Kevin M. Hogan, Phillips Lytle Managing Partner

Kevin M. Hogan

Managing Partner
Buffalo
(716) 847-8331
khogan@phillipslytle.com
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Mr. Hogan is Phillips Lytle’s Managing Partner, having previously served as its Trial Department Administrator and Environment Practice Team Leader. He concentrates his practice in the areas of environmental law, intellectual property and litigation. An effective and efficient legal advisor, he counsels clients on environmental compliance at both the state and federal levels with respect to investigations and enforcement proceedings by state and federal agencies, and on environmental issues arising in corporate and commercial transactions. An experienced litigator with a track record of successfully resolving disputes, Mr. Hogan defends clients in environmental cost recovery claims, toxic exposure lawsuits, and engineering and professional malpractice claims. He also represents clients in disputes involving patents, licenses, trademarks and other intellectual property. Mr. Hogan is a skilled negotiator who also serves as a court-designated mediator in the Western District of New York.

Admitted to Practice

  • New York
  • U.S. Court of Appeals, Second Circuit
  • U.S. Court of Appeals, Third Circuit
  • U.S. District Court, Northern District of Illinois
  • U.S. District Court, Northern District of New York
  • U.S. District Court, Southern District of California
  • U.S. District Court, Western District of New York

Honors & Awards

  • Buffalo Business First, Power 250 List
    • Ranked #111, 2018
    • Ranked #116, 2017
  • Listed as a Leading Individual in Chambers USA: Americas Leading Lawyers for Business, 2013-2018
  • Listed in The Best Lawyers in America©
    • Named the Best Lawyers’ 2015 Buffalo Litigation – Environmental Law “Lawyer of the Year”
    • Named the Best Lawyers’ 2013 Buffalo Litigation – Environmental Law “Lawyer of the Year”
  • Upstate New York Super Lawyers® list, 2007-2017
    • Named Top 50 Lawyer, 2010
  • Listed in Legal Elite of WNYBusiness First of Buffalo and Buffalo Law Journal, 2017

Education

  • Vermont Law School, J.D., summa cum laude, 1991
  • University of Connecticut, B.S., Mechanical and Metallurgical Engineering, 1983

Judicial Clerkships

  • Hon. Richard C. Cardamone; U.S. Court of Appeals, Second Circuit, 1991-1992

Professional Associations

  • American Bar Association
    • Intellectual Property Law Section
    • Environment, Energy, and Resources Section
    • Litigation Section
  • Bar Association of Erie County
    • Environmental Law Committee, Federal Practice and Procedure Committee
  • Defense Research Institute
  • International Association of Defense Counsel
  • New York State Bar Association
    • Commercial and Federal Litigation Section
    • Environmental Law Section
    • Trial Lawyers Section
  • Western New York Trial Lawyers Association

CORE COMPETENCIES

Litigation – Represent clients in state and federal court and before administrative panels and arbitration tribunals, in enforcement proceedings and cost recovery actions brought by EPA and DEC, and in citizen suits and private cost recovery claims, commenced under CERCLA, RCRA, CWA, and the New York Oil Spill Act. Assist clients in defending and challenging SEQR decisions pursuant to Article 78 of the New York Civil Practice Law and Rules.

Environmental Transactional Due Diligence – Counsel clients involved in transactions, both purchasers and sellers, on potential liabilities identified in Phase I and Phase II Environmental Site Assessments, Regulatory Compliance Audits,  and Asbestos, Lead Paint, Vapor Intrusion, and Mold Assessments. Assist clients in analyzing CERCLA All Appropriate Inquiries defenses and potential successor liabilities. Clients include publicly-held corporations, private and family-owned businesses, lenders, developers, property owners, and commercial landlords and tenants.

Solid and Hazardous Waste – Counsel clients on management of solid and hazardous waste to comply with federal and state statutes and regulations. Represent clients in state and federal administrative enforcement actions and voluntary remedial programs. Assist clients in the preparation and submittal of Beneficial Use Determination petitions to the New York State Department of Environmental Conservation for the beneficial reuse of solid waste materials. Counsel clients on potential liabilities associated with asbestos, lead-based paint, and PCBs.

