Noteworthy

April 23, 2010: Larry Silver and EPA official speak at Environmental Law Forum
Larry Silver and Cecil Rodrigues, Chief of the Office of Remediation Enforcement, Office of Regional Counsel, EPA Region III, spoke about "Superfund's Big Year" at the Environmental Law Forum in Harrisburg, Pennsylvania.  Their presentation focused on Burlington Northern & Santa Fe Ry. v. U.S., 1295 S.Ct. 1870 (2009), in which the Supreme Court addressed arranger liability issues under CERCLA and divisibility of harm at Superfund sites.  They also discussed what the case means for environmental practitioners and their clients, and the effect it will have on negotiations for administrative orders and Consent Decrees.

April 9, 2010: LSS Gets Big Settlement in Personal Injury Case
LSS recently settled a case involving a fractured ankle for approximately $500,000. The case is a good example or our creative and thorough approach to serious injury and catastrophic loss matters.

The case involved a head on automobile collision on the East River Drive in Philadelphia. A car crossed over the center line into the path of our client’s car. When he saw the car coming towards him, the client immediately slammed on his brakes. His action resulted in a less severe collision, but it also meant that his ankle took the brunt of the impact and he ended up with a number of fractures in the small bones of his ankle.

We found an expert podiatrist who often treats dancers from the Pennsylvania Ballet and who uses various scientific analyses to determine the effects of an injury. He was able to compare the client’s gait and weight-bearing practices to samples of typical people. When this podiatrist examined our client, he was not only able to demonstrate the clients ongoing problems in a scientific way, but was able to provide orthodics, therapeutic strategies and treatments to alleviate the problem.

We also engaged a functional capacity expert and a world renowned orthopedist to give reports on the permanent effects of the injury.

Despite these proofs, the parties remained far apart in their views of the value of the case. We decided to bring suit but, in an effort to resolve the problem without the time and expense of a full trial, we arranged to have the claim mediated by a former Pennsylvania Supreme Court Justice. With the mediator’s insight and assistance, the parties arrived at a settlement figure in the neighborhood of half a million dollars - more than double the previous settlement offer.


September 10, 2009: David Romine Leads Roundtable Discussion on Proposed SEC Rules on Proxy Access
Langsam Stevens & Silver LLP partner David Romine led a roundtable discussion of the Securities Enforcement Committee of the Philadelphia Bar Association. The group discussed a proposed SEC regulation that would require nominations for directors of public companies by shareholders owning a certain amount of voting securities to appear in the company’s proxy materials.

Also discussed was a related proposal that would require inclusion of proposals for by-law amendments in proxy materials under certain circumstances.

The discussion was held at the offices of Graham Laub, Esq., co-chair of the Committee.

For more information contact David Romine at dromine@langsamstevens.com or at 215-732-3255.

February 4, 2010: Larry Silver and Mark Stevens featured in Legal Intelligencer Article
On February 4, 2010, the Legal Intelligencer, Philadelphia's daily legal newspaper, published a front page article on environmental law titled "Firms Grow Greener as Environmental Law Heats Up." LSS attorneys Larry Silver and Mark Stevens were interviewed and featured in the article.  Larry Silver's quotes focused on federal environmental law, particularly the effect of last year's Supreme Court Superfund decision Burlington Northern & Santa Fe Ry. v. United States, 129 S. Ct. 1870 (2009), while Mark Stevens addressed state law, particularly New Jersey's Site Remediation Reform Act. The Act gives new authority and imposes new duties on environmental professionals regarding clean-up of hazardous waste sites. Read the article.

May 8, 2009: Langsam Stevens Sponsors Mayor's Bike Ride
Langsam Stevens and Silver joined the Pennsylvania Environmental Council and Ark Intervals in sponsoring the Mayor's Bike Ride to increase awareness of the East Coast Greenway Trail, a 3,000-mile, paved, off-road pedestrian and bike trail that will connect cities from Maine to Florida.

