003c/em\u003e,\u0026nbsp;\u003cem\u003eMarino v. Home Depot USA, Inc.\u003c/em\u003e, 245 F.R.D. 729 (S.D. Fla. 2007)*\u0026nbsp;\u003c/p\u003e","\u003cp\u003eWon series of three class actions alleging product defects in sale of dryer vents,\u0026nbsp;\u003cem\u003ee.g.\u003c/em\u003e,\u0026nbsp;\u003cem\u003eGoldstein v. Home Depot USA, Inc.\u003c/em\u003e, 609 F. Supp. 2d 1340 (N.D. Ga. 2009)\u0026nbsp;*\u0026nbsp;\u003c/p\u003e","\u003cp\u003eWon series of three class actions challenging permitting and licensing practices,\u0026nbsp;\u003cem\u003ee.g.\u003c/em\u003e,\u0026nbsp;\u003cem\u003eVarnes v. Home Depot USA, Inc.\u003c/em\u003e, 2015 U.S. Dist. Lexis 118592 (M.D. Fla. 9/4/15);\u0026nbsp;\u003cem\u003eWillard v. Home Depot\u003c/em\u003e, 2009 U.S. Dist. Lexis 113493 (N.D. Fla. 12/7/09)*\u0026nbsp;\u003c/p\u003e","\u003cp\u003eDefense trial team member in state-wide class action seeking medical monitoring and smoking cessation,\u0026nbsp;\u003cem\u003eScott v. Am. Tobacco Co.\u003c/em\u003e, 725 So. 2d 10 (La. 4th Cir. 1998)\u0026nbsp;\u003c/p\u003e","\u003cp\u003eWon dismissal of securities fraud class action and affirmance on appeal,\u0026nbsp;\u003cem\u003eMizzaro v. Home Depot, Inc.\u003c/em\u003e, 544 F.3d 1230 (11th Cir. 2008)*\u0026nbsp;\u003c/p\u003e","\u003cp\u003eWon series of individual smoking and health jury trials,\u0026nbsp;\u003cem\u003ee.g.\u003c/em\u003e,\u0026nbsp;\u003cem\u003eEiser v. Brown \u0026amp; Williamson Tobacco Corp.\u003c/em\u003e, 2005 Phila. Ct. Common Pleas Lexis 43 (2005)\u0026nbsp;\u003c/p\u003e","\u003cp\u003eRecovery\u0026nbsp;\u003c/p\u003e","\u003cp\u003eSuccessfully litigated opt-out claims to favorable resolution in multidistrict antitrust litigation arising from payment card interchange fee-setting allegations,\u0026nbsp;\u003cem\u003eIn re: Payment Card Inter. Fee and Merchant Disc. Antitrust Litig.\u003c/em\u003e, MDL No. 1720 (E.D. N.Y. 2010)*\u0026nbsp;\u003c/p\u003e","\u003cp\u003eSuccessfully litigated opt-out claims to favorable resolution in multidistrict antitrust litigation arising from price-fixing allegations in sale of drywall,\u0026nbsp;\u003cem\u003eIn re: Domestic Drywall Antitrust Litig.\u003c/em\u003e, MDL No. 2437 (E.D. Pa. 2013)*\u0026nbsp;\u003c/p\u003e","\u003cp\u003eSuccessfully litigated opt-out claims to favorable resolution in antitrust litigation arising from price-fixing allegations in sale of oriented strand board,\u0026nbsp;\u003cem\u003eIn re: OSB Litig.\u003c/em\u003e, No. 06-826 (E.D. Pa. 2007)*\u0026nbsp;\u003c/p\u003e","\u003cp\u003eSuccessfully litigated opt-out claims to favorable resolution in multidistrict antitrust litigation arising from price-fixing allegations in sale of polyurethane foam,\u0026nbsp;\u003cem\u003eIn re: Polyurethane Foam Antitrust Litig.\u003c/em\u003e, MDL No. 2196 (N.D. Ohio 2010)*\u0026nbsp;\u003c/p\u003e","\u003cp\u003eSuccessfully litigated opt-out claims to favorable resolution in multidistrict antitrust litigation arising from price-fixing allegations in sale of Puerto Rican cabotage services,\u0026nbsp;\u003cem\u003eIn re: Puerto Rican Cabotage Antitrust Liig.\u003c/em\u003e, MDL No. 1960 (D. P.R. 2008)*\u0026nbsp;\u003c/p\u003e","\u003cp\u003eAppeals\u0026nbsp;\u003c/p\u003e","\u003cp\u003eDrafted amicus brief on behalf of Retail Litigation Center in the U.S. Supreme Court in Monsanto Co. v. Durnell, No. 24-1068\u003c/p\u003e","\u003cp\u003eArgued jurisdictional appeal under the Class Action Fairness Act,\u0026nbsp;\u003cem\u003eHome Depot v. Jackson\u003c/em\u003e, 139 S.Ct. 1743 (2019)*\u0026nbsp;\u003c/p\u003e","\u003cp\u003eArgued and won insurance policy and assignment of rights dispute,\u0026nbsp;\u003cem\u003eWoodfield v. Bowman\u003c/em\u003e, 193 F.3d 354 (5th Cir. 1999)\u0026nbsp;\u003c/p\u003e","\u003cp\u003eManaged successful appeal vacating striking of expert testimony,\u0026nbsp;\u003cem\u003eHome Depot USA, Inc. v. Lafarge N. Am., Inc.\u003c/em\u003e, 59 F.4th 55 (3d Cir. 2023)*\u0026nbsp;\u003c/p\u003e","\u003cp\u003eManaged successful appeals which twice vacated excessive class counsel fee awards,\u0026nbsp;\u003cem\u003eIn re: Home Depot, Inc., Customer Data Sec. Breach Litig.,\u003c/em\u003e\u0026nbsp;931 F.3d 1065 (11th Cir. 2019),\u0026nbsp;\u003cem\u003eon remand\u003c/em\u003e, 2022 U.S. App. Lexis 297 (11th Cir. 2022)*\u0026nbsp;\u003c/p\u003e","\u003cp\u003eManaged successful appeal vacating unfavorable class settlement and overly broad release,\u0026nbsp;\u003cem\u003eIn re: Payment Card Inter. Fee and Merchant Disc. Antitrust Litig.\u003c/em\u003e, 827 F.3d 223 (2d Cir. 2016)*\u0026nbsp;\u003c/p\u003e","\u003cp\u003eManaged successful jurisdictional appeal under the Class Action Fairness Act,\u0026nbsp;\u003cem\u003eFrederico v. Home Depot USA, Inc.\u003c/em\u003e, 507 F.3d 188 (3d Cir. 2007)*\u0026nbsp;\u003c/p\u003e","\u003cp\u003eManaged successful jurisdictional appeal under the Class Action Fairness Act,\u0026nbsp;\u003cem\u003eRickher v. Home Depot USA, Inc.\u003c/em\u003e, 2006 U.S. App. Lexis 32391 (7th Cir. 5/22/06)*\u0026nbsp;\u003c/p\u003e","\u003cp\u003eManaged drafting of amicus briefs supporting winning side in three recent significant U.S. Supreme Court cases,\u0026nbsp;\u003cem\u003eTransunion v. Ramirez\u003c/em\u003e, 141 S.Ct. 2190 (2021);\u0026nbsp;\u003cem\u003eFacebook v. Duguid\u003c/em\u003e, 141 S.Ct. 813 (2020);\u0026nbsp;\u003cem\u003eUnited States PTO v. Booking.com BV\u003c/em\u003e, 591 U.S, 549 (2020)*\u0026nbsp;\u003c/p\u003e","\u003cp\u003eInvestigations\u0026nbsp;\u003c/p\u003e","\u003cp\u003eSuccessfully managed internal investigations and resolved related regulatory matters involving various federal and state laws, including whistleblower laws, privacy laws, Toxic Substances Control Act, and Lacey Act\u0026nbsp;\u003c/p\u003e","\u003cp\u003e\u003cem\u003e*Representation while in-house counsel\u003c/em\u003e\u0026nbsp;\u003c/p\u003e"],"taggings":{"tags":[],"meta_tags":[]},"expertise":[{"id":3,"guid":"3.capabilities","index":0,"source":"capabilities"},{"id":129,"guid":"129.capabilities","index":1,"source":"capabilities"},{"id":2,"guid":"2.capabilities","index":2,"source":"capabilities"},{"id":5,"guid":"5.capabilities","index":3,"source":"capabilities"},{"id":19,"guid":"19.capabilities","index":4,"source":"capabilities"},{"id":7,"guid":"7.capabilities","index":5,"source":"capabilities"},{"id":17,"guid":"17.capabilities","index":6,"source":"capabilities"},{"id":16,"guid":"16.capabilities","index":7,"source":"capabilities"},{"id":111,"guid":"111.capabilities","index":8,"source":"capabilities"},{"id":107,"guid":"107.capabilities","index":9,"source":"capabilities"},{"id":127,"guid":"127.capabilities","index":10,"source":"capabilities"},{"id":764,"guid":"764.smart_tags","index":11,"source":"smartTags"},{"id":1176,"guid":"1176.smart_tags","index":12,"source":"smartTags"},{"id":502,"guid":"502.smart_tags","index":13,"source":"smartTags"},{"id":952,"guid":"952.smart_tags","index":14,"source":"smartTags"},{"id":1188,"guid":"1188.smart_tags","index":15,"source":"smartTags"},{"id":1199,"guid":"1199.smart_tags","index":16,"source":"smartTags"},{"id":1206,"guid":"1206.smart_tags","index":17,"source":"smartTags"},{"id":750,"guid":"750.smart_tags","index":18,"source":"smartTags"},{"id":74,"guid":"74.capabilities","index":19,"source":"capabilities"}],"is_active":true,"last_name":"Barnette","nick_name":"Will","clerkships":[{"name":"Law Clerk, Hon. Sol Gothard, Louisiana","years_held":"1995 - 1996"}],"first_name":"William","title_rank":9999,"updated_by":202,"law_schools":[{"id":1136,"meta":{"degree":"J.D.","honors":"magna cum laude","is_law_school":"1","graduation_date":"1995-01-01 00:00:00"},"order":0,"pin_order":null,"pin_expiration":null}],"middle_name":"P.","name_suffix":"","recognitions":[{"title":"Chairman-Board of Directors","detail":"Atlanta Legal Aid Society, 2020"},{"title":"Chairman-Class Actions Section","detail":"State Bar of Georgia, 2024-present "},{"title":"Chairman-Board of Directors","detail":"Georgians for Lawsuit Reform, 2023-25"},{"title":"General Counsel Pro Bono Award","detail":"The Home Depot, 2020"},{"title":"Store Support Excellence Award","detail":"The Home Depot, 2024"},{"title":"Corporate Counsel Advocacy Award","detail":"Atlanta Business Chronicle, 2016"},{"title":"Member","detail":"American Law Institute, 2025-present"},{"title":"Harold C. Warner Outstanding Adjunct Professor Award","detail":"University of Tennessee Winston College of Law, 2025"},{"title":"Litigation Counsel of America Senior Fellow","detail":"2024-present"},{"title":"Litigation Counsel of America Fellow ","detail":"2019-2023"}],"linked_in_url":null,"seodescription":null,"primary_title_id":15,"translated_fields":{"en":{"bio":"\u003cp\u003eWill Barnette is a partner in the Atlanta office of King \u0026amp; Spalding, where he is a member of the firm\u0026rsquo;s business litigation practice and class action defense group. During his 30-year career, Will has consistently led clients to successful outcomes in their most sensitive and high exposure class action, MDL, and related regulatory matters. From litigating high-stakes tobacco class actions at the turn of the century, to defending massive data breach litigation in the last decade,\u0026nbsp;and\u0026nbsp;winning several lucrative antitrust opt-out settlements more recently, Will has played a key role in much of the leading complex litigation of the era and led clients to tremendous success on both sides of the \u0026ldquo;v.\u0026rdquo; In particular,\u0026nbsp;he\u0026nbsp;has deep experience in litigating consumer, products, and antitrust class actions, commercial disputes, and managing internal investigations.\u0026nbsp;[[--readmore--]]\u003c/p\u003e\n\u003cp\u003ePrior to\u0026nbsp;rejoining King \u0026amp; Spalding, where he worked earlier in his career, Will\u0026nbsp;served as Associate General Counsel\u0026nbsp;for\u0026nbsp;The Home Depot and\u0026nbsp;was a member of the\u0026nbsp;company\u0026rsquo;s\u0026nbsp;Legal Senior Leadership Team.\u0026nbsp;As leader of\u0026nbsp;The Home Depot\u0026rsquo;s\u0026nbsp;commercial litigation team for more than ten years, he\u0026nbsp;was responsible for\u0026nbsp;the\u0026nbsp;company\u0026rsquo;s most significant commercial and business litigation,\u0026nbsp;which\u0026nbsp;frequently\u0026nbsp;challenged core aspects of the company\u0026rsquo;s business. During his\u0026nbsp;21-year tenure\u0026nbsp;with The Home Depot,\u0026nbsp;Will\u0026nbsp;led the successful defense\u0026nbsp;of several hundred class\u0026nbsp;actions, created and led the company\u0026rsquo;s recovery litigation program,\u0026nbsp;and\u0026nbsp;successfully managed multiple high-profile investigations\u0026nbsp;and favorably resolved significant related regulatory matters, including with the United States Department of Justice, the United States Environmental Protection Agency, and multi-state Attorney General groups. Will has been described by a Fortune 20 GC as \"an exceptionally talented lawyer, strong leader and trusted counsel to senior level executives.\"\u003c/p\u003e\n\u003cp\u003eA recognized thought leader in complex litigation,\u0026nbsp;Will\u0026nbsp;argued before the U.S. Supreme Court in the 2019 term\u0026mdash;one of the few in-house\u0026nbsp;counsel\u0026nbsp;to do so. He received the\u0026nbsp;Atlanta Business Chronicle\u0026rsquo;s Corporate Counsel Award for Advocacy in 2016 and has authored seven law review articles. His recent works,\u0026nbsp;Misunderstanding Original Jurisdiction\u0026nbsp;and\u0026nbsp;There Is No Conservative Case for Class Actions,\u0026nbsp;ranked among the top SSRN downloads in Federal Courts and Jurisdiction. He\u0026nbsp;frequently\u0026nbsp;lectures on class actions, MDL litigation, and internal investigations, and teaches Complex Litigation at the University of Tennessee\u0026nbsp;Winston\u0026nbsp;College of Law, where he earned the Harold C. Warner Outstanding\u0026nbsp;Adjunct\u0026nbsp;Professor Award in 2025.\u0026nbsp;\u003c/p\u003e\n\u003cp\u003eWill\u0026nbsp;chaired the Board of Georgians for Lawsuit Reform,\u0026nbsp;which was\u0026nbsp;instrumental in passing Georgia\u0026rsquo;s 2025 tort reform legislation. He also serves as Chair of the Class Actions Section for the State Bar of Georgia and is a former President of the Atlanta Legal Aid Society. Will\u0026nbsp;played\u0026nbsp;varsity college basketball at Sewanee and is a member of the American Law Institute.\u003c/p\u003e","matters":["\u003cp\u003eRepresenting national retailer in series of class actions alleging consumer fraud related to pricing practices, e.g., Berger v. Home Depot U.S.A., Inc., No. 24-01435 (N.D. Ga.)\u003c/p\u003e","\u003cp\u003eRepresenting national retailer in antitrust MDL class action alleging price-fixing related to algorithmic pricing, In re: Construction Equipment Rental Antitrust Litigation, MDL No. 3152 (N.D. Ill.)\u003c/p\u003e","\u003cp\u003eWon reversal of order finding violation of federal labor law,\u0026nbsp;\u003cem\u003eHome Depot USA, Inc. v. NLRB\u003c/em\u003e, 2025 U.S. App. Lexis 29091 (8th Cir. 11/6/25)*\u0026nbsp;\u003c/p\u003e","\u003cp\u003eWon three ERISA class actions alleging breaches of fiduciary duty in management of 401(k)\u0026nbsp;plan,\u0026nbsp;\u003cem\u003eCano v. Home Depot USA, Inc.\u003c/em\u003e, 2025 U.S. Dist. Lexis 176101 (N.D. Ga. 8/26/25);\u0026nbsp;\u003cem\u003ePizarro v. Home Depot USA, Inc.\u003c/em\u003e, 111 F.4th 1165 (11th Cir. 2024);\u0026nbsp;\u003cem\u003eLanfear v. Home Depot USA, Inc.\u003c/em\u003e, 679 F.3d 1267 (11th Cir. 2012)*\u0026nbsp;\u003c/p\u003e","\u003cp\u003eSuccessfully litigated to favorable resolution of massive data breach/privacy class actions,\u0026nbsp;\u003cem\u003eIn re: The Home Depot Customer Data Security Breach Litig.\u003c/em\u003e, MDL No. 2583 (N.D. Ga. 2014)*\u0026nbsp;\u003c/p\u003e","\u003cp\u003eSuccessfully litigated to favorable resolution of eight class actions alleging product defects in sale of builiding materials,\u0026nbsp;\u003cem\u003eIn re: Chinese-Manufactured Drywall Products Liability Litig.\u003c/em\u003e, MDL No. 2047 (E.D. La. 2012)*\u0026nbsp;\u003c/p\u003e","\u003cp\u003eWon series of eight class actions alleging product defects and consumer fraud in sale of pressure-treated lumber,\u003cem\u003e\u0026nbsp;e.g.\u003c/em\u003e,\u0026nbsp;\u003cem\u003eKitzes v. Home Depot USA, Inc.\u003c/em\u003e, 374 Ill. 3d 1053 (Ill. 1st Dist. 2007)*\u0026nbsp;\u003c/p\u003e","\u003cp\u003eWon series of 20 class actions alleging consumer fraud in tool rental business and sale of damage waivers,\u0026nbsp;\u003cem\u003ee.g., Mathews v. Home Depot USA, Inc.\u003c/em\u003e, 2025 U.S. Dist. Lexis 82577 (N.D. Ga. 2/14/25);\u0026nbsp;\u003cem\u003eBerger v. Home Depot\u003c/em\u003e, 741 F.3d 1061 (9th Cir. 2014);\u0026nbsp;\u003cem\u003eChochorowski v. Home Depot USA, Inc.\u003c/em\u003e, 404 S.W. 3d 220 (Mo. 2013);\u0026nbsp;\u003cem\u003eRickher v. Home Depot USA, Inc.\u003c/em\u003e, 535 F.3d 661 (7th Cir. 2008);\u0026nbsp;\u003cem\u003eO\u0026rsquo;Neill v. Home Depot USA, Inc.\u003c/em\u003e, 243 F.R.D. 469 (S.D. Fla. 2006)*\u0026nbsp;\u003c/p\u003e","\u003cp\u003eWon series of four class actions challenging pricing practices and alleging consumer fraud and breach of contract in sale of flooring installation services,\u0026nbsp;\u003cem\u003ee.g.\u003c/em\u003e,\u0026nbsp;\u003cem\u003eMarino v. Home Depot USA, Inc.\u003c/em\u003e, 245 F.R.D. 729 (S.D. Fla. 2007)*\u0026nbsp;\u003c/p\u003e","\u003cp\u003eWon series of three class actions alleging product defects in sale of dryer vents,\u0026nbsp;\u003cem\u003ee.g.\u003c/em\u003e,\u0026nbsp;\u003cem\u003eGoldstein v. Home Depot USA, Inc.\u003c/em\u003e, 609 F. Supp. 2d 1340 (N.D. Ga. 2009)\u0026nbsp;*\u0026nbsp;\u003c/p\u003e","\u003cp\u003eWon series of three class actions challenging permitting and licensing practices,\u0026nbsp;\u003cem\u003ee.g.\u003c/em\u003e,\u0026nbsp;\u003cem\u003eVarnes v. Home Depot USA, Inc.\u003c/em\u003e, 2015 U.S. Dist. Lexis 118592 (M.D. Fla. 9/4/15);\u0026nbsp;\u003cem\u003eWillard v. Home Depot\u003c/em\u003e, 2009 U.S. Dist. Lexis 113493 (N.D. Fla. 12/7/09)*\u0026nbsp;\u003c/p\u003e","\u003cp\u003eDefense trial team member in state-wide class action seeking medical monitoring and smoking cessation,\u0026nbsp;\u003cem\u003eScott v. Am. Tobacco Co.