Surety

  • Assisted surety company in a precedent-setting $100 million committed bonding line with 30 affiliated mining companies with operations in four states; secured liens covering thousands of mine locations.
  • Successfully negotiated a workout for a reclamation surety client in large Appalachian company bankruptcy with operations in three states.
  • Counseled sureties in the largest coal company bankruptcy in history.
  • Acted as national counsel in coordinating matters for the New York Department of Insurance as Rehabilitator of Frontier Insurance Co. regarding surety exposure on over $1 billion for hazardous waste treatment, storage and disposal facilities, underground and surface coal mines, gold mines and processing facilities, solid waste disposal facilities, recycling facilities, and other regulated industries throughout the U.S.
  • Served as lead counsel to major U.S. surety industry client with the U.S. Department of Interior, Office of Surface Mining, in federal rulemaking regarding “owner/controller” liability under the Surface Mine Control and Reclamation Act.
  • Drafted arguments for the Kentucky Court of Appeals in a matter involving indemnity  under a bond issued to a principal in a coal company bankruptcy.