(Above) LSS partner Larry Silver (far right) with Mayor Street and other sponsors as they prepare to ride. (Right) Bikers make their way along the Schuylkill

January 22, 2009: Langsam Stevens & Silver LLP hosts presentation on East Coast Greenway
Langsam Stevens & Silver LLP and architectural firm Voith & Mactavish Architects LLP hosted a presentation by the Pennsylvania Environmental Council on the East Coast Greenway.

The presentation covered the Pennsylvania Environmental Council's efforts to bring the East Coast Greenway through Center City Philadelphia. The East Coast Greenway is a 3,000 mile paved, off-road trail for pedestrians and bikers that will connect cities from Maine to Florida— often referred to as the “urban Appalachian Trail.” An estimated 30 people attended.
Greenway Launch Invitation

May 2009: New Partner Joins LSS
Langsam Stevens & Silver LLP (“LSS”) is pleased to announce that Susan Schleck Kleiner has joined the firm as a partner concentrating in commercial litigation, including construction, environmental, toxic tort, products liability and real estate litigation. Susan has opened the firm's Metuchen, New Jersey office. On her move to LSS, Susan stated that "I'm very pleased to join this exceptional boutique firm and offer my clients superior legal services from a group of highly skilled and experienced attorneys. LSS is uniquely positioned to partner with clients to get results regarding business disputes, regulatory issues, and where general legal counseling is needed."

We are excited to have Susan on our team," said Mark Stevens. "Susan’s skills further our client-centric approach, and her extensive litigation experience, combined with her tenure as General Counsel at a specialty chemical and pharmaceutical company provide increased resources to the firm’s clients. Serving as General Counsel makes Susan keenly aware of the practical implications of running a business. This real world experience translates into a more streamlined approach as well as meaningful results for our clients."

Prior to joining LSS, Susan practiced at Drinker Biddle & Reath LLP where she was the lead attorney and played a key role in construction, environmental, toxic tort, real estate, and products liability matters. She also served as General Counsel at a privately-held company.

Susan received her bachelor's degree in international studies in 1992 from The American University. In 1995, she graduated cum laude from Seton Hall University School of Law. After law school, Susan clerked for the Honorable Chief Justice Robert E. Wilentz of the New Jersey Supreme Court. She also served as an adjunct professor at Seton Hall University Law School, where she taught legal research and writing.

Susan is actively involved in the Girl Scouts, including serving on the Board of Directors for the Girl Scouts Heart of New Jersey. In June 2008, Susan received the "Thanks Badge" from the Girl Scout Council of Rolling Hills in Branchburg, N.J. The "Thanks Badge" is the highest award given to adult volunteers in Girl Scouting. In addition to her work for the Girl Scouts, Susan also serves as the Co-Director of Gender Equity for the New Jersey Women Lawyers Association.

Susan is admitted to practice in the state and federal courts of New Jersey and Pennsylvania, and is a member of the New Jersey State Bar Association, American Bar Association, Middlesex County Bar Association, and Defense Research Institute.

January 6, 2009: Judge New Sustains Preliminary Objections of LSS clients in Breach of Contract/Fiduciary Duty Case
All claims are time-barred, Philadelphia Common Pleas Court Rules.

Judge Arnold New of the Philadelphia Court of Common Pleas sustained the Preliminary Objections of Langsam Stevens & Silver LLP's clients in their entirety, dismissing the complaint. Plaintiffs alleged that LSS's clients, a group of companies that agreed with EPA to clean up a Superfund Site in Malvern, Penna., breached their contractual and fiduciary duties and engaged in civil conspiracy by removing one of the plaintiffs from the group in 1998.