\u003c/em\u003e, 725 So. 2d 10 (La. 4th Cir. 1998)\u0026nbsp;\u003c/p\u003e","\u003cp\u003eWon dismissal of securities fraud class action and affirmance on appeal,\u0026nbsp;\u003cem\u003eMizzaro v. Home Depot, Inc.\u003c/em\u003e, 544 F.3d 1230 (11th Cir. 2008)*\u0026nbsp;\u003c/p\u003e","\u003cp\u003eWon series of individual smoking and health jury trials,\u0026nbsp;\u003cem\u003ee.g.\u003c/em\u003e,\u0026nbsp;\u003cem\u003eEiser v. Brown \u0026amp; Williamson Tobacco Corp.\u003c/em\u003e, 2005 Phila. Ct. Common Pleas Lexis 43 (2005)\u0026nbsp;\u003c/p\u003e","\u003cp\u003eRecovery\u0026nbsp;\u003c/p\u003e","\u003cp\u003eSuccessfully litigated opt-out claims to favorable resolution in multidistrict antitrust litigation arising from payment card interchange fee-setting allegations,\u0026nbsp;\u003cem\u003eIn re: Payment Card Inter. Fee and Merchant Disc. Antitrust Litig.\u003c/em\u003e, MDL No. 1720 (E.D. N.Y. 2010)*\u0026nbsp;\u003c/p\u003e","\u003cp\u003eSuccessfully litigated opt-out claims to favorable resolution in multidistrict antitrust litigation arising from price-fixing allegations in sale of drywall,\u0026nbsp;\u003cem\u003eIn re: Domestic Drywall Antitrust Litig.\u003c/em\u003e, MDL No. 2437 (E.D. Pa. 2013)*\u0026nbsp;\u003c/p\u003e","\u003cp\u003eSuccessfully litigated opt-out claims to favorable resolution in antitrust litigation arising from price-fixing allegations in sale of oriented strand board,\u0026nbsp;\u003cem\u003eIn re: OSB Litig.\u003c/em\u003e, No. 06-826 (E.D. Pa. 2007)*\u0026nbsp;\u003c/p\u003e","\u003cp\u003eSuccessfully litigated opt-out claims to favorable resolution in multidistrict antitrust litigation arising from price-fixing allegations in sale of polyurethane foam,\u0026nbsp;\u003cem\u003eIn re: Polyurethane Foam Antitrust Litig.\u003c/em\u003e, MDL No. 2196 (N.D. Ohio 2010)*\u0026nbsp;\u003c/p\u003e","\u003cp\u003eSuccessfully litigated opt-out claims to favorable resolution in multidistrict antitrust litigation arising from price-fixing allegations in sale of Puerto Rican cabotage services,\u0026nbsp;\u003cem\u003eIn re: Puerto Rican Cabotage Antitrust Liig.\u003c/em\u003e, MDL No. 1960 (D. P.R. 2008)*\u0026nbsp;\u003c/p\u003e","\u003cp\u003eAppeals\u0026nbsp;\u003c/p\u003e","\u003cp\u003eDrafted amicus brief on behalf of Retail Litigation Center in the U.S. Supreme Court in Monsanto Co. v. Durnell, No. 24-1068\u003c/p\u003e","\u003cp\u003eArgued jurisdictional appeal under the Class Action Fairness Act,\u0026nbsp;\u003cem\u003eHome Depot v. Jackson\u003c/em\u003e, 139 S.Ct. 1743 (2019)*\u0026nbsp;\u003c/p\u003e","\u003cp\u003eArgued and won insurance policy and assignment of rights dispute,\u0026nbsp;\u003cem\u003eWoodfield v. Bowman\u003c/em\u003e, 193 F.3d 354 (5th Cir. 1999)\u0026nbsp;\u003c/p\u003e","\u003cp\u003eManaged successful appeal vacating striking of expert testimony,\u0026nbsp;\u003cem\u003eHome Depot USA, Inc. v. Lafarge N. Am., Inc.\u003c/em\u003e, 59 F.4th 55 (3d Cir. 2023)*\u0026nbsp;\u003c/p\u003e","\u003cp\u003eManaged successful appeals which twice vacated excessive class counsel fee awards,\u0026nbsp;\u003cem\u003eIn re: Home Depot, Inc., Customer Data Sec. Breach Litig.,\u003c/em\u003e\u0026nbsp;931 F.3d 1065 (11th Cir. 2019),\u0026nbsp;\u003cem\u003eon remand\u003c/em\u003e, 2022 U.S. App. Lexis 297 (11th Cir. 2022)*\u0026nbsp;\u003c/p\u003e","\u003cp\u003eManaged successful appeal vacating unfavorable class settlement and overly broad release,\u0026nbsp;\u003cem\u003eIn re: Payment Card Inter. Fee and Merchant Disc. Antitrust Litig.\u003c/em\u003e, 827 F.3d 223 (2d Cir. 2016)*\u0026nbsp;\u003c/p\u003e","\u003cp\u003eManaged successful jurisdictional appeal under the Class Action Fairness Act,\u0026nbsp;\u003cem\u003eFrederico v. Home Depot USA, Inc.\u003c/em\u003e, 507 F.3d 188 (3d Cir. 2007)*\u0026nbsp;\u003c/p\u003e","\u003cp\u003eManaged successful jurisdictional appeal under the Class Action Fairness Act,\u0026nbsp;\u003cem\u003eRickher v. Home Depot USA, Inc.\u003c/em\u003e, 2006 U.S. App. Lexis 32391 (7th Cir. 5/22/06)*\u0026nbsp;\u003c/p\u003e","\u003cp\u003eManaged drafting of amicus briefs supporting winning side in three recent significant U.S. Supreme Court cases,\u0026nbsp;\u003cem\u003eTransunion v. Ramirez\u003c/em\u003e, 141 S.Ct. 2190 (2021);\u0026nbsp;\u003cem\u003eFacebook v. Duguid\u003c/em\u003e, 141 S.Ct. 813 (2020);\u0026nbsp;\u003cem\u003eUnited States PTO v. Booking.com BV\u003c/em\u003e, 591 U.S, 549 (2020)*\u0026nbsp;\u003c/p\u003e","\u003cp\u003eInvestigations\u0026nbsp;\u003c/p\u003e","\u003cp\u003eSuccessfully managed internal investigations and resolved related regulatory matters involving various federal and state laws, including whistleblower laws, privacy laws, Toxic Substances Control Act, and Lacey Act\u0026nbsp;\u003c/p\u003e","\u003cp\u003e\u003cem\u003e*Representation while in-house counsel\u003c/em\u003e\u0026nbsp;\u003c/p\u003e"],"recognitions":[{"title":"Chairman-Board of Directors","detail":"Atlanta Legal Aid Society, 2020"},{"title":"Chairman-Class Actions Section","detail":"State Bar of Georgia, 2024-present "},{"title":"Chairman-Board of Directors","detail":"Georgians for Lawsuit Reform, 2023-25"},{"title":"General Counsel Pro Bono Award","detail":"The Home Depot, 2020"},{"title":"Store Support Excellence Award","detail":"The Home Depot, 2024"},{"title":"Corporate Counsel Advocacy Award","detail":"Atlanta Business Chronicle, 2016"},{"title":"Member","detail":"American Law Institute, 2025-present"},{"title":"Harold C. Warner Outstanding Adjunct Professor Award","detail":"University of Tennessee Winston College of Law, 2025"},{"title":"Litigation Counsel of America Senior Fellow","detail":"2024-present"},{"title":"Litigation Counsel of America Fellow ","detail":"2019-2023"}]},"locales":["en"]},"secondary_title_id":null,"upload_assignments":{"headshot":[{"id":13228}]},"capability_group_id":3},"created_at":"2026-03-31T22:04:40.000Z","updated_at":"2026-03-31T22:04:40.000Z","searchable_text":"Barnette{{ FIELD }}{:title=\u0026gt;\"Chairman-Board of Directors\", :detail=\u0026gt;\"Atlanta Legal Aid Society, 2020\"}{{ FIELD }}{:title=\u0026gt;\"Chairman-Class Actions Section\", :detail=\u0026gt;\"State Bar of Georgia, 2024-present \"}{{ FIELD }}{:title=\u0026gt;\"Chairman-Board of Directors\", :detail=\u0026gt;\"Georgians for Lawsuit Reform, 2023-25\"}{{ FIELD }}{:title=\u0026gt;\"General Counsel Pro Bono Award\", :detail=\u0026gt;\"The Home Depot, 2020\"}{{ FIELD }}{:title=\u0026gt;\"Store Support Excellence Award\", :detail=\u0026gt;\"The Home Depot, 2024\"}{{ FIELD }}{:title=\u0026gt;\"Corporate Counsel Advocacy Award\", :detail=\u0026gt;\"Atlanta Business Chronicle, 2016\"}{{ FIELD }}{:title=\u0026gt;\"Member\", :detail=\u0026gt;\"American Law Institute, 2025-present\"}{{ FIELD }}{:title=\u0026gt;\"Harold C. Warner Outstanding Adjunct Professor Award\", :detail=\u0026gt;\"University of Tennessee Winston College of Law, 2025\"}{{ FIELD }}{:title=\u0026gt;\"Litigation Counsel of America Senior Fellow\", :detail=\u0026gt;\"2024-present\"}{{ FIELD }}{:title=\u0026gt;\"Litigation Counsel of America Fellow \", :detail=\u0026gt;\"2019-2023\"}{{ FIELD }}Representing national retailer in series of class actions alleging consumer fraud related to pricing practices, e.g., Berger v. Home Depot U.S.A., Inc., No. 24-01435 (N.D. Ga.){{ FIELD }}Representing national retailer in antitrust MDL class action alleging price-fixing related to algorithmic pricing, In re: Construction Equipment Rental Antitrust Litigation, MDL No. 3152 (N.D. Ill.){{ FIELD }}Won reversal of order finding violation of federal labor law, Home Depot USA, Inc. v. NLRB, 2025 U.S. App. Lexis 29091 (8th Cir. 11/6/25)* {{ FIELD }}Won three ERISA class actions alleging breaches of fiduciary duty in management of 401(k) plan, Cano v. Home Depot USA, Inc., 2025 U.S. Dist. Lexis 176101 (N.D. Ga. 8/26/25); Pizarro v. Home Depot USA, Inc., 111 F.4th 1165 (11th Cir. 2024); Lanfear v. Home Depot USA, Inc., 679 F.3d 1267 (11th Cir. 2012)* {{ FIELD }}Successfully litigated to favorable resolution of massive data breach/privacy class actions, In re: The Home Depot Customer Data Security Breach Litig., MDL No. 2583 (N.D. Ga. 2014)* {{ FIELD }}Successfully litigated to favorable resolution of eight class actions alleging product defects in sale of builiding materials, In re: Chinese-Manufactured Drywall Products Liability Litig., MDL No. 2047 (E.D. La. 2012)* {{ FIELD }}Won series of eight class actions alleging product defects and consumer fraud in sale of pressure-treated lumber, e.g., Kitzes v. Home Depot USA, Inc., 374 Ill. 3d 1053 (Ill. 1st Dist. 2007)* {{ FIELD }}Won series of 20 class actions alleging consumer fraud in tool rental business and sale of damage waivers, e.g., Mathews v. Home Depot USA, Inc., 2025 U.S. Dist. Lexis 82577 (N.D. Ga. 2/14/25); Berger v. Home Depot, 741 F.3d 1061 (9th Cir. 2014); Chochorowski v. Home Depot USA, Inc., 404 S.W. 3d 220 (Mo. 2013); Rickher v. Home Depot USA, Inc., 535 F.3d 661 (7th Cir. 2008); O’Neill v. Home Depot USA, Inc., 243 F.R.D. 469 (S.D. Fla. 2006)* {{ FIELD }}Won series of four class actions challenging pricing practices and alleging consumer fraud and breach of contract in sale of flooring installation services, e.g., Marino v. Home Depot USA, Inc., 245 F.R.D. 729 (S.D. Fla. 2007)* {{ FIELD }}Won series of three class actions alleging product defects in sale of dryer vents, e.g., Goldstein v. Home Depot USA, Inc., 609 F. Supp. 2d 1340 (N.D. Ga. 2009) * {{ FIELD }}Won series of three class actions challenging permitting and licensing practices, e.g., Varnes v. Home Depot USA, Inc., 2015 U.S. Dist. Lexis 118592 (M.D. Fla. 9/4/15); Willard v. Home Depot, 2009 U.S. Dist. Lexis 113493 (N.D. Fla. 12/7/09)* {{ FIELD }}Defense trial team member in state-wide class action seeking medical monitoring and smoking cessation, Scott v. Am. Tobacco Co., 725 So. 2d 10 (La. 4th Cir. 1998) {{ FIELD }}Won dismissal of securities fraud class action and affirmance on appeal, Mizzaro v. Home Depot, Inc., 544 F.3d 1230 (11th Cir. 2008)* {{ FIELD }}Won series of individual smoking and health jury trials, e.g., Eiser v. Brown \u0026amp; Williamson Tobacco Corp., 2005 Phila. Ct. Common Pleas Lexis 43 (2005) {{ FIELD }}Recovery {{ FIELD }}Successfully litigated opt-out claims to favorable resolution in multidistrict antitrust litigation arising from payment card interchange fee-setting allegations, In re: Payment Card Inter. Fee and Merchant Disc. Antitrust Litig., MDL No. 1720 (E.D. N.Y. 2010)* {{ FIELD }}Successfully litigated opt-out claims to favorable resolution in multidistrict antitrust litigation arising from price-fixing allegations in sale of drywall, In re: Domestic Drywall Antitrust Litig., MDL No. 2437 (E.D. Pa. 2013)* {{ FIELD }}Successfully litigated opt-out claims to favorable resolution in antitrust litigation arising from price-fixing allegations in sale of oriented strand board, In re: OSB Litig., No. 06-826 (E.D. Pa. 2007)* {{ FIELD }}Successfully litigated opt-out claims to favorable resolution in multidistrict antitrust litigation arising from price-fixing allegations in sale of polyurethane foam, In re: Polyurethane Foam Antitrust Litig., MDL No. 2196 (N.D. Ohio 2010)* {{ FIELD }}Successfully litigated opt-out claims to favorable resolution in multidistrict antitrust litigation arising from price-fixing allegations in sale of Puerto Rican cabotage services, In re: Puerto Rican Cabotage Antitrust Liig., MDL No. 1960 (D. P.R. 2008)* {{ FIELD }}Appeals {{ FIELD }}Drafted amicus brief on behalf of Retail Litigation Center in the U.S. Supreme Court in Monsanto Co. v. Durnell, No. 24-1068{{ FIELD }}Argued jurisdictional appeal under the Class Action Fairness Act, Home Depot v. Jackson, 139 S.Ct. 1743 (2019)* {{ FIELD }}Argued and won insurance policy and assignment of rights dispute, Woodfield v. Bowman, 193 F.3d 354 (5th Cir. 1999) {{ FIELD }}Managed successful appeal vacating striking of expert testimony, Home Depot USA, Inc. v. Lafarge N. Am., Inc., 59 F.4th 55 (3d Cir. 2023)* {{ FIELD }}Managed successful appeals which twice vacated excessive class counsel fee awards, In re: Home Depot, Inc., Customer Data Sec. Breach Litig., 931 F.3d 1065 (11th Cir. 2019), on remand, 2022 U.S. App. Lexis 297 (11th Cir. 2022)* {{ FIELD }}Managed successful appeal vacating unfavorable class settlement and overly broad release, In re: Payment Card Inter. Fee and Merchant Disc. Antitrust Litig., 827 F.3d 223 (2d Cir. 2016)* {{ FIELD }}Managed successful jurisdictional appeal under the Class Action Fairness Act, Frederico v. Home Depot USA, Inc., 507 F.3d 188 (3d Cir. 2007)* {{ FIELD }}Managed successful jurisdictional appeal under the Class Action Fairness Act, Rickher v. Home Depot USA, Inc., 2006 U.S. App. Lexis 32391 (7th Cir. 5/22/06)* {{ FIELD }}Managed drafting of amicus briefs supporting winning side in three recent significant U.S. Supreme Court cases, Transunion v. Ramirez, 141 S.Ct. 2190 (2021); Facebook v. Duguid, 141 S.Ct. 813 (2020); United States PTO v. Booking.com BV, 591 U.S, 549 (2020)* {{ FIELD }}Investigations {{ FIELD }}Successfully managed internal investigations and resolved related regulatory matters involving various federal and state laws, including whistleblower laws, privacy laws, Toxic Substances Control Act, and Lacey Act {{ FIELD }}*Representation while in-house counsel {{ FIELD }}Will Barnette is a partner in the Atlanta office of King \u0026amp; Spalding, where he is a member of the firm’s business litigation practice and class action defense group. During his 30-year career, Will has consistently led clients to successful outcomes in their most sensitive and high exposure class action, MDL, and related regulatory matters. From litigating high-stakes tobacco class actions at the turn of the century, to defending massive data breach litigation in the last decade, and winning several lucrative antitrust opt-out settlements more recently, Will has played a key role in much of the leading complex litigation of the era and led clients to tremendous success on both sides of the “v.” In particular, he has deep experience in litigating consumer, products, and antitrust class actions, commercial disputes, and managing internal investigations. \nPrior to rejoining King \u0026amp; Spalding, where he worked earlier in his career, Will served as Associate General Counsel for The Home Depot and was a member of the company’s Legal Senior Leadership Team. As leader of The Home Depot’s commercial litigation team for more than ten years, he was responsible for the company’s most significant commercial and business litigation, which frequently challenged core aspects of the company’s business. During his 21-year tenure with The Home Depot, Will led the successful defense of several hundred class actions, created and led the company’s recovery litigation program, and successfully managed multiple high-profile investigations and favorably resolved significant related regulatory matters, including with the United States Department of Justice, the United States Environmental Protection Agency, and multi-state Attorney General groups. Will has been described by a Fortune 20 GC as \"an exceptionally talented lawyer, strong leader and trusted counsel to senior level executives.