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Paul Drucker
OVERVIEW

Paul M. Drucker

Partner

Indianapolis

11 S. Meridian Street
Indianapolis, IN 46204-3535

Chicago

One N. Wacker Drive
Suite 4400
Chicago, IL 60606-2833

P 317-231-7710

F 317-231-7433

Paul Drucker has a broad and varied practice encompassing high-profile environmental and business litigation, appeals, sophisticated transactional work, complex internal investigations, and regulatory compliance matters and settlements. Paul’s ability to streamline complex problems, develop understandable and practical solutions, understand business objectives, and obtain successful results in contested matters is highly valued by the firm’s clients.

OVERVIEW

Paul Drucker has a broad and varied practice encompassing high-profile environmental and business litigation, appeals, sophisticated transactional work, complex internal investigations, and regulatory compliance matters and settlements. Paul’s ability to streamline complex problems, develop understandable and practical solutions, understand business objectives, and obtain successful results in contested matters is highly valued by the firm’s clients.

Paul is a member of the firm’s nationally recognized Environmental Law Department, the Litigation Department, and the Appellate Practice Group. Clients such as major utilities, oil companies, pipeline operators, steel manufacturers, aerospace suppliers, wastewater treatment plants, industry trade groups, and private equity firms call on Paul to help solve their disputes, advise on transactions, and ensure they are in compliance with applicable laws and regulations.

His environmental work includes complex litigation and appeals involving the CWA, CERCLA, RCRA, CAA and other federal and state environmental statutes, as well as common law; addressing environmental issues in real estate and business transactions; conducting internal investigations regarding environmental release incidents; counseling on crisis situations, incident management, and compensation programs; interacting with state and federal regulatory agencies; negotiating settlements and consent decrees; and advising on regulatory compliance, environmental remediation projects, redevelopment of contaminated sites, release reporting policies, and permitting issues.

As the founder and leader of the firm’s Pipeline Practice Team, Paul advises major oil companies and pipeline operators regarding pipeline siting and installation, integrity management issues, pipeline safety regulations, leak response, crisis management, environmental remediation and investigations into pipeline and refinery incidents. He interacts with PHMSA, USCG, EPA and other state and federal regulatory authorities regarding response activities, legal claims, and environmental impacts arising from pipeline and refinery releases.  He also advises on carbon capture and sequestration projects and is conversant with state and federal requirements in this emerging area.

As a litigator and appellate practitioner, Paul has handled numerous business litigation matters involving contract, product liability, fraud, toxic tort, and related disputes. Paul’s substantial experience in motion practice includes dispositive motion writing and oral argument in state and federal courts throughout the country. He also regularly drafts federal appellate briefs in various circuits and has submitted briefs to the U.S. Supreme Court that have received national media attention.

Paul also provides advice on general business matters and litigation avoidance. Among other things, he helps clients with contracting policies, business development goals, issues arising under the Freedom of Information Act and similar state laws, facility audits, and self-disclosures. Paul has developed and presented training programs to corporate client teams and in-house counsel regarding internal investigations, root cause failure analysis, due diligence issues, and various regulatory compliance topics.

Paul’s deep experience in litigation, transactional work, and regulatory counseling is appreciated by the firm’s clients for the comprehensive perspective he brings to the table.

Prior to joining Barnes & Thornburg, Paul practiced environmental law and complex commercial litigation at Mayer Brown LLP in Chicago.

Professional and Community Involvement

Guest lecturer, Northwestern University’s Kellogg School of Management MBA program and Illinois Institute of Technology Master of Architecture Graduate Program, environmental issues in corporate and real estate transactions

Pro bono representation: Obtained reversal of several coverage decisions for cancer patients in need of bone marrow/stem-cell transplantation whose health insurance providers had denied coverage for such transplants by claiming that the treatment was "experimental or investigational" or "not medically necessary," among various other justifications.

Pro bono representation: Advised two separate homeless service organizations on contracting issues to benefit their provision of services.

Veteran ice hockey referee, USA Hockey, achieved Level 4 certification (the highest level available). Officiates youth, high school, AAA and ACHA college hockey, as well as USA Hockey National Championship tournaments.

EXPERIENCE
Experience

Recent representative matters include:

  • Advised a major utility on the redevelopment of its former manufactured gas plant site into the new $600 million Marion County Criminal Justice Campus, which includes a new courthouse, jail, and sheriff’s office.
  • Represented an Industrial Pretreatment Program EPA-delegated authority, in a multi-year administrative enforcement action against a non-compliant discharger resulting in the discharger’s relinquishment of its permit and recovery of costs and substantial penalties.
  • Represented a major manufacturer a in high-profile enforcement action filed by federal and state regulatory agencies and simultaneous Clean Water Act citizen suit actions. Negotiated with the U.S. Department of Justice to reach a Consent Decree entered by the District Court and successfully moved to have the citizen suit dismissed based on res judicata.
  • Represented major oil company regarding a high-profile pipeline release in a residential area resulting in the evacuation of a number of residences and performed a complex internal investigation. Managed third-party tort claims, represented the company in mediation, and defended the company in governmental inquiry. Final result was no criminal or civil claims filed against the company by the government or any third parties.
  • Represented major oil company regarding a high-profile release of crude oil from its refinery into a water body and performed a complex internal investigation. Negotiated with the regulatory agencies to reach a favorable resolution of all liability.
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