The Court held that the plaintiffs knew of the removal in 1998 and the limitations period began to run then.  The longest limitations period among plaintiffs' claims was four years, so the 2006 case was untimely. The Court also held that limitations issues are not usually proper for determination by preliminary objection. But in this case, plaintiffs agreed not to contest the limitations-based preliminary objections on procedural grounds. Earlier, LSS's clients had won a Superfund contribution trial against two of the plaintiffs.  See Action Manufacturing Co. v. Simon Wrecking Co., 428 F. Supp.2d 288 (E.D. Pa. 2006). LSS attorneys Larry Silver, David Romine and Stephen Fitzgerald represented defendants in the Common Pleas Court case.

For more information, please contact Larry Silver at 215-732-3255 or by email at lsilver@langsamstevens.com.
Court Order and Opinion

December 1, 2009: Partner Larry Silver to argue case regarding the 2000 Environmental Immunity Act before the Pennsylvania Supreme Court.
On December 1, 2009, the Pennsylvania Supreme Court will hear arguments for the first time regarding the interpretation of the General Assembly's 2000 Environmental Immunity Act in the matter Pennsbury Village Associates v. Aaron McIntyre, 4 MAP 2009. On January 29, 2009, the Pennsylvania Supreme Court granted allocatur on the issues raised by plaintiffs. Argument is scheduled for 9:00 a.m. at the Harrisburg Supreme Court Courtroom, Main Capitol.

For more information, please contact Larry Silver at 215-732-3255 or by email at lsilver@langsamstevens.com.

January 2009: Mark Stevens named one of America’s Best
Langsam Stevens & Silver partner Mark Stevens has been named one of America's best environmental lawyers in the 2009 edition of The Best Lawyers in America.

Lawyers are chosen for inclusion in the list based solely on a vote of their peers. Listings cannot be bought, and no purchase is required to be included. For these reasons, Best Lawyers lists are considered the most reliable, accurate and useful guides to the legal profession in the United States. Congratulations, Mark!

September 2, 2008: Langsam Stevens & Silver Partner Larry Silver featured in Law360
Langsam Stevens & Silver partner Larry Silver was recently featured in a Law360 article on Environmental Boutique Law Firms.

Click here to see the full article.

May 30, 2008: Larry Silver Successfully Defends Citizen Against Developer's SLAPP Suit in Commonwealth Court, Protects Citizens' Protest
In the first ever appellate decision enforcing Pennsylvania's environmental Immunity Act -- passed by the Legislature in 2000 to protect citizens and advocates from SLAPP suits (Strategic Lawsuits Against Public Participation) – the Commonwealth Court shielded a citizen from a developer's SLAPP suit seeking hundreds of thousands of dollars in damages. This followed the citizen asking the county commissioners to enforce an open space regulation that prevented the developer from building a private road through a park that would connect to his proposed residential development.

The case is Pennsburv Village Associates v. McIntvre, No. 1457, C.D. 2007. Larry Silver, Langsam Stevens & Silver partner, argued the case for the citizen. “Commonwealth Court has given teeth to the Immunity Act,” said Mr. Silver. “This case alters the balance between developers and citizen participants and will inhibit to some degree the use of lawsuits to chill opposition.” The Commonwealth Court reversed a decision by Judge Gavin of the Court of Common Pleas of Chester County. Instead of owing the developer damages for delaying his development, the citizen, Aaron McIntyre, will now be entitled under the Immunity Act to make the developer pay McIntyre’s attorney fees.

The Immunity Act, “Participation in Environmental Law or Regulation Act,” stemmed from communications with government agencies “relating to enforcement or implementation of an environmental law or regulation.” The Chester County judge had decided that McIntyre, a Pennsbury Township resident, who tried to convince the County Commissioners not to allow the building of a road through Township park land, was not entitled to the protection of the Act because he didn't cite any specific environmental law or regulation in his communications with the County - even though the park land is protected under the County's Open Space Program. The park land has a deed restriction mandated by the Open Space program which requires that the land be used only for “public park or recreation purposes.”