\"\nA recognized thought leader in complex litigation, Will argued before the U.S. Supreme Court in the 2019 term—one of the few in-house counsel to do so. He received the Atlanta Business Chronicle’s Corporate Counsel Award for Advocacy in 2016 and has authored seven law review articles. His recent works, Misunderstanding Original Jurisdiction and There Is No Conservative Case for Class Actions, ranked among the top SSRN downloads in Federal Courts and Jurisdiction. He frequently lectures on class actions, MDL litigation, and internal investigations, and teaches Complex Litigation at the University of Tennessee Winston College of Law, where he earned the Harold C. Warner Outstanding Adjunct Professor Award in 2025. \nWill chaired the Board of Georgians for Lawsuit Reform, which was instrumental in passing Georgia’s 2025 tort reform legislation. He also serves as Chair of the Class Actions Section for the State Bar of Georgia and is a former President of the Atlanta Legal Aid Society. Will played varsity college basketball at Sewanee and is a member of the American Law Institute. Partner Chairman-Board of Directors Atlanta Legal Aid Society, 2020 Chairman-Class Actions Section State Bar of Georgia, 2024-present  Chairman-Board of Directors Georgians for Lawsuit Reform, 2023-25 General Counsel Pro Bono Award The Home Depot, 2020 Store Support Excellence Award The Home Depot, 2024 Corporate Counsel Advocacy Award Atlanta Business Chronicle, 2016 Member American Law Institute, 2025-present Harold C. Warner Outstanding Adjunct Professor Award University of Tennessee Winston College of Law, 2025 Litigation Counsel of America Senior Fellow 2024-present Litigation Counsel of America Fellow  2019-2023 Sewanee: The University of the South  Loyola University New Orleans Loyola University New Orleans College of Law Supreme Court of the United States Georgia Louisiana Chairman, State Bar of Georgia, Class Actions Section, 2024-present Member, American Law Institute, 2025-present Member, Board of Directors, Georgians for Lawsuit Reform, 2017-present; Vice-Chairman, 2022-23; Chairman; 2023-25 Member, In-House Counsel Advisory Board, Emory Law Institute for Complex Litigation and Mass Claims, 2017-present Member, Lawyers Club of Atlanta, 2002-present Member, State Bar of Georgia, 2000-present Member, Louisiana State Bar Association, 1995-present Member, Executive Committee of Board of Directors of the Atlanta Legal Aid Society, 2013-2021; Secretary (2017); Treasurer (2018); Vice-President (2019); President (2020) Member, Georgia Senate Study Committee on Legal Reform, 2019-2020 Member, American Bar Association House of Delegates, 1998-2002 Law Clerk, Hon. Sol Gothard, Louisiana Representing national retailer in series of class actions alleging consumer fraud related to pricing practices, e.g., Berger v. Home Depot U.S.A., Inc., No. 24-01435 (N.D. Ga.) Representing national retailer in antitrust MDL class action alleging price-fixing related to algorithmic pricing, In re: Construction Equipment Rental Antitrust Litigation, MDL No. 3152 (N.D. Ill.) Won reversal of order finding violation of federal labor law, Home Depot USA, Inc. v. NLRB, 2025 U.S. App. Lexis 29091 (8th Cir. 11/6/25)*  Won three ERISA class actions alleging breaches of fiduciary duty in management of 401(k) plan, Cano v. Home Depot USA, Inc., 2025 U.S. Dist. Lexis 176101 (N.D. Ga. 8/26/25); Pizarro v. Home Depot USA, Inc., 111 F.4th 1165 (11th Cir. 2024); Lanfear v. Home Depot USA, Inc., 679 F.3d 1267 (11th Cir. 2012)*  Successfully litigated to favorable resolution of massive data breach/privacy class actions, In re: The Home Depot Customer Data Security Breach Litig., MDL No. 2583 (N.D. Ga. 2014)*  Successfully litigated to favorable resolution of eight class actions alleging product defects in sale of builiding materials, In re: Chinese-Manufactured Drywall Products Liability Litig., MDL No. 2047 (E.D. La. 2012)*  Won series of eight class actions alleging product defects and consumer fraud in sale of pressure-treated lumber, e.g., Kitzes v. Home Depot USA, Inc., 374 Ill. 3d 1053 (Ill. 1st Dist. 2007)*  Won series of 20 class actions alleging consumer fraud in tool rental business and sale of damage waivers, e.g., Mathews v. Home Depot USA, Inc., 2025 U.S. Dist. Lexis 82577 (N.D. Ga. 2/14/25); Berger v. Home Depot, 741 F.3d 1061 (9th Cir. 2014); Chochorowski v. Home Depot USA, Inc., 404 S.W. 3d 220 (Mo. 2013); Rickher v. Home Depot USA, Inc., 535 F.3d 661 (7th Cir. 2008); O’Neill v. Home Depot USA, Inc., 243 F.R.D. 469 (S.D. Fla. 2006)*  Won series of four class actions challenging pricing practices and alleging consumer fraud and breach of contract in sale of flooring installation services, e.g., Marino v. Home Depot USA, Inc., 245 F.R.D. 729 (S.D. Fla. 2007)*  Won series of three class actions alleging product defects in sale of dryer vents, e.g., Goldstein v. Home Depot USA, Inc., 609 F. Supp. 2d 1340 (N.D. Ga. 2009) *  Won series of three class actions challenging permitting and licensing practices, e.g., Varnes v. Home Depot USA, Inc., 2015 U.S. Dist. Lexis 118592 (M.D. Fla. 9/4/15); Willard v. Home Depot, 2009 U.S. Dist. Lexis 113493 (N.D. Fla. 12/7/09)*  Defense trial team member in state-wide class action seeking medical monitoring and smoking cessation, Scott v. Am. Tobacco Co., 725 So. 2d 10 (La. 4th Cir. 1998)  Won dismissal of securities fraud class action and affirmance on appeal, Mizzaro v. Home Depot, Inc., 544 F.3d 1230 (11th Cir. 2008)*  Won series of individual smoking and health jury trials, e.g., Eiser v. Brown \u0026amp; Williamson Tobacco Corp., 2005 Phila. Ct. Common Pleas Lexis 43 (2005)  Recovery  Successfully litigated opt-out claims to favorable resolution in multidistrict antitrust litigation arising from payment card interchange fee-setting allegations, In re: Payment Card Inter. Fee and Merchant Disc. Antitrust Litig., MDL No. 1720 (E.D. N.Y. 2010)*  Successfully litigated opt-out claims to favorable resolution in multidistrict antitrust litigation arising from price-fixing allegations in sale of drywall, In re: Domestic Drywall Antitrust Litig., MDL No. 2437 (E.D. Pa. 2013)*  Successfully litigated opt-out claims to favorable resolution in antitrust litigation arising from price-fixing allegations in sale of oriented strand board, In re: OSB Litig., No. 06-826 (E.D. Pa. 2007)*  Successfully litigated opt-out claims to favorable resolution in multidistrict antitrust litigation arising from price-fixing allegations in sale of polyurethane foam, In re: Polyurethane Foam Antitrust Litig., MDL No. 2196 (N.D. Ohio 2010)*  Successfully litigated opt-out claims to favorable resolution in multidistrict antitrust litigation arising from price-fixing allegations in sale of Puerto Rican cabotage services, In re: Puerto Rican Cabotage Antitrust Liig., MDL No. 1960 (D. P.R. 2008)*  Appeals  Drafted amicus brief on behalf of Retail Litigation Center in the U.S. Supreme Court in Monsanto Co. v. Durnell, No. 24-1068 Argued jurisdictional appeal under the Class Action Fairness Act, Home Depot v. Jackson, 139 S.Ct. 1743 (2019)*  Argued and won insurance policy and assignment of rights dispute, Woodfield v. Bowman, 193 F.3d 354 (5th Cir. 1999)  Managed successful appeal vacating striking of expert testimony, Home Depot USA, Inc. v. Lafarge N. Am., Inc., 59 F.4th 55 (3d Cir. 2023)*  Managed successful appeals which twice vacated excessive class counsel fee awards, In re: Home Depot, Inc., Customer Data Sec. Breach Litig., 931 F.3d 1065 (11th Cir. 2019), on remand, 2022 U.S. App. Lexis 297 (11th Cir. 2022)*  Managed successful appeal vacating unfavorable class settlement and overly broad release, In re: Payment Card Inter. Fee and Merchant Disc. Antitrust Litig., 827 F.3d 223 (2d Cir. 2016)*  Managed successful jurisdictional appeal under the Class Action Fairness Act, Frederico v. Home Depot USA, Inc., 507 F.3d 188 (3d Cir. 2007)*  Managed successful jurisdictional appeal under the Class Action Fairness Act, Rickher v. Home Depot USA, Inc., 2006 U.S. App. Lexis 32391 (7th Cir. 5/22/06)*  Managed drafting of amicus briefs supporting winning side in three recent significant U.S. Supreme Court cases, Transunion v. Ramirez, 141 S.Ct. 2190 (2021); Facebook v. Duguid, 141 S.Ct. 813 (2020); United States PTO v. Booking.com BV, 591 U.S, 549 (2020)*  Investigations  Successfully managed internal investigations and resolved related regulatory matters involving various federal and state laws, including whistleblower laws, privacy laws, Toxic Substances Control Act, and Lacey Act  *Representation while in-house counsel ","searchable_name":"William P. Barnette (Will)","is_active":true,"featured":null,"publish_date":null,"expiration_date":null,"blog_featured":null,"published_by":202,"capability_group_featured":null,"home_page_featured":null},{"id":446151,"version":1,"owner_type":"Person","owner_id":6369,"payload":{"bio":"\u003cp\u003eMatthew Biben focuses his practice on complex negotiation and litigation of disputes, including regulatory and enforcement matters on behalf of both individuals and organizations. His diverse litigation practice includes representing financial institutions and FinTech companies in civil disputes, securities and bankruptcy litigation, and complex matters involving the government.[[--readmore--]]\u003c/p\u003e\n\u003cp\u003eAs a former general counsel of a large bank and federal prosecutor, Matthew routinely acts as counsel in litigated disputes and internal investigations of both domestic and international matters involving, among others, the Department of Justice (DOJ), Securities Exchange Commission (SEC), Federal Reserve Board (FRB), Office of Comptroller of the Currency (OCC), Consumer Financial Protection Bureau (CFPB), New York Department of Financial Services (NYDFS), state attorneys general and foreign regulators.\u003c/p\u003e\n\u003cp\u003ePrior to joining private practice, Matthew served for three-and-a-half years at JPMorgan Chase, where he was Executive Vice President and General Counsel for Chase Consumer \u0026amp; Community Banking, which included JPMorgan Chase\u0026rsquo;s Private Wealth Management, Card and Merchant Services, Auto Finance, Student Loan, Consumer Banking, Business Banking and Mortgage Banking businesses.\u003c/p\u003e\n\u003cp\u003eMatthew also served as Executive Vice President and Deputy General Counsel of The Bank of New York Mellon Corporation for almost seven years, becoming the second youngest person in BNY\u0026rsquo;s history to be promoted to Executive Vice President. He also served as BNY Mellon\u0026rsquo;s Global Head of Litigation and supervised various corporate functions that included the Office of the Corporate Secretary.\u003c/p\u003e\n\u003cp\u003eMatthew spent the first 12 years of his career in government, serving in the U.S. Attorney\u0026rsquo;s Office for the Southern District of New York, where he was an Assistant U.S. Attorney in the Criminal Division and received the Attorney General\u0026rsquo;s Director Award for superior performance. Previously, he was an Assistant District Attorney in the New York County District Attorney\u0026rsquo;s Office. He argued numerous appeals in the Second Circuit Court of Appeals and was lead counsel in more than 25 federal and state trials.\u003c/p\u003e","slug":"matthew-biben","email":"mbiben@kslaw.com","phone":null,"matters":["\u003cp\u003e\u003cstrong\u003e\u003cem\u003eAnti-Money Laundering\u003c/em\u003e\u003c/strong\u003e\u003c/p\u003e\n\u003cp\u003eRoutinely advise banks and non-banks on BSA/AML compliance and enforcement issues including:\u003c/p\u003e","\u003cp\u003eRepresented\u0026nbsp;\u003cstrong\u003eSociete Generale\u003c/strong\u003e\u0026nbsp;before the FRB and the Federal Reserve Bank of New York and separately before the NYDFS in negotiating a successful settlement regarding the bank\u0026rsquo;s BSA/AML compliance and risk management programs\u003c/p\u003e","\u003cp\u003eSuccessfully represented\u0026nbsp;\u003cstrong\u003eMashreq Bank\u003c/strong\u003e\u0026nbsp;in negotiating a favorable settlement with the NYDFS, NYFed, FRB, and OFAC resolving wide ranging BSA/AML and Sanctions issues\u003c/p\u003e","\u003cp\u003eSuccessfully defended\u0026nbsp;\u003cstrong\u003eHabib Bank\u003c/strong\u003e\u0026nbsp;against a $630 million lawsuit by the NYDFS and negotiating a $225 million settlement relating to long-running AML/BSA compliance issues and assisting Habib in winding down the business of their NY branch\u003c/p\u003e","\u003cp\u003eSuccessfully represented\u0026nbsp;\u003cstrong\u003eCoinbase\u003c/strong\u003e\u0026nbsp;in sweeping NYDFS investigation relating to BSA/AML and other compliance issues\u003c/p\u003e","\u003cp\u003eAdvised\u0026nbsp;\u003cstrong\u003ea large foreign bank\u003c/strong\u003e\u0026nbsp;in responding to the DOJ investigation of Mossack Fonseca \u0026amp; and the \u0026ldquo;Panama Papers\u0026rdquo;\u003c/p\u003e","\u003cp\u003e\u003cstrong\u003e\u003cem\u003eComplex Civil Litigation\u003c/em\u003e\u003c/strong\u003e\u003c/p\u003e\n\u003cp\u003eRepresented\u0026nbsp;\u003cstrong\u003eFanDuel\u003c/strong\u003e\u0026nbsp;and\u0026nbsp;\u003cstrong\u003eDraftKings\u003c/strong\u003e\u0026nbsp;in a landmark victory in the NY Court of Appeals legalizing interactive fantasy sports in New York State (garnering American Lawyer Litigator of the Week runner-up honors)\u003c/p\u003e","\u003cp\u003eRepresent\u0026nbsp;\u003cstrong\u003eFanDuel\u003c/strong\u003e\u0026nbsp;in a New York State Court litigation brought on by the former founders of FanDuel relating to merger acquisition violation\u003c/p\u003e","\u003cp\u003eRepresent\u0026nbsp;\u003cstrong\u003eBlackRock\u003c/strong\u003e\u0026nbsp;in litigation relating to mortgage-era fraud allegations\u003c/p\u003e","\u003cp\u003eRepresented\u0026nbsp;\u003cstrong\u003eMacquarie Asset Management\u003c/strong\u003e\u0026nbsp;in a joint venture dispute relating to drag-along rights\u003c/p\u003e","\u003cp\u003eRepresent leading\u0026nbsp;\u003cstrong\u003eglobal investment bank\u003c/strong\u003e\u0026nbsp;in arbitration relating to a joint venture dispute\u003c/p\u003e","\u003cp\u003eRepresented ad hoc\u0026nbsp;\u003cstrong\u003e1st lien term lenders\u003c/strong\u003e\u0026nbsp;in the Mallinckrodt bankruptcy\u003c/p\u003e","\u003cp\u003eRepresented\u0026nbsp;\u003cstrong\u003eFanDuel\u003c/strong\u003e\u0026nbsp;in a lawsuit and settlement with the New York Attorney General (NYAG) over the legality of daily fantasy sports and later resolving allegations of false advertising whereby the NYAG dropped its claims challenging the legality of FanDuel\u0026rsquo;s contests after a change in the New York State law permitting daily fantasy sports\u003c/p\u003e","\u003cp\u003eSuccessfully represented the Chairman of the board of\u003cstrong\u003e\u0026nbsp;Rio Tinto\u003c/strong\u003e\u0026nbsp;in a broad ranging SEC investigation into accounting fraud\u003c/p\u003e","\u003cp\u003e\u003cstrong\u003e\u003cem\u003eBanks and Financial Institutions\u003c/em\u003e\u003c/strong\u003e\u003c/p\u003e\n\u003cp\u003eIn addition to BSA/AML advice, I have extensively advised on bank regulatory compliance and enforcement issues, including the CFPB, the FRB, NYDFS, FDIC, OCC and others, including:\u003c/p\u003e","\u003cp\u003eSuccessfully represented\u0026nbsp;\u003cstrong\u003eTruist\u003c/strong\u003e\u0026nbsp;in a long-running DOJ FIRREA investigation of their trust businesses in a cost-of-litigation settlement where all allegations were denied\u003c/p\u003e","\u003cp\u003eAdvised\u0026nbsp;\u003cstrong\u003ea global bank\u003c/strong\u003e\u0026nbsp;on fair lender compliance issue in relation to DFS investigation\u003c/p\u003e","\u003cp\u003eSuccessfully represented a\u0026nbsp;\u003cstrong\u003esuperregional bank\u003c/strong\u003e\u0026nbsp;in a CFPB into investigation into TISA compliance avoiding an enforcement action\u003c/p\u003e","\u003cp\u003eRepresented\u0026nbsp;\u003cstrong\u003efinancial institutions and individuals\u003c/strong\u003e\u0026nbsp;in SEC investigations, including the Chairman of the Board of a Fortune 100 company\u003c/p\u003e","\u003cp\u003eRepresented a leading\u0026nbsp;\u003cstrong\u003eFintech company\u003c/strong\u003e\u0026nbsp;in a CFPB investigation relating to FCRA and UDAAP allegations\u003c/p\u003e","\u003cp\u003eSuccessfully represented\u0026nbsp;\u003cstrong\u003eToyota Financial Services\u003c/strong\u003e\u0026nbsp;in a DOJ and CFPB investigation and negotiating a favorable settlement relating to the indirect auto lender\u0026rsquo;s fair lending practices\u003c/p\u003e","\u003cp\u003eRepresented\u0026nbsp;\u003cstrong\u003ea senior executive of one of the largest global banks\u003c/strong\u003e\u0026nbsp;in a DOJ investigation of RMBS and a separate OCC investigation persuading both agencies after years of investigation to close their investigations without action\u003c/p\u003e","\u003cp\u003eLead an extensive internal investigation and representing\u0026nbsp;\u003cstrong\u003ea large foreign bank\u003c/strong\u003e\u0026nbsp;before the FRB and NYDFS concerning Regulation W compliance issues\u003c/p\u003e","\u003cp\u003eAdvised\u0026nbsp;\u003cstrong\u003ea large foreign bank\u003c/strong\u003e\u0026nbsp;in responding to a multi-state attorneys general investigation of its auto lending and securitization practices\u003c/p\u003e","\u003cp\u003eRepresented\u0026nbsp;\u003cstrong\u003esenior finance and actuarial