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Catherine A. LaughnerBioMs. Laughner is AV rated by Martindale Hubbell. She is also rated one of Montana's top Cathy Laughner is a shareholder in Browning, Kaleczyc, Berry & Hoven P.C. whose practice concentrates on regulatory investigations, oil and gas matters, toxic tort and environmental litigation, enforcement proceedings, white-collar criminal defense and grand jury investigations. Ms. Laughner is known for her defense of corporations, officers and employees and other individuals in matters involving allegations of wrongdoing, noncompliance and fraud. In that regard, she has represented executives in federal prosecutions charging violations of fraud and conspiracy. Specifically, Ms. Laughner has successfully defended clients in healthcare fraud, the U.S. Federal Trade Commission, the U. S. Securities and Exchange Commission, the U.S. Department of Transportation, The Environmental Protection Agency (EPA), the U.S. Occupational Safety and Health Administration (OSHA), and the U.S. Dept. of Justice. Ms. Laughner’s practice also includes representing clients in diverse complex litigation, including toxic tort and other environmental litigation. Ms. Laughner has substantial experience in the areas of superfund, environmental permitting and compliance, environmental and natural resources litigation, oil & gas energy law, administrative proceedings, regulatory/ administrative compliance and white-collar criminal defense. Before joining Browning, Kaleczyc, Berry, and Hoven, P.C. in 1990, Ms. Laughner worked in environmental affairs for Chevron and as an analytical chemist for the U.S. Occupational Safety and Health Administration. Ms. Laughner skied for the University of Utah Ski team and received her B.S. in Chemistry there (1979). While working for Chevron in Houston and Oklahoma City, she attended the University of Houston Law Center and received her J. D. from Oklahoma City University School of Law (1989). Ms. Laughner is admitted to practice law in Montana, the Ninth Circuit Court of Appeals, and the United States Supreme Court. Representative MattersMs. Laughner takes a hands-on approach to her work, spending much time out in the field with clients visiting the plants and sites where litigation arises. This familiarity with her clients' business operations ensures delivery of solutions that meet her clients' long-term business goals as well as their immediate needs. Listed below are a sampling of major pieces of litigation that Ms. Laughner has recently handled for her clients: United States v. Confidential Client (2012). Ms. Laughner of BKBH and Mr. Kevin Evans of Steese, Evans & Frankel,P.C., conducted an investigation following the execution of a search warrant by approximately 30 federal agents at a client’s facility. After a four-year grand jury investigation, the Department of Justice pursued indictment. However, following written submission and presentation to the Environmental Crimes Section of the Department of Justice as to why it should not prosecute, the Environmental Crimes Section of DOJ was persuaded to decline criminal or civil prosecution. United States v. Confidential Client. (2009) Ms. Laughner defended a confidential client in a 2009 federal investigation involving alleged Clean Air Act criminal charges. After successful negotiations with the federal prosecutors, the investigation against Ms. Laughner’s client was dropped. United States v. Confidential Client. (2009) Alleged violations of the North American Free Trade Agreement (NAFTA) resulted in the issuance of zero penalty after the U.S. Customs and Border Protection considered information supplied by this confidential client. State of Montana v. Confidential Client. (2009) The sentence of a confidential client, who sought representation after his Medicaid fraud conviction, was successfully reduced through Ms. Laughner’s negotiations with the Montana Attorney General. United States v. Confidential Client. (2008) The Federal Trade Commission closed its investigation in 2008 of a Pacific Northwest corporation following the company’s cooperation led by Ms. Laughner. SEC v. Confidential Client. (2009) Following Ms. Laughner’s submittal to a Wells Notice on the behalf of a confidential client, the Security and Exchange Commission ended its securities fraud investigation. American Legion, et al v. Northwestern Energy, et al. (2008). Bates, et al v. Northwestern Energy, et al. (2008) , Bowman v. Northwestern Energy, et al. (2009), Neishabouri, et al v. Northwestern Energy, et al. (2009) , Montana Trails Gallery, et al v. Northwestern Energy, et al. (2008). Ms. Laughner was on the six attorney team representing Northwestern Energy in multiple lawsuits arising out of the March 2009 natural gas explosion in downtown Bozeman, Montana resulting of one death and the destruction of several downtown businesses. Paulsen et. al. v. Montana Fish Wildlife and Parks, Columbia Paint Co, Monsanto Chemical Co. and Montana Fish Wildlife and Parks v. Monsanto Chemical Company. (2010) Catherine Laughner was Montana counsel for Monsanto with Dan Hoven in this toxic tort and environmental case filed in 2004 as a class action. The case alleged that Big Spring Creek, a blue ribbon trout stream, had become contaminated with PCBs, manufactured by Monsanto, as a result of PCB laden paint entering Big Spring Creek from a Montana fish hatchery operated by Fish Wildlife and Parks. The class consisted of over 200 landowners whose property