The developer's suit was based on a settlement agreement that had been signed earlier by the Township, the developer, McIntyre and other citizens. The developer argued that the settlement agreement gave the Township the right to determine where the road was to go and prevented McIntyre from saying or doing anything to stop the road from going through the park. The lower court found that McIntyre and others had done an “end run” around the Stipulation by complaining to the County. The Commonwealth Court, in a 6-1 decision, ruled that, although the term “environmental” was not defined by the Immunity Act, an “open space” program qualified as “environmental” and that, consequently, McIntyre's request to the County that the restrictions in the County’s open space program be enforced was entitled to protection from SLAPP suits.

September 28, 2006: Joanna Adams Waldron spoke on Brownfields: Emerging Issues at Rutgers
Langsam Stevens & Silver partner Joanna Adams Waldron presented information on Pennsylvania’s Land Recycling Program for buyers of brownfields for residential use. Ms. Waldron presented information to the New Jersey environmental community at the Cook College of Rutgers University course; Brownfields: Emerging Issues course. The day-long program analyzed brownfields redevelopment in New Jersey and included discussions by former New Jersey Governor Florio, as well as regulators, developers, land owners, environmental professionals, municipal officials, attorneys and lending institutions. The program was sponsored by the National Brownfields Association and the Society of Women Environmental Professionals.

September 1, 2006: Mark Stevens earned recognition in 2007 Best Lawyers in America
Based on 1.8 million confidential evaluations submitted by the top attorneys across the country, Langsam Stevens & Silver partner Mark Stevens has been selected by his peers to be included in the 2007 edition of The Best Lawyers in America in the specialty of Environmental Law. “Because no fee or purchase is required to be listed, inclusion in Best Lawyers is considered a singular honor,” according to Editor in Chief, Steven Naifeh.

August 14, 2006: Henry Langsam lectures on Commercial Eviction for NBI
Langsam Stevens & Silver founding partner Henry Langsam lectured twice at the National Business Institute’s continuing legal education program; A Practical Guide to Commercial Eviction held at the Holiday Inn-Midtown Philadelphia. He kicked off the event with the first lecture on Planning Ahead to Avoid Tenant Problems Before they Occur and followed with a speech on Tenant Defenses to the Eviction Action. Mr. Langsam leads Langsam Stevens & Silver in its real estate and business practices which have national and local clients. He also maintains a general practice of law to meet the various needs of businesses and families. This practice compliments and supports the firm’s environmental practice and its representation of environmental contractors and consultants. In addition to assisting such clients in collections, Mr. Langsam provides counseling on corporate matters including acquisitions and divestitures. For more details on the NBI event, call 800-930-6182 or contact Mr. Langsam at 215-732-3255 or at hlangsam@langsamstevens.com.

June 2006: Langsam Stevens & Silver Supports Pennsylvania Environmental Council Annual Philadelphia Dinner Spotlights Environmental and Economic Balance
On June 6, 2006, Langsam Stevens & Silver supported the Pennsylvania Environmental Council (PEC) as a Contributor of the 36th Annual Philadelphia Dinner on June 6th. The event drew over 400 guests including keynote speakers State Treasurer Bob Casey, Jr. and Senator Rick Santorum. The event focused on balancing environmental and economic issues through collaborative solutions

Members of the firm Langsam Stevens & Silver have been supporters of the Council in various ways since 1989 and have been an Environmental Partner with the organization.

July 18, 2006: Mark Stevens Featured On National Business Radio Program
On July 18th 2006, Langsam Stevens & Silver partner, Mark Stevens was interviewed on The Growth Strategist™ radio program hosted by Aldonna Ambler on the VoiceAmerica® Business Channel. The show speaks directly to CEOs of fast-growth mid-market companies ($20-200 million) about growth strategies, moving past plateaus, what to do next while Achieving Accelerated Growth With Sustained Profitability®. During the program, Mr. Stevens discussed his experiences growing his environmental law firm and in particular how specialization has been an advantage. The program can be accessed at www.ambler.com/archive.htm on the July 18th “playdate.”