employees\u003c/strong\u003e\u0026nbsp;of\u0026nbsp;\u003cstrong\u003eAMBAC\u003c/strong\u003e\u0026nbsp;in SEC investigation of accounting fraud\u003c/p\u003e","\u003cp\u003eRepresented the\u0026nbsp;\u003cstrong\u003eCFO of an insurance company\u003c/strong\u003e\u0026nbsp;in an investigation before the NYDFS which resulted in the matter being closed without action\u003c/p\u003e","\u003cp\u003eRepresented\u0026nbsp;\u003cstrong\u003eAdmirals Bank\u003c/strong\u003e, as it restructured operations in the face of significant regulatory scrutiny and complex bank regulatory and enforcement issues\u003c/p\u003e","\u003cp\u003eSuccessfully represented\u0026nbsp;\u003cstrong\u003eRoot Insurance\u003c/strong\u003e\u0026nbsp;in a New York Attorney General investigation relating to data breach allegations\u003c/p\u003e","\u003cp\u003e\u003cstrong\u003e\u003cem\u003eGovernance\u003c/em\u003e\u003c/strong\u003e\u003c/p\u003e\n\u003cp\u003eServed as a Director and Chair of the\u0026nbsp;\u003cstrong\u003eGovernance Committee\u003c/strong\u003e\u0026nbsp;of the largest privately held bank. BNY Melon Corporate Secretary was a direct report. Extensive pro bono governance work. Write and lecture on the topic. A sample of representations include:\u003c/p\u003e","\u003cp\u003eProvided\u0026nbsp;\u003cstrong\u003ethe Board of Directors of multiple financial institutions\u003c/strong\u003e\u0026nbsp;with advice on their annual self-evaluation as well as broader governance issues including expectations and guidance as applied to bank boards\u003c/p\u003e","\u003cp\u003eRepresented the\u0026nbsp;\u003cstrong\u003eBoard of Directors of Bed Bath \u0026amp; Beyond\u003c/strong\u003e\u0026nbsp;in an internal investigation concerning compensation and disclosure issues\u003c/p\u003e"],"taggings":{"tags":[],"meta_tags":[{"id":3543}]},"expertise":[{"id":74,"guid":"74.capabilities","index":0,"source":"capabilities"},{"id":19,"guid":"19.capabilities","index":1,"source":"capabilities"},{"id":38,"guid":"38.capabilities","index":2,"source":"capabilities"},{"id":20,"guid":"20.capabilities","index":3,"source":"capabilities"},{"id":11,"guid":"11.capabilities","index":4,"source":"capabilities"},{"id":107,"guid":"107.capabilities","index":5,"source":"capabilities"},{"id":118,"guid":"118.capabilities","index":6,"source":"capabilities"},{"id":111,"guid":"111.capabilities","index":7,"source":"capabilities"},{"id":923,"guid":"923.smart_tags","index":8,"source":"smartTags"},{"id":699,"guid":"699.smart_tags","index":9,"source":"smartTags"},{"id":765,"guid":"765.smart_tags","index":10,"source":"smartTags"},{"id":1243,"guid":"1243.smart_tags","index":11,"source":"smartTags"},{"id":1248,"guid":"1248.smart_tags","index":12,"source":"smartTags"},{"id":1261,"guid":"1261.smart_tags","index":13,"source":"smartTags"},{"id":803,"guid":"803.smart_tags","index":14,"source":"smartTags"},{"id":1327,"guid":"1327.smart_tags","index":15,"source":"smartTags"}],"is_active":true,"last_name":"Biben","nick_name":"Matt","clerkships":[],"first_name":"Matthew","title_rank":9999,"updated_by":202,"law_schools":[],"middle_name":"L.","name_suffix":"","recognitions":[{"title":"Ranked for his “standout expertise” in the category of “Banking (Enforcement \u0026 Investigations)”","detail":"Chamber USA – Nationwide (Band 3) 2020-2026"},{"title":"Nationally recommended in the category of Financial Services Litigation, “tenacious but balanced litigator” ","detail":"The Legal 500 US 2016-2026"},{"title":"Recognized as Benchmark Litigation “Litigation Star”","detail":"Benchmark Litigation"},{"title":"Recognized as Lawdragon 500 Leading Global Entertainment, Sports \u0026 Media Lawyer","detail":"Lawdragon, 2024-2026"}],"linked_in_url":"https://www.linkedin.com/in/matthew-biben-480bb2a/","seodescription":"Matthew L. Biben is a partner of our Business Litigation Practice Group. Read more about him.","primary_title_id":15,"translated_fields":{"en":{"bio":"\u003cp\u003eMatthew Biben focuses his practice on complex negotiation and litigation of disputes, including regulatory and enforcement matters on behalf of both individuals and organizations. His diverse litigation practice includes representing financial institutions and FinTech companies in civil disputes, securities and bankruptcy litigation, and complex matters involving the government.[[--readmore--]]\u003c/p\u003e\n\u003cp\u003eAs a former general counsel of a large bank and federal prosecutor, Matthew routinely acts as counsel in litigated disputes and internal investigations of both domestic and international matters involving, among others, the Department of Justice (DOJ), Securities Exchange Commission (SEC), Federal Reserve Board (FRB), Office of Comptroller of the Currency (OCC), Consumer Financial Protection Bureau (CFPB), New York Department of Financial Services (NYDFS), state attorneys general and foreign regulators.\u003c/p\u003e\n\u003cp\u003ePrior to joining private practice, Matthew served for three-and-a-half years at JPMorgan Chase, where he was Executive Vice President and General Counsel for Chase Consumer \u0026amp; Community Banking, which included JPMorgan Chase\u0026rsquo;s Private Wealth Management, Card and Merchant Services, Auto Finance, Student Loan, Consumer Banking, Business Banking and Mortgage Banking businesses.\u003c/p\u003e\n\u003cp\u003eMatthew also served as Executive Vice President and Deputy General Counsel of The Bank of New York Mellon Corporation for almost seven years, becoming the second youngest person in BNY\u0026rsquo;s history to be promoted to Executive Vice President. He also served as BNY Mellon\u0026rsquo;s Global Head of Litigation and supervised various corporate functions that included the Office of the Corporate Secretary.\u003c/p\u003e\n\u003cp\u003eMatthew spent the first 12 years of his career in government, serving in the U.S. Attorney\u0026rsquo;s Office for the Southern District of New York, where he was an Assistant U.S. Attorney in the Criminal Division and received the Attorney General\u0026rsquo;s Director Award for superior performance. Previously, he was an Assistant District Attorney in the New York County District Attorney\u0026rsquo;s Office. He argued numerous appeals in the Second Circuit Court of Appeals and was lead counsel in more than 25 federal and state trials.\u003c/p\u003e","matters":["\u003cp\u003e\u003cstrong\u003e\u003cem\u003eAnti-Money Laundering\u003c/em\u003e\u003c/strong\u003e\u003c/p\u003e\n\u003cp\u003eRoutinely advise banks and non-banks on BSA/AML compliance and enforcement issues including:\u003c/p\u003e","\u003cp\u003eRepresented\u0026nbsp;\u003cstrong\u003eSociete Generale\u003c/strong\u003e\u0026nbsp;before the FRB and the Federal Reserve Bank of New York and separately before the NYDFS in negotiating a successful settlement regarding the bank\u0026rsquo;s BSA/AML compliance and risk management programs\u003c/p\u003e","\u003cp\u003eSuccessfully represented\u0026nbsp;\u003cstrong\u003eMashreq Bank\u003c/strong\u003e\u0026nbsp;in negotiating a favorable settlement with the NYDFS, NYFed, FRB, and OFAC resolving wide ranging BSA/AML and Sanctions issues\u003c/p\u003e","\u003cp\u003eSuccessfully defended\u0026nbsp;\u003cstrong\u003eHabib Bank\u003c/strong\u003e\u0026nbsp;against a $630 million lawsuit by the NYDFS and negotiating a $225 million settlement relating to long-running AML/BSA compliance issues and assisting Habib in winding down the business of their NY branch\u003c/p\u003e","\u003cp\u003eSuccessfully represented\u0026nbsp;\u003cstrong\u003eCoinbase\u003c/strong\u003e\u0026nbsp;in sweeping NYDFS investigation relating to BSA/AML and other compliance issues\u003c/p\u003e","\u003cp\u003eAdvised\u0026nbsp;\u003cstrong\u003ea large foreign bank\u003c/strong\u003e\u0026nbsp;in responding to the DOJ investigation of Mossack Fonseca \u0026amp; and the \u0026ldquo;Panama Papers\u0026rdquo;\u003c/p\u003e","\u003cp\u003e\u003cstrong\u003e\u003cem\u003eComplex Civil Litigation\u003c/em\u003e\u003c/strong\u003e\u003c/p\u003e\n\u003cp\u003eRepresented\u0026nbsp;\u003cstrong\u003eFanDuel\u003c/strong\u003e\u0026nbsp;and\u0026nbsp;\u003cstrong\u003eDraftKings\u003c/strong\u003e\u0026nbsp;in a landmark victory in the NY Court of Appeals legalizing interactive fantasy sports in New York State (garnering American Lawyer Litigator of the Week runner-up honors)\u003c/p\u003e","\u003cp\u003eRepresent\u0026nbsp;\u003cstrong\u003eFanDuel\u003c/strong\u003e\u0026nbsp;in a New York State Court litigation brought on by the former founders of FanDuel relating to merger acquisition violation\u003c/p\u003e","\u003cp\u003eRepresent\u0026nbsp;\u003cstrong\u003eBlackRock\u003c/strong\u003e\u0026nbsp;in litigation relating to mortgage-era fraud allegations\u003c/p\u003e","\u003cp\u003eRepresented\u0026nbsp;\u003cstrong\u003eMacquarie Asset Management\u003c/strong\u003e\u0026nbsp;in a joint venture dispute relating to drag-along rights\u003c/p\u003e","\u003cp\u003eRepresent leading\u0026nbsp;\u003cstrong\u003eglobal investment bank\u003c/strong\u003e\u0026nbsp;in arbitration relating to a joint venture dispute\u003c/p\u003e","\u003cp\u003eRepresented ad hoc\u0026nbsp;\u003cstrong\u003e1st lien term lenders\u003c/strong\u003e\u0026nbsp;in the Mallinckrodt bankruptcy\u003c/p\u003e","\u003cp\u003eRepresented\u0026nbsp;\u003cstrong\u003eFanDuel\u003c/strong\u003e\u0026nbsp;in a lawsuit and settlement with the New York Attorney General (NYAG) over the legality of daily fantasy sports and later resolving allegations of false advertising whereby the NYAG dropped its claims challenging the legality of FanDuel\u0026rsquo;s contests after a change in the New York State law permitting daily fantasy sports\u003c/p\u003e","\u003cp\u003eSuccessfully represented the Chairman of the board of\u003cstrong\u003e\u0026nbsp;Rio Tinto\u003c/strong\u003e\u0026nbsp;in a broad ranging SEC investigation into accounting fraud\u003c/p\u003e","\u003cp\u003e\u003cstrong\u003e\u003cem\u003eBanks and Financial Institutions\u003c/em\u003e\u003c/strong\u003e\u003c/p\u003e\n\u003cp\u003eIn addition to BSA/AML advice, I have extensively advised on bank regulatory compliance and enforcement issues, including the CFPB, the FRB, NYDFS, FDIC, OCC and others, including:\u003c/p\u003e","\u003cp\u003eSuccessfully represented\u0026nbsp;\u003cstrong\u003eTruist\u003c/strong\u003e\u0026nbsp;in a long-running DOJ FIRREA investigation of their trust businesses in a cost-of-litigation settlement where all allegations were denied\u003c/p\u003e","\u003cp\u003eAdvised\u0026nbsp;\u003cstrong\u003ea global bank\u003c/strong\u003e\u0026nbsp;on fair lender compliance issue in relation to DFS investigation\u003c/p\u003e","\u003cp\u003eSuccessfully represented a\u0026nbsp;\u003cstrong\u003esuperregional bank\u003c/strong\u003e\u0026nbsp;in a CFPB into investigation into TISA compliance avoiding an enforcement action\u003c/p\u003e","\u003cp\u003eRepresented\u0026nbsp;\u003cstrong\u003efinancial institutions and individuals\u003c/strong\u003e\u0026nbsp;in SEC investigations, including the Chairman of the Board of a Fortune 100 company\u003c/p\u003e","\u003cp\u003eRepresented a leading\u0026nbsp;\u003cstrong\u003eFintech company\u003c/strong\u003e\u0026nbsp;in a CFPB investigation relating to FCRA and UDAAP allegations\u003c/p\u003e","\u003cp\u003eSuccessfully represented\u0026nbsp;\u003cstrong\u003eToyota Financial Services\u003c/strong\u003e\u0026nbsp;in a DOJ and CFPB investigation and negotiating a favorable settlement relating to the indirect auto lender\u0026rsquo;s fair lending practices\u003c/p\u003e","\u003cp\u003eRepresented\u0026nbsp;\u003cstrong\u003ea senior executive of one of the largest global banks\u003c/strong\u003e\u0026nbsp;in a DOJ investigation of RMBS and a separate OCC investigation persuading both agencies after years of investigation to close their investigations without action\u003c/p\u003e","\u003cp\u003eLead an extensive internal investigation and representing\u0026nbsp;\u003cstrong\u003ea large foreign bank\u003c/strong\u003e\u0026nbsp;before the FRB and NYDFS concerning Regulation W compliance issues\u003c/p\u003e","\u003cp\u003eAdvised\u0026nbsp;\u003cstrong\u003ea large foreign bank\u003c/strong\u003e\u0026nbsp;in responding to a multi-state attorneys general investigation of its auto lending and securitization practices\u003c/p\u003e","\u003cp\u003eRepresented\u0026nbsp;\u003cstrong\u003esenior finance and actuarial employees\u003c/strong\u003e\u0026nbsp;of\u0026nbsp;\u003cstrong\u003eAMBAC\u003c/strong\u003e\u0026nbsp;in SEC investigation of accounting fraud\u003c/p\u003e","\u003cp\u003eRepresented the\u0026nbsp;\u003cstrong\u003eCFO of an insurance company\u003c/strong\u003e\u0026nbsp;in an investigation before the NYDFS which resulted in the matter being closed without action\u003c/p\u003e","\u003cp\u003eRepresented\u0026nbsp;\u003cstrong\u003eAdmirals Bank\u003c/strong\u003e, as it restructured operations in the face of significant regulatory scrutiny and complex bank regulatory and enforcement issues\u003c/p\u003e","\u003cp\u003eSuccessfully represented\u0026nbsp;\u003cstrong\u003eRoot Insurance\u003c/strong\u003e\u0026nbsp;in a New York Attorney General investigation relating to data breach allegations\u003c/p\u003e","\u003cp\u003e\u003cstrong\u003e\u003cem\u003eGovernance\u003c/em\u003e\u003c/strong\u003e\u003c/p\u003e\n\u003cp\u003eServed as a Director and Chair of the\u0026nbsp;\u003cstrong\u003eGovernance Committee\u003c/strong\u003e\u0026nbsp;of the largest privately held bank. BNY Melon Corporate Secretary was a direct report. Extensive pro bono governance work. Write and lecture on the topic. A sample of representations include:\u003c/p\u003e","\u003cp\u003eProvided\u0026nbsp;\u003cstrong\u003ethe Board of Directors of multiple financial institutions\u003c/strong\u003e\u0026nbsp;with advice on their annual self-evaluation as well as broader governance issues including expectations and guidance as applied to bank boards\u003c/p\u003e","\u003cp\u003eRepresented the\u0026nbsp;\u003cstrong\u003eBoard of Directors of Bed Bath \u0026amp; Beyond\u003c/strong\u003e\u0026nbsp;in an internal investigation concerning compensation and disclosure issues\u003c/p\u003e"],"recognitions":[{"title":"Ranked for his “standout expertise” in the category of “Banking (Enforcement \u0026 Investigations)”","detail":"Chamber USA – Nationwide (Band 3) 2020-2026"},{"title":"Nationally recommended in the category of Financial Services Litigation, “tenacious but balanced litigator” ","detail":"The Legal 500 US 2016-2026"},{"title":"Recognized as Benchmark Litigation “Litigation Star”","detail":"Benchmark Litigation"},{"title":"Recognized as Lawdragon 500 Leading Global Entertainment, Sports \u0026 Media Lawyer","detail":"Lawdragon, 2024-2026"}]},"locales":["en"]},"secondary_title_id":null,"upload_assignments":{"headshot":[{"id":9814}]},"capability_group_id":3},"created_at":"2026-02-24T23:17:27.000Z","updated_at":"2026-02-24T23:17:27.000Z","searchable_text":"Biben{{ FIELD }}{:title=\u0026gt;\"Ranked for his “standout expertise” in the category of “Banking (Enforcement \u0026amp; Investigations)”\", :detail=\u0026gt;\"Chamber USA – Nationwide (Band 3) 2020-2026\"}{{ FIELD }}{:title=\u0026gt;\"Nationally recommended in the category of Financial Services Litigation, “tenacious but balanced litigator” \", :detail=\u0026gt;\"The Legal 500 US 2016-2026\"}{{ FIELD }}{:title=\u0026gt;\"Recognized as Benchmark Litigation “Litigation Star”\", :detail=\u0026gt;\"Benchmark Litigation\"}{{ FIELD }}{:title=\u0026gt;\"Recognized as Lawdragon 500 Leading Global Entertainment, Sports \u0026amp; Media Lawyer\", :detail=\u0026gt;\"Lawdragon, 2024-2026\"}{{ FIELD }}Anti-Money Laundering\nRoutinely advise banks and non-banks on BSA/AML compliance and enforcement issues including:{{ FIELD }}Represented Societe Generale before the FRB and the Federal Reserve Bank of New York and separately before the NYDFS in negotiating a successful settlement regarding the bank’s BSA/AML compliance and risk management programs{{ FIELD }}Successfully represented Mashreq Bank in negotiating a favorable settlement with the NYDFS, NYFed, FRB, and OFAC resolving wide ranging BSA/AML and Sanctions issues{{ FIELD }}Successfully defended Habib Bank against a $630 million lawsuit by the NYDFS and negotiating a $225 million settlement relating to long-running AML/BSA compliance