Michael P. McThomas PLLC
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Professional Experience
Member, Michael P McThomas PLLC , 2004 to present

Counseling – Counsel clients on general legal matters in chemical, manufacturing, and pharmaceutical industries, both domestic and international.  Provide legal and compliance advice and counseling to senior corporate and operating group management relating to business activities, with emphasis on potential environmental and regulatory liabilities inherent in corporate transactions, including real estate transactions, stock and asset transactions, mergers and acquisitions, corporate restructurings and divestitures. Advise clients on due diligence, risk management and remediation.

Contracts - Draft, negotiate, analyze and manage construction, real estate, and service contracts, and contract templates designed to shift risk and minimize potential liability. Draft and negotiate insurance provisions and environmental representations, warranties, covenants and indemnification provisions in contracts, agreements and leases.  Conduct due diligence related to transactions.

Litigation - General litigation, strategic analysis, claims resolution, litigation management, and budget management. Control and manage litigation, claims and environmental matters.  Defend clients in civil and criminal actions, including toxic tort, personal injury, property damage, Superfund and environmental claims.  Negotiate consent agreements and civil penalties with federal, state and local regulatory authorities and develop responses to citations, notices of violation and enforcement actions.

Budget management – Manage outside counsel, contractors, and service providers budgets and provide strategic direction to achieve end-points in a cost-effective and efficient manner. Establish contingent liability reserves.

Environmental, Health & Safety - Compliance counseling, remediation oversight, Superfund litigation, permitting, EHS systems (ISO), and legal opinions concerning US federal environmental, health and safety law, state analogs, and EU Directives.  Advise clients on regulatory compliance with federal and state environmental, health & safety statutes and regulations, including but not limited to: Clean Air Act, Clean Water Act, Comprehensive Environmental Response, Compensation and Liability Act, Resource Conservation and Recovery Act, Safe Drinking Water Act, Toxic Substances Control Act, Emergency Planning and Community Right-to-Know Act, Department of Transportation regulations and Occupational Safety and Health Act as well as state counterparts, including New Jersey Industrial Sites Recovery Act.  Similar counseling for European Union Directives, i.e. REACH and Environmental Liability Directive, and member states environmental, health and safety regulations. Reviewing and evaluating audit reports and performing EHS audits of pharmaceutical API manufacturing, drug product, and research facilities. Reviewing and revising permit applications, modifications and revisions, and representing clients in negotiating permit terms and conditions.


Consultant Counsel, Pfizer Inc , New York, New York, 2001-2004
Corporate Environment, Health & Safety – Legal

Drafted and negotiated service provider contracts, real estate and acquisition and divestiture of business entities.

Provided strategic direction and oversight of environmental and OSHA litigation and enforcement actions. Provided EHS support and compliance assessment and assistance.

Provided legal support for environmental, health and safety compliance issues, enforcement actions, property transactions, toxic tort, and employee exposure claims associated with manufacturing, drug product, logistic and office facilities domestically and internationally.

Performed environmental, health & safety audits of manufacturing and research facilities. 

Of Counsel, Robinson & McElwee PLLC, Charleston, West Virginia, 2000 - 2001
Partner, Robinson & McElwee, LLP, Charleston, West Virginia, 1997 - 2000
Associate, Robinson & McElwee, LLP, Charleston, West Virginia, 1992 - 1997


Counseled corporate clients on statutory and regulatory compliance with emphasis in chemical manufacturing, waste management, and oil and gas exploration and transmission.  General litigation before state and federal courts, utilities commission and administrative appeals boards.  Drafted statutes and regulations adopted by legislature and executive agencies, and provided executive and legislative government relations.


Counsel, Legislative Rule-Making Review Committee,
House Committee on the Judiciary and ad hoc Committee on the Division of Environmental Protection,
West Virginia Legislature, Charleston, West Virginia, 1989 - 1992


Drafted legislation and regulations and amendments thereto. Presented analyses of bills to committees. Briefed leadership on implications of legislation and amendments. Negotiated legislative and regulatory amendments. Marshaled legislation through enactment process.


EDUCATION


West Virginia University College of Law, J.D. 1989
West Virginia University , B .A., 1985
Emphasis in Political Science, Biology and Chemistry

BAR ADMISSIONS

New York, 2004
New Jersey, 2000
West Virginia, 1990 (inactive)
Texas, 1989 (inactive)

COURTS

Supreme Court of West Virginia
United States District Court for the Southern District of West Virginia
Texas Supreme Court
Supreme Court of New Jersey
United States District Court for the District of New Jersey
New York Supreme Court
United States District Court Southern District of New York
United States District Court Eastern District of New York




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