June 2006: Chambers USA 2006 Praises Langsam Stevens & Silver Again
Langsam Stevens & Silver has been praised again in the Chambers USA Guide of America's Leading Lawyers for Business. This year Chambers recognized that: “As the only full-service environmental boutique in central Philadelphia, this niche firm owes its visibility in the marketplace to its strong litigation focus and impressive client roster. The firm acts on AIG’s defense panel and it regularly handles insurance-related defense and waste management work.” The Chambers USA Guide also states that “Mark Stevens is viewed as an authority on site cleanup and Brownfield programs and also acts in federal work.”

July 2006: PA Superior Court Rules Favorably in Negligence Case
Langsam Stevens & Silver’s team led by Mark Stevens and JoAnna Waldron scored a victory in the Superior Court of Pennsylvania for an engineering firm client sued for professional negligence. The Superior Court accepted the firm’s reasoning that its client did not waive the protections of the Pennsylvania Certificate of Merit rules by answering the complaint or by participating in discovery. The certificate of merit rules were enacted and became effective in 2003, and apply to cases brought against professionals accused of negligence. The rules require that a Plaintiff in such cases obtain an appropriate expert to certify the validity of its negligence claim. This decision is final as the Supreme Court denied plaintiffs' motion for extension of time to file a petition for allowance of appeal. For a copy of the Court’s opinion or for more information on Langsam Stevens & Silver’s professional liability defense practice, contact Mark Stevens at 215-732-3255 or mstevens@langsamstevens.com.


Langsam Stevens & Silver is representing the Society Hill Civic Association and the Preservation Alliance of Greater Philadelphia in an effort to save the historic Dilworth House on Washington Square in Philadelphia. The Dilworth House was the former home of Philadelphia's great reform Mayor Richardson Dilworth, who built the house and moved his family there in the late 1950s as a symbolic gesture and to set an example for urban rebirth. His decision was instrumental in the rebirth of the Society Hill neighborhood, one of the first urban revival neighborhoods the country. The Langsam Stevens & Silver team led by Larry Silver has negotiated in an effort to save the historic house.

April 2006: Superfund Site Judgment Won
A Langsam Stevens & Silver legal team representing a group of plaintiff PRPs at a Superfund Site won a $1.35 million judgment after three-week trial in a contribution case against the only remaining defendant PRP. The winning team consisted of Larry Silver, David Romine and Stephen Fitzgerald. The case will be reported at 428 F. Supp.2d 288 (E.D. Pa. 2006).


February 2006: Thomas Storrer Passes NJ Bar
Having passed the New Jersey Bar exam, Thomas R. Storrer, a Langsam Stevens & Silver attorney, is now a member of the Pennsylvania, New Jersey and New Mexico (inactive) bars. Prior to joining Langsam Stevens & Silver, Mr. Storrer was an Assistant District Attorney in Alamogordo, New Mexico and in Lancaster, Pennsylvania. He was also a Compliance Specialist for the Pennsylvania Department of Environmental Protection’s Solid Waste Program, where Mr. Storrer gained extensive experience in municipal, residual and hazardous waste operations.

January 2006: Deborah Moody elected to the Board of SWEP
Deborah H. Moody, a Langsam Stevens & Silver attorney and a 2001 graduate of the Vermont Law School with both a J.D. and a Masters of Studies in Environmental Law, was elected to the Board of Directors of the Society of Women Professionals, Greater Philadelphia Chapter. Ms. Moody has litigation experience in various complex environmental matters and has represented municipalities and private corporations in alternate dispute resolution processes with respect to the allocation of landfill remediation costs. She also has experience with toxic mold contamination and indoor air quality issues in apartment complexes and condominiums. Among other activities, she is currently planning SWEP’s annual golf outing in that will be held in August.