issues and assisting Habib in winding down the business of their NY branch{{ FIELD }}Successfully represented Coinbase in sweeping NYDFS investigation relating to BSA/AML and other compliance issues{{ FIELD }}Advised a large foreign bank in responding to the DOJ investigation of Mossack Fonseca \u0026amp; and the “Panama Papers”{{ FIELD }}Complex Civil Litigation\nRepresented FanDuel and DraftKings in a landmark victory in the NY Court of Appeals legalizing interactive fantasy sports in New York State (garnering American Lawyer Litigator of the Week runner-up honors){{ FIELD }}Represent FanDuel in a New York State Court litigation brought on by the former founders of FanDuel relating to merger acquisition violation{{ FIELD }}Represent BlackRock in litigation relating to mortgage-era fraud allegations{{ FIELD }}Represented Macquarie Asset Management in a joint venture dispute relating to drag-along rights{{ FIELD }}Represent leading global investment bank in arbitration relating to a joint venture dispute{{ FIELD }}Represented ad hoc 1st lien term lenders in the Mallinckrodt bankruptcy{{ FIELD }}Represented FanDuel in a lawsuit and settlement with the New York Attorney General (NYAG) over the legality of daily fantasy sports and later resolving allegations of false advertising whereby the NYAG dropped its claims challenging the legality of FanDuel’s contests after a change in the New York State law permitting daily fantasy sports{{ FIELD }}Successfully represented the Chairman of the board of Rio Tinto in a broad ranging SEC investigation into accounting fraud{{ FIELD }}Banks and Financial Institutions\nIn addition to BSA/AML advice, I have extensively advised on bank regulatory compliance and enforcement issues, including the CFPB, the FRB, NYDFS, FDIC, OCC and others, including:{{ FIELD }}Successfully represented Truist in a long-running DOJ FIRREA investigation of their trust businesses in a cost-of-litigation settlement where all allegations were denied{{ FIELD }}Advised a global bank on fair lender compliance issue in relation to DFS investigation{{ FIELD }}Successfully represented a superregional bank in a CFPB into investigation into TISA compliance avoiding an enforcement action{{ FIELD }}Represented financial institutions and individuals in SEC investigations, including the Chairman of the Board of a Fortune 100 company{{ FIELD }}Represented a leading Fintech company in a CFPB investigation relating to FCRA and UDAAP allegations{{ FIELD }}Successfully represented Toyota Financial Services in a DOJ and CFPB investigation and negotiating a favorable settlement relating to the indirect auto lender’s fair lending practices{{ FIELD }}Represented a senior executive of one of the largest global banks in a DOJ investigation of RMBS and a separate OCC investigation persuading both agencies after years of investigation to close their investigations without action{{ FIELD }}Lead an extensive internal investigation and representing a large foreign bank before the FRB and NYDFS concerning Regulation W compliance issues{{ FIELD }}Advised a large foreign bank in responding to a multi-state attorneys general investigation of its auto lending and securitization practices{{ FIELD }}Represented senior finance and actuarial employees of AMBAC in SEC investigation of accounting fraud{{ FIELD }}Represented the CFO of an insurance company in an investigation before the NYDFS which resulted in the matter being closed without action{{ FIELD }}Represented Admirals Bank, as it restructured operations in the face of significant regulatory scrutiny and complex bank regulatory and enforcement issues{{ FIELD }}Successfully represented Root Insurance in a New York Attorney General investigation relating to data breach allegations{{ FIELD }}Governance\nServed as a Director and Chair of the Governance Committee of the largest privately held bank. BNY Melon Corporate Secretary was a direct report. Extensive pro bono governance work. Write and lecture on the topic. A sample of representations include:{{ FIELD }}Provided the Board of Directors of multiple financial institutions with advice on their annual self-evaluation as well as broader governance issues including expectations and guidance as applied to bank boards{{ FIELD }}Represented the Board of Directors of Bed Bath \u0026amp; Beyond in an internal investigation concerning compensation and disclosure issues{{ FIELD }}Matthew Biben focuses his practice on complex negotiation and litigation of disputes, including regulatory and enforcement matters on behalf of both individuals and organizations. His diverse litigation practice includes representing financial institutions and FinTech companies in civil disputes, securities and bankruptcy litigation, and complex matters involving the government.\nAs a former general counsel of a large bank and federal prosecutor, Matthew routinely acts as counsel in litigated disputes and internal investigations of both domestic and international matters involving, among others, the Department of Justice (DOJ), Securities Exchange Commission (SEC), Federal Reserve Board (FRB), Office of Comptroller of the Currency (OCC), Consumer Financial Protection Bureau (CFPB), New York Department of Financial Services (NYDFS), state attorneys general and foreign regulators.\nPrior to joining private practice, Matthew served for three-and-a-half years at JPMorgan Chase, where he was Executive Vice President and General Counsel for Chase Consumer \u0026amp; Community Banking, which included JPMorgan Chase’s Private Wealth Management, Card and Merchant Services, Auto Finance, Student Loan, Consumer Banking, Business Banking and Mortgage Banking businesses.\nMatthew also served as Executive Vice President and Deputy General Counsel of The Bank of New York Mellon Corporation for almost seven years, becoming the second youngest person in BNY’s history to be promoted to Executive Vice President. He also served as BNY Mellon’s Global Head of Litigation and supervised various corporate functions that included the Office of the Corporate Secretary.\nMatthew spent the first 12 years of his career in government, serving in the U.S. Attorney’s Office for the Southern District of New York, where he was an Assistant U.S. Attorney in the Criminal Division and received the Attorney General’s Director Award for superior performance. Previously, he was an Assistant District Attorney in the New York County District Attorney’s Office. He argued numerous appeals in the Second Circuit Court of Appeals and was lead counsel in more than 25 federal and state trials. Matthew Biben lawyer Partner Ranked for his “standout expertise” in the category of “Banking (Enforcement \u0026amp; Investigations)” Chamber USA – Nationwide (Band 3) 2020-2026 Nationally recommended in the category of Financial Services Litigation, “tenacious but balanced litigator”  The Legal 500 US 2016-2026 Recognized as Benchmark Litigation “Litigation Star” Benchmark Litigation Recognized as Lawdragon 500 Leading Global Entertainment, Sports \u0026amp; Media Lawyer Lawdragon, 2024-2026 Cornell University Cornell Law School University of Pennsylvania University of Pennsylvania Law School Supreme Court of the United States U.S. Court of Appeals for the Second Circuit U.S. District Court for the Eastern District of New York U.S. District Court for the Southern District of New York New York University of Pennsylvania Carey Law School – Board of Trustees American Arbitration Association – Board Member New York Legal Assistance Group - Member Board of Directors New York Lawyers for the Public Interest - Director Anti-Money Laundering\nRoutinely advise banks and non-banks on BSA/AML compliance and enforcement issues including: Represented Societe Generale before the FRB and the Federal Reserve Bank of New York and separately before the NYDFS in negotiating a successful settlement regarding the bank’s BSA/AML compliance and risk management programs Successfully represented Mashreq Bank in negotiating a favorable settlement with the NYDFS, NYFed, FRB, and OFAC resolving wide ranging BSA/AML and Sanctions issues Successfully defended Habib Bank against a $630 million lawsuit by the NYDFS and negotiating a $225 million settlement relating to long-running AML/BSA compliance issues and assisting Habib in winding down the business of their NY branch Successfully represented Coinbase in sweeping NYDFS investigation relating to BSA/AML and other compliance issues Advised a large foreign bank in responding to the DOJ investigation of Mossack Fonseca \u0026amp; and the “Panama Papers” Complex Civil Litigation\nRepresented FanDuel and DraftKings in a landmark victory in the NY Court of Appeals legalizing interactive fantasy sports in New York State (garnering American Lawyer Litigator of the Week runner-up honors) Represent FanDuel in a New York State Court litigation brought on by the former founders of FanDuel relating to merger acquisition violation Represent BlackRock in litigation relating to mortgage-era fraud allegations Represented Macquarie Asset Management in a joint venture dispute relating to drag-along rights Represent leading global investment bank in arbitration relating to a joint venture dispute Represented ad hoc 1st lien term lenders in the Mallinckrodt bankruptcy Represented FanDuel in a lawsuit and settlement with the New York Attorney General (NYAG) over the legality of daily fantasy sports and later resolving allegations of false advertising whereby the NYAG dropped its claims challenging the legality of FanDuel’s contests after a change in the New York State law permitting daily fantasy sports Successfully represented the Chairman of the board of Rio Tinto in a broad ranging SEC investigation into accounting fraud Banks and Financial Institutions\nIn addition to BSA/AML advice, I have extensively advised on bank regulatory compliance and enforcement issues, including the CFPB, the FRB, NYDFS, FDIC, OCC and others, including: Successfully represented Truist in a long-running DOJ FIRREA investigation of their trust businesses in a cost-of-litigation settlement where all allegations were denied Advised a global bank on fair lender compliance issue in relation to DFS investigation Successfully represented a superregional bank in a CFPB into investigation into TISA compliance avoiding an enforcement action Represented financial institutions and individuals in SEC investigations, including the Chairman of the Board of a Fortune 100 company Represented a leading Fintech company in a CFPB investigation relating to FCRA and UDAAP allegations Successfully represented Toyota Financial Services in a DOJ and CFPB investigation and negotiating a favorable settlement relating to the indirect auto lender’s fair lending practices Represented a senior executive of one of the largest global banks in a DOJ investigation of RMBS and a separate OCC investigation persuading both agencies after years of investigation to close their investigations without action Lead an extensive internal investigation and representing a large foreign bank before the FRB and NYDFS concerning Regulation W compliance issues Advised a large foreign bank in responding to a multi-state attorneys general investigation of its auto lending and securitization practices Represented senior finance and actuarial employees of AMBAC in SEC investigation of accounting fraud Represented the CFO of an insurance company in an investigation before the NYDFS which resulted in the matter being closed without action Represented Admirals Bank, as it restructured operations in the face of significant regulatory scrutiny and complex bank regulatory and enforcement issues Successfully represented Root Insurance in a New York Attorney General investigation relating to data breach allegations Governance\nServed as a Director and Chair of the Governance Committee of the largest privately held bank. BNY Melon Corporate Secretary was a direct report. Extensive pro bono governance work. Write and lecture on the topic. A sample of representations include: Provided the Board of Directors of multiple financial institutions with advice on their annual self-evaluation as well as broader governance issues including expectations and guidance as applied to bank boards Represented the Board of Directors of Bed Bath \u0026amp; Beyond in an internal investigation concerning compensation and disclosure issues","searchable_name":"Matthew L. Biben (Matt)","is_active":true,"featured":null,"publish_date":null,"expiration_date":null,"blog_featured":null,"published_by":202,"capability_group_featured":null,"home_page_featured":null},{"id":442383,"version":1,"owner_type":"Person","owner_id":1005,"payload":{"bio":"\u003cp\u003eRandy Butterfield helps lead the firm\u0026rsquo;s Atlanta Environmental, Health and Safety Practice Group, where he concentrates his practice on environmental and toxic tort litigation as well as\u0026nbsp;emergency incident response. Randy's practice focuses in particular on assisting clients in the wake of catastrophic emergency incidents, such as explosions, fires, industrial accidents, chemical releases, spills, and other environmental and industrial calamities. In that capacity, Randy is frequently called upon in the immediate aftermath of these emergencies to provide time-critical crisis management addressing a wide range of pressing concerns, including forensic investigation; workplace safety; site security and evidence preservation; regulatory disclosures, investigation, and potential enforcement; environmental remediation; internal investigations; and insurance coverage. Recent incidents on which Randy has helped lead the response have involved over $2 billion in property damages, business losses, and insurance claims; significant personal injury lawsuits; as well as enforcement actions from federal and state regulators.[[--readmore--]]\u003c/p\u003e\n\u003cp\u003eIn addition, Randy has handled numerous mass joinder and class action cases involving personal injury and property damage claims, both at the trial and appellate levels. Randy has played a particularly significant role in preparing and defending the defense experts\u0026mdash;as well as deposing and critiquing plaintiffs\u0026rsquo; experts\u0026mdash;on a wide variety of technical topics, such as air and groundwater modeling, emission inventories, dose reconstruction, geostatistics, human health risk assessment, toxicology, epidemiology,\u0026nbsp;fate and transport,\u0026nbsp;remediation,\u0026nbsp;property valuation, and damage assessments. Over his career, Randy\u0026rsquo;s litigation matters have involved nearly every major piece of environmental legislation as well as the entire spectrum of common law tort claims.\u003c/p\u003e\n\u003cp\u003eRandy has published several articles involving the potential application and use of federal and state regulatory standards in the toxic tort context. He has also co-authored a chapter on legal defenses in toxic tort cases in a treatise published by the American Bar Association as well as a chapter on administrative appeals published by LexisNexis. Randy served on the Environmental and Toxic Tort Section of the Atlanta Bar Association, including as Board Chair in 2018. Randy also served on\u0026nbsp;\u003cem\u003eLaw360\u003c/em\u003e\u0026rsquo;s Environmental Editorial Advisory Board from 2021-2022.\u003c/p\u003e\n\u003cp\u003e\u003cstrong\u003eBooks, Articles \u0026amp; Presentations\u003c/strong\u003e\u003c/p\u003e\n\u003cp\u003e\u0026bull; LexisNexis Practice Guide:\u0026nbsp;\u003cem\u003eGeorgia Environmental Law\u003c/em\u003e, 2022 ed.