bordered the creek who alleged claims of nuisance and stigma damages. Fish Wildlife and Parks cross claimed against Monsanto for remediation damages. The class action was settled in 2008 but the cross claim went to a jury trial in Lewistown Montana April, 2010. Fish Wildlife and Parks sought remediation damages of $10-14 million dollars and punitive damages of $20-$30 million dollars. Monsanto alleged the paint entered Big Spring creek as a result of the negligent maintenance practices of the Fish Wildlife and Parks. On the 6th day of trial the case settled. United States v. W.R. Grace, et al (2008) Catherine Laughner represented the former President of the Construction Products Division of W. R. Grace with co-counsel from Bradley Arant. This executive was indicted in 2005 with seven other defendants, with conspiracy to defraud the United States and violate the Clean Air Act. Aggressive work in the case resulted in the prosecution concluding, after receiving a Motion for Judgment of Acquittal, that there was insufficient evidence against Ms. Laughner’s client for the case to go to the jury. On the government’s motion, a dismissal of the indictment with prejudice was granted in April 2008. Trinity Railcar Repair, Inc. v. CMC Heartland Partners, L.P. (2004) Catherine Laughner was the lead BKBH counsel for Trinity in this environmental case. Trinity sought and was granted a preliminary injunction against the Defendants preventing them from disposing of assets, rendering them judgment proof and unable to indemnify Trinity for clean-up costs associated with diesel fuel contamination at the Miles City Railyard. Instead, the Court ordered that any proceeds obtained from the sale or dissolution of Defendant’s assets, up to $2.5 million, must be held in a reserve fund with the County Clerk of Court in trust for payment of clean up costs at the railyard once a determination has been made regarding the share of reclamation expenses Defendants may be responsible to bear. Cost recovery litigation in the case is continuing. United States v. Confidential Client. (2003) Catherine Laughner was lead Montana counsel defending a chemical company in a criminal matter brought by the U.S. Government. Charges included improper management of hazardous wastes in violation of the Resource Conservation and Recovery Act, violations of the Clean Water Act, misrepresentations to the state and federal government, and conspiracy with respect to the charges. The company successfully avoided indictment in this matter. United States of America et al. v. Ribi Immunochem Research, Inc., et al., Ribi Immunochem Research, Inc. v. United States of America, et al., Ribi Immunochem Research, Inc. v. Bitterroot Valley Sanitary Landfill, Inc., et al. and State of Montana ex rel v. United States of America (1998). This was an action brought by the United States under section107 of the Comprehension Environmental Response and Compensation Liability Act to recover costs it alleges it has expended in cleanup of contamination at the Bitterroot Valley Sanitary Landfill. This case involves complex issues of fact and law pertaining to the nature and extent of existing contamination and whether costs allegedly spent were not inconsistent with the National Contingency Plan, 40 CFR, Part 300. United States v. Atlantic Richfield Company, Burlington Northern Railroad Company, et al., and Atlantic Richfield Company v. Burlington Northern Railroad Company, et al. (1995) This $50 million Superfund cost recovery case involved cutting-edge issues of joint and several liability under section107 of the Comprehensive Environmental Response and Compensation Liability Act and highly technical groundwater contamination issues. After extensive discovery, including discovery of experts conducting groundwater computer modeling, a favorable settlement for Burlington Northern's involvement at the Superfund site was obtained. Aguiar v. The Burlington Northern and Santa Fe Railway Co. (2003). Catherine Laughner provided her technical expertise on the litigation team representing Burlington Northern Railroad. This case was brought by over 160 residents of Havre, Montana against The Burlington Northern and Santa Fe Railway Company (“BNSF”). Plaintiff’s claimed negligence, public and private nuisance, trespass, strict liability for abnormally dangerous activity, negligent infliction of emotional distress, violations of Montana’s Constitution and constructive fraud. The case was settled just days before trial. Burlington Northern Railroad Company v. Falls Chemical, Inc. (1995). Catherine Laughner and Mark Etchart represented Burlington Northern Railroad Company (“BNRR”) in this case involving a CERCLA and RCRA cost-recovery action for the cleanup of an abandoned pesticide formulating plant. After discovery, the case was settled and BNRR recovered a substantial portion of its cleanup costs. National Wildlife Federation v. Burlington Northern Railroad Company. 23 F.3d 1508 (9th Cir. 1995) Catherine Laughner and Dan Hoven represented Burlington Northern Railroad in BKBH was counsel for Burlington Northern in an ESA (Endangered Species Act) takings case involving grizzly bears near Glacier National Park. The case was won on summary judgment in the United States District Court and affirmed on appeal in the Ninth Circuit Court of Appeals. Professional ExperienceBROWNING, KALECZYC, BERRY & HOVEN, P.C. CHEVRON U.S.A., INC., Located in Wyoming, Oklahoma, and Texas.
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