Underground Storage Tank Regulations – Counsel clients on compliance with federal and state underground storage tank regulations, including registration, overfill protection, release detection, inventory monitoring, and testing requirements. Advise clients on potential liabilities associated with redevelopment of gasoline stations and other sites with existing and removed underground storage tanks.

New York State Brownfield Cleanup Program – Counsel clients on the benefits of participating in the Brownfield Cleanup Program, including liability release and tax credits. Assist clients in the preparation of applications for participation in the Brownfield Cleanup Program. Participate in meetings with the New York State Department of Environmental Conservation to discuss application requirements, citizen participation, brownfield agreements, remedial investigation work plan, and remedy selection.

Other Areas of Expertise
Regulatory Takings – Assist clients in preparing potential takings claims under the Fifth Amendment for litigation.

Representative Cases

  • W.R. Grace & Co. – Conn v. Zotos Int’l, Inc., No.98-CV-838S, 2013 WL 5488939 (W.D.N.Y. Sept. 30, 2013)
  • AT&T Mobility Corporation v. Town of Fenton, ___ F. Supp. 2d ___ (N.D.N.Y. 2012)
  • NL Industries, Inc. v. Halliburton Company, Civil Action No. 10-CV-89A, November 2, 2010
  • United States v. ExxonMobil Corp., 264 F.R.D. 242 (N.D.W.V. 2010)
  • Price Trucking Corp. v. Norampac Ind. Inc., 2010 WL 4069223 (W.D.N.Y. June 17, 2010)
  • W.R. Grace & Co. – Conn. v. Zotos Int’l, Inc., 559 F.3d 85 (2d Cir. 2009)
  • Buffalo Color Corp. v. Alliedsignal, Inc., 139 F. Supp. 2d 409 (W.D.N.Y. 2001)
  • Raiport v. Gowanda Electronics Corp., 739 N.Y.S.2d 811 (Sup. 2001)
  • W.R. Grace & Co. – Conn. v. Zotos Int’l, Inc., No. 98-CV-838S(F), 2000 U.S. Dist. Lexis 18091 (W.D.N.Y. Nov. 2, 2000)
  • W.R. Grace & Co. – Conn. v. Zotos Int’l, Inc., No. 98-CV-838S(F), 2000 U.S. Dist. Lexis 18096 (W.D.N.Y. Nov. 2, 2000)
  • State of New York v. Westwood-Squibb Pharmaceutical Co., 737 F. Supp. 1272 (W.D.N.Y. 1990), 767 F. Supp. 456 (W.D.N.Y. 1991), aff’d, 964 F.2d 85 (2d Cir. 1992), 981 F. Supp. 768 (W.D.N.Y. 1997), modif’d, 62 F. Supp. 2d 1035 (W.D.N.Y. 1999), and 138 F. Supp. 2d 372 (W.D.N.Y. 2000)
  • Seneca Meadows, Inc. v. ECI Liquidating, Inc., 983 F.Supp. 360 (W.D.N.Y. 1997) and 16 F. Supp. 2d 255 (W.D.N.Y. 1998)
  • AL Tech Specialty Steel Corp. v. Allegheny Intl Credit Corp., 104 F.3d 601 (3d Cir. 1997)
  • Town of Wallkill v. Tesa Tape, Inc., 1997 U.S. Dist. Lexis 16620 (S.D.N.Y. 10/24/97)

Present Activities

  • Erie County Medical Center Corporation
    • Chair of Board, 2012-2015
    • Board of Directors, 2004-2017
  • The Pundit Club

Past Activities

  • Great Lakes Health System of Western New York
    • Board of Directors, 2012-2015
  • Buffalo Tennis & Squash Club
    • Board of Governors, 2008-2011
  • Delaware Soccer Club
    • Coach, 2001-2011
  • Buffalo Squash Racquets Association
    • High School Coach, 2008-2010
  • Church Mission of Help
    • Board of Directors, 2005-2009
  • Erie County Environmental Management Council
    • Pesticide Reduction Committee Chair, 2004-2006
  • Westminster Early Childhood Programs
    • Board of Advisors, 1996-2000
    • President, Board of Advisors, 1997-1998
    • Church Finance Committee, 1997-2003