\u003c/p\u003e\n\u003cp\u003e\u0026bull; Randy J. Butterfield, moderator, Roundtable with Georgia Office of State Administrative Hearing Judges\u0026nbsp;\u0026amp; Litigants, Atlanta Bar Association, Toxic Tort and Environmental Law CLE, Feb. 1, 2018\u003c/p\u003e\n\u003cp\u003e\u0026bull; Randy J. Butterfield \u0026amp; Stephen A. McCullers,\u0026nbsp;\u003cem\u003eRaising the Class Action Certification Bar in Georgia:\u0026nbsp;\u003c/em\u003eGeorgia-Pacific Consumer Products, LP v. Ratner, Perspectives on Georgia\u0026rsquo;s Environment (State Bar of\u0026nbsp;Georgia), Spring 2015, at 6-9\u003c/p\u003e\n\u003cp\u003e\u0026bull; Randy J. Butterfield,\u0026nbsp;\u003cem\u003eRecent \u0026amp; Recurring Issues in Toxic Tort Cases\u003c/em\u003e, State Bar of Georgia, Toxic Tort\u0026nbsp;Litigation CLE, Mar. 2014\u003c/p\u003e\n\u003cp\u003e\u0026bull; J Kevin Buster \u0026amp; Randy J. Butterfield,\u0026nbsp;\u003cem\u003eCommon Defenses in Toxic Tort Litigation\u003c/em\u003e\u0026nbsp;(book chapter) (ABA\u0026nbsp;2d ed. 2013)\u003c/p\u003e\n\u003cp\u003e\u0026bull; Randy J. Butterfield, Note,\u0026nbsp;\u003cem\u003eRecovering Environmental Cleanup Costs Under the Resource Conservation\u0026nbsp;and Recovery Act: A Potential Solution to a Persistent Problem\u003c/em\u003e, 49 Vand. L. Rev. 689 (1997)\u003c/p\u003e","slug":"randall-butterfield","email":"rbutterfield@kslaw.com","phone":null,"matters":["\u003cp\u003eA midstream energy company in connection with investigations by Federal and State environmental agencies as well as the Occupational Safety and Health Administration (OSHA) into an explosion and fire at a natural gas processing facility resulting in catastrophic loss. Oversaw root cause investigation, coordinated responses to agency inquiries, and provided advice and counsel in connection with successful insurance recovery.\u003c/p\u003e","\u003cp\u003eOne of the world\u0026rsquo;s largest producers of methanol from natural gas as standby incident response counsel, including in connection with environmental investigations into spills and releases.\u003c/p\u003e","\u003cp\u003eAn LNG facility in connection with government investigations by the Pipeline and Hazardous Materials Safety Administration (PHMSA) and the U.S. Chemical Safety and Hazard Investigation Board (CSB) arising out of an explosion that resulted in operational shutdown and extensive damage to piping and other equipment and in connection with insurance coverage concerns.\u003c/p\u003e","\u003cp\u003eA Fortune 50 energy company in connection with the February 2023 Norfolk Southern freight train derailment in East Palestine, Ohio.\u003c/p\u003e","\u003cp\u003eAn international chemical manufacturer in response to an explosion at its largest U.S. manufacturing facility, including helping to lead the emergency incident response and internal investigation as well as responding to regulatory inquiries by, among others OSHA; State and Federal environmental agencies; the CSB; and the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF).\u003c/p\u003e","\u003cp\u003eThe country\u0026rsquo;s largest specialty paper company following the catastrophic explosion of two continuous pulp digesters. Helped lead the team handling the emergency response, including handling the root cause investigation, successfully resolving investigations by the U.S. Environmental Protection Agency, OSHA, CSB, and numerous state regulatory agencies, and securing a significant settlement of its insurance claim.\u003c/p\u003e","\u003cp\u003eA worldwide mining and petroleum company as standby incident response counsel.\u003c/p\u003e","\u003cp\u003eAn engineering and construction company in connection with a trench collapse resulting in a fatality, including responding to OSHA\u0026rsquo;s resulting investigation and implementing a nationwide safety audit.\u003c/p\u003e","\u003cp\u003eA carbon capture company in connection with building collapse resulting in extensive damages to multiple rail cars. Led root cause investigation.\u003c/p\u003e","\u003cp\u003eA water and wastewater treatment provider in connection with a civil and criminal investigation into wastewater treatment plant compliance involving allegations of falsification of records.\u003c/p\u003e","\u003cp\u003eOne of the largest specialty pulp and paper manufacturers in the United States in connection with investigations by EPA, OSHA, and various state and local agencies arising out of a catastrophic explosion.\u003c/p\u003e","\u003cp\u003eA chemical facility following release of trichlorosilane during line break that resulted in serious injuries to contractors.\u003c/p\u003e","\u003cp\u003eA chemical facility in connection with explosion caused by the failure of an expansion joint, resulting in numerous injuries and one fatality.\u003c/p\u003e","\u003cp\u003eA medical sterilization company in pending litigation involving air emissions of ethylene oxide (EtO) from its facility in Colorado.\u003c/p\u003e","\u003cp\u003eA world-leading manufacturer to defend the claims of 3,000 plaintiffs stemming from air emissions of lead, arsenic, and other substances from a polymetallic smelter in Peru.\u003c/p\u003e","\u003cp\u003eSuccessfully resolved regulatory enforcement actions against a Fortune 100 company involving EPA\u0026rsquo;s Lead Renovation, Repair and Painting (\u0026ldquo;RRP\u0026rdquo;) Rule under the Toxic Substances Control Act (\u0026ldquo;TSCA\u0026rdquo;).\u003c/p\u003e","\u003cp\u003eA large paper manufacturer following a catastrophic fire at its New Jersey production facility. Helped lead the core team that successfully resolved all State and Federal regulatory investigations and secured a significant settlement of its insurance claims.\u003c/p\u003e","\u003cp\u003eRayonier Performance Fibers in securing renewal of the NPDES discharge permit for its Jesup pulp mill, the world's largest producer of cellulose specialty products. The permit had been reversed by the administrative law judge, who imposed a novel and unreasonable construction of the narrative water quality standard. That erroneous decision, which threatened the permitting program for all industrial and municipal dischargers in Georgia, was reversed on appeal, ultimately leading to affirmance of the renewed permit.\u0026nbsp;\u003cem\u003eAltamaha Riverkeeper, Inc. v. Rayonier Performance Fibers, LLC\u003c/em\u003e, 816 S.E.2d 125 (Ga. Ct. App. 2018), cert. denied (Aug. 5, 2019).\u003c/p\u003e","\u003cp\u003eRayonier Performance Fibers in a citizen suit alleging that the pulp mill was violating its NPDES discharge permit. District court granted summary judgment in favor of Rayonier on all counts.\u0026nbsp;\u003cem\u003eAltamaha Riverkeeper, Inc. v. Rayonier, Inc.\u003c/em\u003e, No. CV 214-44, 2015 U.S. Dist. LEXIS 42849 (S.D. Ga. Mar. 31, 2015).\u003c/p\u003e","\u003cp\u003eSea Island Company in securing, and successfully defending to an Administrative Law Judge and then to Superior Court, the state Shore Protection Act permit for a controversial beach nourishment, dune construction, and groin project along three miles of beachfront property. In subsequent related litigation brought in federal court, obtained summary judgment upholding the contested permits.\u0026nbsp;\u003cem\u003eAltamaha Riverkeeper v. U.S. Army Corps of Eng\u0026rsquo;rs\u003c/em\u003e, No. CV 418-251, 2020 WL 5837650 (S.D. Ga. Sept. 30, 2020).\u003c/p\u003e","\u003cp\u003eA large electric utility company in toxic tort litigation involving approximately 150 residents living near Plant Scherer, one of the largest coal-fired power plants in the country. Following oral argument on an early motion to dismiss, plaintiffs voluntarily dismissed all claims.\u003c/p\u003e","\u003cp\u003eA carbon black manufacturer in mass joinder actions filed in West Virginia by hundreds of current and former neighbors, asserting nuisance, trespass, negligence and medical monitoring claims.\u003c/p\u003e","\u003cp\u003eDefense contractors in a putative personal injury and property damage class action seeking some $200 million for alleged exposure to lead, PCBs, and other chemicals associated with historic forge and foundry operations in Anniston, Alabama. Cases ultimately resolved in nuisance value settlements.\u003c/p\u003e","\u003cp\u003eThe City of Atlanta and other local governments in the tri-state \u0026ldquo;water wars\u0026rdquo; litigation involving Georgia, Alabama, and Florida, including the successful defense of Florida\u0026rsquo;s claims that the operation of Georgia reservoirs on the Chattahoochee River have harmed endangered species.\u003c/p\u003e","\u003cp\u003eA chemical manufacturer against claims related to the contamination of a former fertilizer manufacturing facility. Following extensive fact and expert discovery, the district court granted summary judgment in favor of the company on all claims, a decision later affirmed by the U.S. Court of Appeals for the Fourth Circuit.\u003c/p\u003e","\u003cp\u003eA Fortune 50 energy company in the appeal of a $27 million jury verdict in a \u0026ldquo;dram shop\u0026rdquo; case asserting agency liability based upon the use of brand standards for independent service stations. The South Carolina Supreme Court reversed the jury verdict and rendered judgment in favor of the company.\u003c/p\u003e","\u003cp\u003eA chemical manufacturer in a mixture of class actions and individual lawsuits filed in state and federal courts concerning alleged mercury and PCB contamination from the company\u0026rsquo;s former chlor-alkali plant.\u003c/p\u003e","\u003cp\u003eMore than a dozen manufacturers, distributors, or sellers of welding products in several Georgia cases brought on behalf of approximately 500 plaintiffs who alleged personal injury due to inhalation of manganese particles produced by the welding process.\u003c/p\u003e"],"taggings":{"tags":[],"meta_tags":[]},"expertise":[{"id":71,"guid":"71.capabilities","index":0,"source":"capabilities"},{"id":16,"guid":"16.capabilities","index":1,"source":"capabilities"},{"id":1015,"guid":"1015.smart_tags","index":2,"source":"smartTags"},{"id":111,"guid":"111.capabilities","index":3,"source":"capabilities"},{"id":1236,"guid":"1236.smart_tags","index":4,"source":"smartTags"},{"id":1168,"guid":"1168.smart_tags","index":5,"source":"smartTags"},{"id":102,"guid":"102.capabilities","index":6,"source":"capabilities"},{"id":81,"guid":"81.capabilities","index":7,"source":"capabilities"},{"id":17,"guid":"17.capabilities","index":8,"source":"capabilities"},{"id":764,"guid":"764.smart_tags","index":9,"source":"smartTags"},{"id":11,"guid":"11.capabilities","index":10,"source":"capabilities"},{"id":103,"guid":"103.capabilities","index":11,"source":"capabilities"}],"is_active":true,"last_name":"Butterfield","nick_name":"Randy","clerkships":[{"name":"Law Clerk, Chief Judge Robert L. Echols, U.S. District Court for the Middle District of Tennessee","years_held":"1997 - 1999"}],"first_name":"Randall","title_rank":9999,"updated_by":34,"law_schools":[],"middle_name":"J.","name_suffix":"","recognitions":[{"title":"Law360 Selects Nine from King \u0026 Spalding to Serve on 2021 Editorial Advisory Boards","detail":"Law 360, April 2021"}],"linked_in_url":"https://www.linkedin.com/in/randy-butterfield-237ab87/","seodescription":null,"primary_title_id":15,"translated_fields":{"en":{"bio":"\u003cp\u003eRandy Butterfield helps lead the firm\u0026rsquo;s Atlanta Environmental, Health and Safety Practice Group, where he concentrates his practice on environmental and toxic tort litigation as well as\u0026nbsp;emergency incident response. Randy's practice focuses in particular on assisting clients in the wake of catastrophic emergency incidents, such as explosions, fires, industrial accidents, chemical releases, spills, and other environmental and industrial calamities. In that capacity, Randy is frequently called upon in the immediate aftermath of these emergencies to provide time-critical crisis management addressing a wide range of pressing concerns, including forensic investigation; workplace safety; site security and evidence preservation; regulatory disclosures, investigation, and potential enforcement; environmental remediation; internal investigations; and insurance coverage. Recent incidents on which Randy has helped lead the response have involved over $2 billion in property damages, business losses, and insurance claims; significant personal injury lawsuits; as well as enforcement actions from federal and state regulators.[[--readmore--]]\u003c/p\u003e\n\u003cp\u003eIn addition, Randy has handled numerous mass joinder and class action cases involving personal injury and property damage claims, both at the trial and appellate levels. Randy has played a particularly significant role in preparing and defending the defense experts\u0026mdash;as well as deposing and critiquing plaintiffs\u0026rsquo; experts\u0026mdash;on a wide variety of technical topics, such as air and groundwater modeling, emission inventories, dose reconstruction, geostatistics, human health risk assessment, toxicology, epidemiology,\u0026nbsp;fate and transport,\u0026nbsp;remediation,\u0026nbsp;property valuation, and damage assessments. Over his career, Randy\u0026rsquo;s litigation matters have involved nearly every major piece of environmental legislation as well as the entire spectrum of common law tort claims.\u003c/p\u003e\n\u003cp\u003eRandy has published several articles involving the potential application and use of federal and state regulatory standards in the toxic tort context. He has also co-authored a chapter on legal defenses in toxic tort cases in a treatise published by the American Bar Association as well as a chapter on administrative appeals published by LexisNexis. Randy served on the Environmental and Toxic Tort Section of the Atlanta Bar Association, including as Board Chair in 2018. Randy also served on\u0026nbsp;\u003cem\u003eLaw360\u003c/em\u003e\u0026rsquo;s Environmental Editorial Advisory Board from 2021-2022.\u003c/p\u003e\n\u003cp\u003e\u003cstrong\u003eBooks, Articles \u0026amp; Presentations\u003c/strong\u003e\u003c/p\u003e\n\u003cp\u003e\u0026bull; LexisNexis Practice Guide:\u0026nbsp;\u003cem\u003eGeorgia Environmental Law\u003c/em\u003e, 2022 ed.\u003c/p\u003e\n\u003cp\u003e\u0026bull; Randy J. Butterfield, moderator, Roundtable with Georgia Office of State Administrative Hearing Judges\u0026nbsp;\u0026amp; Litigants, Atlanta Bar Association, Toxic Tort and Environmental Law CLE, Feb. 1, 2018\u003c/p\u003e\n\u003cp\u003e\u0026bull; Randy J. Butterfield \u0026amp; Stephen A. McCullers,\u0026nbsp;\u003cem\u003eRaising the Class Action Certification Bar in Georgia:\u0026nbsp;\u003c/em\u003eGeorgia-Pacific Consumer Products, LP v. Ratner, Perspectives on Georgia\u0026rsquo;s Environment (State Bar of\u0026nbsp;Georgia), Spring 2015, at 6-9\u003c/p\u003e\n\u003cp\u003e\u0026bull; Randy J. Butterfield,\u0026nbsp;\u003cem\u003eRecent \u0026amp; Recurring Issues in Toxic Tort Cases\u003c/em\u003e, State Bar of Georgia, Toxic Tort\u0026nbsp;Litigation CLE, Mar. 2014\u003c/p\u003e\n\u003cp\u003e\u0026bull; J Kevin Buster \u0026amp; Randy J. Butterfield,\u0026nbsp;\u003cem\u003eCommon Defenses in Toxic Tort Litigation\u003c/em\u003e\u0026nbsp;(book chapter) (ABA\u0026nbsp;2d ed. 2013)\u003c/p\u003e\n\u003cp\u003e\u0026bull; Randy J. Butterfield, Note,\u0026nbsp;\u003cem\u003eRecovering Environmental Cleanup Costs Under the Resource Conservation\u0026nbsp;and Recovery Act: A Potential Solution to a Persistent Problem\u003c/em\u003e, 49 Vand. L. Rev. 689 (1997)\u003c/p\u003e","matters":["\u003cp\u003eA midstream energy company in connection with investigations by Federal and State environmental agencies as well as the Occupational Safety and Health Administration (OSHA) into an explosion and fire at a natural gas processing facility resulting in catastrophic loss. Oversaw root cause investigation, coordinated responses to agency inquiries, and provided advice and counsel in connection with successful insurance recovery.\u003c/p\u003e","\u003cp\u003eOne of the world\u0026rsquo;s largest producers of methanol from natural gas as standby incident response counsel, including in connection with environmental investigations into spills and releases.\u003c/p\u003e","\u003cp\u003eAn LNG facility in connection with government investigations by the Pipeline and Hazardous Materials Safety Administration (PHMSA) and the U.S. Chemical Safety and Hazard Investigation Board (CSB) arising out of an explosion that resulted in operational shutdown and extensive damage to piping and other equipment and in connection with insurance coverage concerns.\u003c/p\u003e","\u003cp\u003eA Fortune 50 energy company in connection with the February 2023 Norfolk Southern freight train derailment in East Palestine, Ohio.\u003c/p\u003e","\u003cp\u003eAn international chemical manufacturer in response to an explosion at its largest U.S. manufacturing facility, including helping to lead the emergency incident response and internal investigation as well as responding to regulatory inquiries by, among others OSHA; State and Federal environmental agencies; the CSB; and the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF).\u003c/p\u003e","\u003cp\u003eThe country\u0026rsquo;s largest specialty paper company following the catastrophic explosion of two continuous pulp digesters. Helped lead the team handling the emergency response, including handling the root cause investigation, successfully resolving investigations by the U.S. Environmental Protection Agency, OSHA, CSB, and numerous state regulatory agencies, and securing a significant settlement of its insurance claim.\u003c/p\u003e","\u003cp\u003eA worldwide mining and petroleum company as standby incident response counsel.\u003c/p\u003e","\u003cp\u003eAn engineering and construction company in connection with a trench collapse resulting in a fatality, including responding to OSHA\u0026rsquo;s resulting investigation and implementing a nationwide safety audit.\u003c/p\u003e","\u003cp\u003eA carbon capture company in connection with building collapse resulting in extensive damages to multiple rail cars. Led root cause investigation.\u003c/p\u003e","\u003cp\u003eA water and wastewater treatment provider in connection with a civil and criminal investigation into wastewater treatment plant compliance involving allegations of falsification of records.\u003c/p\u003e","\u003cp\u003eOne of the largest specialty pulp and paper manufacturers in the United States in connection with investigations by EPA, OSHA, and various state and local agencies arising out of a catastrophic explosion.\u003c/p\u003e","\u003cp\u003eA chemical facility following release of trichlorosilane during line break that resulted in serious injuries to contractors.\u003c/p\u003e","\u003cp\u003eA chemical facility in connection with explosion caused by the failure of an expansion joint, resulting in numerous injuries and one fatality.\u003c/p\u003e","\u003cp\u003eA medical sterilization company in pending litigation involving air emissions of ethylene oxide (EtO) from its facility in Colorado.\u003c/p\u003e","\u003cp\u003eA world-leading manufacturer to defend the claims of 3,000 plaintiffs stemming from air emissions of lead, arsenic, and other substances from a polymetallic smelter in Peru.\u003c/p\u003e","\u003cp\u003eSuccessfully resolved regulatory enforcement actions against a Fortune 100 company involving EPA\u0026rsquo;s Lead Renovation, Repair and Painting (\u0026ldquo;RRP\u0026rdquo;) Rule under the Toxic Substances Control Act (\u0026ldquo;TSCA\u0026rdquo;).\u003c/p\u003e","\u003cp\u003eA large paper manufacturer following a catastrophic fire at its New Jersey production facility. Helped lead the core team that successfully resolved all State and Federal regulatory investigations and secured a significant settlement of its insurance claims.\u003c/p\u003e","\u003cp\u003eRayonier Performance Fibers in securing renewal of the NPDES discharge permit for its Jesup pulp mill, the world's largest producer of cellulose specialty products. The permit had been reversed by the administrative law judge, who imposed a novel and unreasonable construction of the narrative water quality standard. That erroneous decision, which threatened the permitting program for all industrial and municipal dischargers in Georgia, was reversed on appeal, ultimately leading to affirmance of the renewed permit.\u0026nbsp;\u003cem\u003eAltamaha Riverkeeper, Inc. v. Rayonier Performance Fibers, LLC\u003c/em\u003e, 816 S.E.2d 125 (Ga. Ct. App. 2018), cert. denied (Aug. 5, 2019).\u003c/p\u003e","\u003cp\u003eRayonier Performance Fibers in a citizen suit alleging that the pulp mill was violating its NPDES discharge permit. District court granted summary judgment in favor of Rayonier on all counts.\u0026nbsp;\u003cem\u003eAltamaha Riverkeeper, Inc. v. Rayonier, Inc.\u003c/em\u003e, No. CV 214-44, 2015 U.S. Dist. LEXIS 42849 (S.D. Ga. Mar. 31, 2015).\u003c/p\u003e","\u003cp\u003eSea Island Company in securing, and successfully defending to an Administrative Law Judge and then to Superior Court, the state Shore Protection Act permit for a controversial beach nourishment, dune construction, and groin project along three miles of beachfront property. In subsequent related litigation brought in federal court, obtained summary judgment upholding the contested permits.\u0026nbsp;\u003cem\u003eAltamaha Riverkeeper v. U.S. Army Corps of Eng\u0026rsquo;rs\u003c/em\u003e, No. CV 418-251, 2020 WL 5837650 (S.D. Ga. Sept. 30, 2020).\u003c/p\u003e","\u003cp\u003eA large electric utility company in toxic tort litigation involving approximately 150 residents living near Plant Scherer, one of the largest coal-fired power plants in the country. Following oral argument on an early motion to dismiss, plaintiffs voluntarily dismissed all claims.\u003c/p\u003e","\u003cp\u003eA carbon black manufacturer in mass joinder actions filed in West Virginia by hundreds of current and former neighbors, asserting nuisance, trespass, negligence and medical monitoring claims.\u003c/p\u003e","\u003cp\u003eDefense contractors in a putative personal injury and property damage class action seeking some $200 million for alleged exposure to lead, PCBs, and other chemicals associated with historic forge and foundry operations in Anniston, Alabama. Cases ultimately resolved in nuisance value settlements.\u003c/p\u003e","\u003cp\u003eThe City of Atlanta and other local governments in the tri-state \u0026ldquo;water wars\u0026rdquo; litigation involving Georgia, Alabama, and Florida, including the successful defense of Florida\u0026rsquo;s claims that the operation of Georgia reservoirs on the Chattahoochee River have harmed endangered species.\u003c/p\u003e","\u003cp\u003eA chemical manufacturer against claims related to the contamination of a former fertilizer manufacturing facility. Following extensive fact and expert discovery, the district court granted summary judgment in favor of the company on all claims, a decision later affirmed by the U.S. Court of Appeals for the Fourth Circuit.\u003c/p\u003e","\u003cp\u003eA Fortune 50 energy company in the appeal of a $27 million jury verdict in a \u0026ldquo;dram shop\u0026rdquo; case asserting agency liability based upon the use of brand standards for independent service stations. The South Carolina Supreme Court reversed the jury verdict and rendered judgment in favor of the company.\u003c/p\u003e","\u003cp\u003eA chemical manufacturer in a mixture of class actions and individual lawsuits filed in state and federal courts concerning alleged mercury and PCB contamination from the company\u0026rsquo;s former chlor-alkali plant.\u003c/p\u003e","\u003cp\u003eMore than a dozen manufacturers, distributors, or sellers of welding products in several Georgia cases brought on behalf of approximately 500 plaintiffs who alleged personal injury due to inhalation of manganese particles produced by the welding process.\u003c/p\u003e"],"recognitions":[{"title":"Law360 Selects Nine from King \u0026 Spalding to Serve on 2021 Editorial Advisory Boards","detail":"Law 360, April 2021"}]},"locales":["en"]},"secondary_title_id":null,"upload_assignments":{"headshot":[{"id":757}]},"capability_group_id":2},"created_at":"2025-11-05T05:04:00.000Z","updated_at":"2025-11-05T05:04:00.000Z","searchable_text":"Butterfield{{ FIELD }}{:title=\u0026gt;\"Law360 Selects Nine from King \u0026amp; Spalding to Serve on 2021 Editorial Advisory Boards\", :detail=\u0026gt;\"Law 360, April 2021\"}{{ FIELD }}A midstream energy company in connection with investigations by Federal and State environmental agencies as well as the Occupational Safety and Health Administration (OSHA) into an explosion and fire at a natural gas processing facility resulting in catastrophic loss. Oversaw root cause investigation, coordinated responses to agency inquiries, and provided advice and counsel in connection with successful insurance recovery.{{ FIELD }}One of the world’s largest producers of methanol from natural gas as standby incident response counsel, including in connection with environmental investigations into spills and releases.{{ FIELD }}An LNG facility in connection with government investigations by the Pipeline and Hazardous Materials Safety Administration (PHMSA) and the U.S. Chemical Safety and Hazard Investigation Board (CSB) arising out of an explosion that resulted in operational shutdown and extensive damage to piping and other equipment and in connection with insurance coverage concerns.{{ FIELD }}A Fortune 50 energy company in connection with the February 2023 Norfolk Southern freight train derailment in East Palestine, Ohio.{{ FIELD }}An international chemical manufacturer in response to an explosion at its largest U.S. manufacturing facility, including helping to lead the emergency incident response and internal investigation as well as responding to regulatory inquiries by, among others OSHA; State and Federal environmental agencies; the CSB; and the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF).{{ FIELD }}The country’s largest specialty paper company following the catastrophic explosion of two continuous pulp digesters. Helped lead the team handling the emergency response, including handling the root cause investigation, successfully resolving investigations by the U.S. Environmental Protection Agency, OSHA, CSB, and numerous state regulatory agencies, and securing a significant settlement of its insurance claim.{{ FIELD }}A worldwide mining and petroleum company as standby incident response counsel.{{ FIELD }}An engineering and construction company in connection with a trench collapse resulting in a fatality, including responding to OSHA’s resulting investigation and implementing a nationwide safety audit.{{ FIELD }}A carbon capture company in connection with building collapse resulting in extensive damages to multiple rail cars. Led root cause investigation.{{ FIELD }}A water and wastewater treatment provider in connection with a civil and criminal investigation into wastewater treatment plant compliance involving allegations of falsification of records.{{ FIELD }}One of the largest specialty pulp and paper manufacturers in the United States in connection with investigations by EPA, OSHA, and various state and local agencies arising out of a catastrophic explosion.{{ FIELD }}A chemical facility following release of trichlorosilane during line break that resulted in serious injuries to contractors.{{ FIELD }}A chemical facility in connection with explosion caused by the failure of an expansion joint, resulting in numerous injuries and one fatality.{{ FIELD }}A medical sterilization company in pending litigation involving air emissions of ethylene oxide (EtO) from its facility in Colorado.{{ FIELD }}A world-leading manufacturer to defend the claims of 3,000 plaintiffs stemming from air emissions of lead, arsenic, and other substances from a polymetallic smelter in Peru.{{ FIELD }}Successfully resolved regulatory enforcement actions against a Fortune 100 company involving EPA’s Lead Renovation, Repair and Painting (“RRP”) Rule under the Toxic Substances Control Act (“TSCA”).{{ FIELD }}A large paper manufacturer following a catastrophic fire at its New Jersey production facility. Helped lead the core team that successfully resolved all State and Federal regulatory investigations and secured a significant settlement of its insurance claims.{{ FIELD }}Rayonier Performance Fibers in securing renewal of the NPDES discharge permit for its Jesup pulp mill, the world's largest producer of cellulose specialty products. The permit had been reversed by the administrative law judge, who imposed a novel and unreasonable construction of the narrative water quality standard. That erroneous decision, which threatened the permitting program for all industrial and municipal dischargers in Georgia, was reversed on appeal, ultimately leading to affirmance of the renewed permit. Altamaha Riverkeeper, Inc. v. Rayonier Performance Fibers, LLC, 816 S.E.2d 125 (Ga. Ct. App. 2018), cert. denied (Aug. 5, 2019).{{ FIELD }}Rayonier Performance Fibers in a citizen suit alleging that the pulp mill was violating its NPDES discharge permit. District court granted summary judgment in favor of Rayonier on all counts. Altamaha Riverkeeper, Inc. v. Rayonier, Inc., No. CV 214-44, 2015 U.S. Dist. LEXIS 42849 (S.D. Ga. Mar. 31, 2015).{{ FIELD }}Sea Island Company in securing, and successfully defending to an Administrative Law Judge and then to Superior Court, the state Shore Protection Act permit for a controversial beach nourishment, dune construction, and groin project along three miles of beachfront property. In subsequent related litigation brought in federal court, obtained summary judgment upholding the contested permits. Altamaha Riverkeeper v. U.S. Army Corps of Eng’rs, No. CV 418-251, 2020 WL 5837650 (S.D. Ga. Sept. 30, 2020).{{ FIELD }}A large electric utility company in toxic tort litigation involving approximately 150 residents living near Plant Scherer, one of the largest coal-fired power plants in the country. Following oral argument on an early motion to dismiss, plaintiffs voluntarily dismissed all claims.{{ FIELD }}A carbon black manufacturer in mass joinder actions filed in West Virginia by hundreds of current and former neighbors, asserting nuisance, trespass, negligence and medical monitoring claims.{{ FIELD }}Defense contractors in a putative personal injury and property damage class action seeking some $200 million for alleged exposure to lead, PCBs, and other chemicals associated with historic forge and foundry operations in Anniston, Alabama. Cases ultimately resolved in nuisance value settlements.{{ FIELD }}The City of Atlanta and other local governments in the tri-state “water wars” litigation involving Georgia, Alabama, and Florida, including the successful defense of Florida’s claims that the operation of Georgia reservoirs on the Chattahoochee River have harmed endangered species.{{ FIELD }}A chemical manufacturer against claims related to the contamination of a former fertilizer manufacturing facility. Following extensive fact and expert discovery, the district court granted summary judgment in favor of the company on all claims, a decision later affirmed by the U.S. Court of Appeals for the Fourth Circuit.{{ FIELD }}A Fortune 50 energy company in the appeal of a $27 million jury verdict in a “dram shop” case asserting agency liability based upon the use of brand standards for independent service stations. The South Carolina Supreme Court reversed the jury verdict and rendered judgment in favor of the company.{{ FIELD }}A chemical manufacturer in a mixture of class actions and individual lawsuits filed in state and federal courts concerning alleged mercury and PCB contamination from the company’s former chlor-alkali plant.{{ FIELD }}More than a dozen manufacturers, distributors, or sellers of welding products in several Georgia cases brought on behalf of approximately 500 plaintiffs who alleged personal injury due to inhalation of manganese particles produced by the welding process.{{ FIELD }}Randy Butterfield helps lead the firm’s Atlanta Environmental, Health and Safety Practice Group, where he concentrates his practice on environmental and toxic tort litigation as well as emergency incident response. Randy's practice focuses in particular on assisting clients in the wake of catastrophic emergency incidents, such as explosions, fires, industrial accidents, chemical releases, spills, and other environmental and industrial calamities. In that capacity, Randy is frequently called upon in the immediate aftermath of these emergencies to provide time-critical crisis management addressing a wide range of pressing concerns, including forensic investigation; workplace safety; site security and evidence preservation; regulatory disclosures, investigation, and potential enforcement; environmental remediation; internal investigations; and insurance coverage. Recent incidents on which Randy has helped lead the response have involved over $2 billion in property damages, business losses, and insurance claims; significant personal injury lawsuits; as well as enforcement actions from federal and state regulators.\nIn addition, Randy has handled numerous mass joinder and class action cases involving personal injury and property damage claims, both at the trial and appellate levels. Randy has played a particularly significant role in preparing and defending the defense experts—as well as deposing and critiquing plaintiffs’ experts—on a wide variety of technical topics, such as air and groundwater modeling, emission inventories, dose reconstruction, geostatistics, human health risk assessment, toxicology, epidemiology, fate and transport, remediation, property valuation, and damage assessments. Over his career, Randy’s litigation matters have involved nearly every major piece of environmental legislation as well as the entire spectrum of common law tort claims.\nRandy has published several articles involving the potential application and use of federal and state regulatory standards in the toxic tort context. He has also co-authored a chapter on legal defenses in toxic tort cases in a treatise published by the American Bar Association as well as a chapter on administrative appeals published by LexisNexis. Randy served on the Environmental and Toxic Tort Section of the Atlanta Bar Association, including as Board Chair in 2018. Randy also served on Law360’s Environmental Editorial Advisory Board from 2021-2022.\nBooks, Articles \u0026amp; Presentations\n• LexisNexis Practice Guide: Georgia Environmental Law, 2022 ed.\n• Randy J. Butterfield, moderator, Roundtable with Georgia Office of State Administrative Hearing Judges \u0026amp; Litigants, Atlanta Bar Association, Toxic Tort and Environmental Law CLE, Feb. 1, 2018\n• Randy J. Butterfield \u0026amp; Stephen A. McCullers, Raising the Class Action Certification Bar in Georgia: Georgia-Pacific Consumer Products, LP v. Ratner, Perspectives on Georgia’s Environment (State Bar of Georgia), Spring 2015, at 6-9\n• Randy J. Butterfield, Recent \u0026amp; Recurring Issues in Toxic Tort Cases, State Bar of Georgia, Toxic Tort Litigation CLE, Mar. 2014\n• J Kevin Buster \u0026amp; Randy J. Butterfield, Common Defenses in Toxic Tort Litigation (book chapter) (ABA 2d ed. 2013)\n• Randy J. Butterfield, Note, Recovering Environmental Cleanup Costs Under the Resource Conservation and Recovery Act: A Potential Solution to a Persistent Problem, 49 Vand. L. Rev. 689 (1997) Partner Law360 Selects Nine from King \u0026amp; Spalding to Serve on 2021 Editorial Advisory Boards Law 360, April 2021 Arizona State University Sandra Day O'Connor College of Law Vanderbilt University Vanderbilt University School of Law U.S. Court of Appeals for the Fourth Circuit U.S. Court of Appeals for the Fifth Circuit U.S. Court of Appeals for the Eleventh Circuit U.S. District Court for the Northern District of Georgia Georgia Texas Court of Appeals of Georgia Supreme Court of Georgia State Bar of Georgia, Environmental Law Section Atlanta Bar Association, Environmental and Toxic Tort Section (past President) American Bar Association, Section on Natural Resources, Energy and Environmental Law Defense Research Institute (DRI) Law Clerk, Chief Judge Robert L. Echols, U.S. District Court for the Middle District of Tennessee A midstream energy company in connection with investigations by Federal and State environmental agencies as well as the Occupational Safety and Health Administration (OSHA) into an explosion and fire at a natural gas processing facility resulting in catastrophic loss. Oversaw root cause investigation, coordinated responses to agency inquiries, and provided advice and counsel in connection with successful insurance recovery. One of the world’s largest producers of methanol from natural gas as standby incident response counsel, including in connection with environmental investigations into spills and releases. An LNG facility in connection with government investigations by the Pipeline and Hazardous Materials Safety Administration (PHMSA) and the U.S. Chemical Safety and Hazard Investigation Board (CSB) arising out of an explosion that resulted in operational shutdown and extensive damage to piping and other equipment and in connection with insurance coverage concerns. A Fortune 50 energy company in connection with the February 2023 Norfolk Southern freight train derailment in East Palestine, Ohio. An international chemical manufacturer in response to an explosion at its largest U.S. manufacturing facility, including helping to lead the emergency incident response and internal investigation as well as responding to regulatory inquiries by, among others OSHA; State and Federal environmental agencies; the CSB; and the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF). The country’s largest specialty paper company following the catastrophic explosion of two continuous pulp digesters. Helped lead the team handling the emergency response, including handling the root cause investigation, successfully resolving investigations by the U.S. Environmental Protection Agency, OSHA, CSB, and numerous state regulatory agencies, and securing a significant settlement of its insurance claim. A worldwide mining and petroleum company as standby incident response counsel. An engineering and construction company in connection with a trench collapse resulting in a fatality, including responding to OSHA’s resulting investigation and implementing a nationwide safety audit. A carbon capture company in connection with building collapse resulting in extensive damages to multiple rail cars. Led root cause investigation. A water and wastewater treatment provider in connection with a civil and criminal investigation into wastewater treatment plant compliance involving allegations of falsification of records. One of the largest specialty pulp and paper manufacturers in the United States in connection with investigations by EPA, OSHA, and various state and local agencies arising out of a catastrophic explosion. A chemical facility following release of trichlorosilane during line break that resulted in serious injuries to contractors. A chemical facility in connection with explosion caused by the failure of an expansion joint, resulting in numerous injuries and one fatality. A medical sterilization company in pending litigation involving air emissions of ethylene oxide (EtO) from its facility in Colorado. A world-leading manufacturer to defend the claims of 3,000 plaintiffs stemming from air emissions of lead, arsenic, and other substances from a polymetallic smelter in Peru. Successfully resolved regulatory enforcement actions against a Fortune 100 company involving EPA’s Lead Renovation, Repair and Painting (“RRP”) Rule under the Toxic Substances Control Act (“TSCA”). A large paper manufacturer following a catastrophic fire at its New Jersey production facility. Helped lead the core team that successfully resolved all State and Federal regulatory investigations and secured a significant settlement of its insurance claims. Rayonier Performance Fibers in securing renewal of the NPDES discharge permit for its Jesup pulp mill, the world's largest producer of cellulose specialty products. The permit had been reversed by the administrative law judge, who imposed a novel and unreasonable construction of the narrative water quality standard. That erroneous decision, which threatened the permitting program for all industrial and municipal dischargers in Georgia, was reversed on appeal, ultimately leading to affirmance of the renewed permit. Altamaha Riverkeeper, Inc. v. Rayonier Performance Fibers, LLC, 816 S.E.2d 125 (Ga. Ct. App. 2018), cert. denied (Aug. 5, 2019). Rayonier Performance Fibers in a citizen suit alleging that the pulp mill was violating its NPDES discharge permit. District court granted summary judgment in favor of Rayonier on all counts. Altamaha Riverkeeper, Inc. v. Rayonier, Inc., No. CV 214-44, 2015 U.S. Dist. LEXIS 42849 (S.D. Ga. Mar. 31, 2015). Sea Island Company in securing, and successfully defending to an Administrative Law Judge and then to Superior Court, the state Shore Protection Act permit for a controversial beach nourishment, dune construction, and groin project along three miles of beachfront property. In subsequent related litigation brought in federal court, obtained summary judgment upholding the contested permits. Altamaha Riverkeeper v. U.S. Army Corps of Eng’rs, No. CV 418-251, 2020 WL 5837650 (S.D. Ga. Sept. 30, 2020). A large electric utility company in toxic tort litigation involving approximately 150 residents living near Plant Scherer, one of the largest coal-fired power plants in the country. Following oral argument on an early motion to dismiss, plaintiffs voluntarily dismissed all claims. A carbon black manufacturer in mass joinder actions filed in West Virginia by hundreds of current and former neighbors, asserting nuisance, trespass, negligence and medical monitoring claims. Defense contractors in a putative personal injury and property damage class action seeking some $200 million for alleged exposure to lead, PCBs, and other chemicals associated with historic forge and foundry operations in Anniston, Alabama. Cases ultimately resolved in nuisance value settlements. The City of Atlanta and other local governments in the tri-state “water wars” litigation involving Georgia, Alabama, and Florida, including the successful defense of Florida’s claims that the operation of Georgia reservoirs on the Chattahoochee River have harmed endangered species. A chemical manufacturer against claims related to the contamination of a former fertilizer manufacturing facility. Following extensive fact and expert discovery, the district court granted summary judgment in favor of the company on all claims, a decision later affirmed by the U.S. Court of Appeals for the Fourth Circuit. A Fortune 50 energy company in the appeal of a $27 million jury verdict in a “dram shop” case asserting agency liability based upon the use of brand standards for independent service stations. The South Carolina Supreme Court reversed the jury verdict and rendered judgment in favor of the company. A chemical manufacturer in a mixture of class actions and individual lawsuits filed in state and federal courts concerning alleged mercury and PCB contamination from the company’s former chlor-alkali plant. More than a dozen manufacturers, distributors, or sellers of welding products in several Georgia cases brought on behalf of approximately 500 plaintiffs who alleged personal injury due to inhalation of manganese particles produced by the welding process.","searchable_name":"Randall J. Butterfield (Randy)","is_active":true,"featured":null,"publish_date":null,"expiration_date":null,"blog_featured":null,"published_by":34,"capability_group_featured":null,"home_page_featured":null},{"id":443922,"version":1,"owner_type":"Person","owner_id":6610,"payload":{"bio":"\u003cp\u003eMartin Bunt is an associate in King \u0026amp; Spalding\u0026rsquo;s Washington, D.C. office and a member of the firm\u0026rsquo;s Special Matters and Government Investigations practice.\u003c/p\u003e\n\u003cp\u003eMartin focuses his practice on government investigations, internal investigations, white-collar criminal litigation, crisis response and compliance counseling for private companies and government agencies. Martin advises clients on a range of white-collar matters, including the False Claims Act, the Food, Drug \u0026amp; Cosmetic Act and government benefits fraud. Martin also advises clients on maritime law matters ranging from major incident investigations to customs and trade compliance.[[--readmore--]]\u003c/p\u003e\n\u003cp\u003ePrior to joining King \u0026amp; Spalding, Martin served nine years as a Navy Judge Advocate. As a Judge Advocate stationed abroad and onboard naval vessels, Martin conducted and supervised over 200 criminal investigations, including trying multiple courts-martial as a Navy Prosecutor. He additionally supervised complex investigations into vessel collisions, senior personnel misconduct and government contractor compliance. Martin also advised commanding officers on customs law, international agreements, employment law, and breaches of government contracts.\u003c/p\u003e","slug":"john-bunt","email":"mbunt@kslaw.com","phone":null,"matters":null,"taggings":{"tags":[],"meta_tags":[]},"expertise":[{"id":11,"guid":"11.capabilities","index":0,"source":"capabilities"},{"id":106,"guid":"106.capabilities","index":1,"source":"capabilities"},{"id":102,"guid":"102.capabilities","index":2,"source":"capabilities"},{"id":111,"guid":"111.capabilities","index":3,"source":"capabilities"},{"id":21,"guid":"21.capabilities","index":4,"source":"capabilities"},{"id":952,"guid":"952.smart_tags","index":5,"source":"smartTags"},{"id":1142,"guid":"1142.smart_tags","index":6,"source":"smartTags"},{"id":1188,"guid":"1188.smart_tags","index":7,"source":"smartTags"},{"id":750,"guid":"750.smart_tags","index":8,"source":"smartTags"},{"id":780,"guid":"780.smart_tags","index":9,"source":"smartTags"},{"id":1114,"guid":"1114.smart_tags","index":10,"source":"smartTags"}],"is_active":true,"last_name":"Bunt","nick_name":"Martin","clerkships":[],"first_name":"John","title_rank":9999,"updated_by":176,"law_schools":[],"middle_name":"Martin","name_suffix":"","recognitions":null,"linked_in_url":null,"seodescription":null,"primary_title_id":2,"translated_fields":{"en":{"bio":"\u003cp\u003eMartin Bunt is an associate in King \u0026amp; Spalding\u0026rsquo;s Washington, D.C. office and a member of the firm\u0026rsquo;s Special Matters and Government Investigations practice.\u003c/p\u003e\n\u003cp\u003eMartin focuses his practice on government investigations, internal investigations, white-collar criminal litigation, crisis response and compliance counseling for private companies and government agencies. Martin advises clients on a range of white-collar matters, including the False Claims Act, the Food, Drug \u0026amp; Cosmetic Act and government benefits fraud. Martin also advises clients on maritime law matters ranging from major incident investigations to customs and trade compliance.[[--readmore--]]\u003c/p\u003e\n\u003cp\u003ePrior to joining King \u0026amp; Spalding, Martin served nine years as a Navy Judge Advocate. As a Judge Advocate stationed abroad and onboard naval vessels, Martin conducted and supervised over 200 criminal investigations, including trying multiple courts-martial as a Navy Prosecutor. He additionally supervised complex investigations into vessel collisions, senior personnel misconduct and government contractor compliance. Martin also advised commanding officers on customs law, international agreements, employment law, and breaches of government contracts.\u003c/p\u003e"},"locales":["en"]},"secondary_title_id":null,"upload_assignments":{"headshot":[{"id":11259}]},"capability_group_id":2},"created_at":"2025-12-05T05:01:22.000Z","updated_at":"2025-12-05T05:01:22.000Z","searchable_text":"Bunt{{ FIELD }}Martin Bunt is an associate in King \u0026amp; Spalding’s Washington, D.C. office and a member of the firm’s Special Matters and Government Investigations practice.\nMartin focuses his practice on government investigations, internal investigations, white-collar criminal litigation, crisis response and compliance counseling for private companies and government agencies. Martin advises clients on a range of white-collar matters, including the False Claims Act, the Food, Drug \u0026amp; Cosmetic Act and government benefits fraud. Martin also advises clients on maritime law matters ranging from major incident investigations to customs and trade compliance.\nPrior to joining King \u0026amp; Spalding, Martin served nine years as a Navy Judge Advocate. As a Judge Advocate stationed abroad and onboard naval vessels, Martin conducted and supervised over 200 criminal investigations, including trying multiple courts-martial as a Navy Prosecutor. He additionally supervised complex investigations into vessel collisions, senior personnel misconduct and government contractor compliance. Martin also advised commanding officers on customs law, international agreements, employment law, and breaches of government contracts. Associate Samford University Cumberland School of Law Emory University Emory University School of Law District of Columbia Florida American Bar Association Maritime Law Association of the United States","searchable_name":"John Martin Bunt (Martin)","is_active":true,"featured":null,"publish_date":null,"expiration_date":null,"blog_featured":null,"published_by":176,"capability_group_featured":null,"home_page_featured":null}]}}