Kegan A. Brown

  • Partner
  • Ekegan.brown@lw.com
  • 885 Third Avenue
  • New York, NY 10022-4834
  • USA
  • T +1.212.906.1224
  •  
 

Profile

Kegan A. Brown is a partner in the New York office of Latham & Watkins. Mr. Brown is a member of the Litigation & Trial and Environment, Land & Resources Departments. He represents clients in complex environmental, products liability, and toxic tort litigations; environmental regulatory matters, including remediations and natural resource damage claims; and transactional matters. Mr. Brown’s litigation experience covers all aspects of fact and expert discovery, motion practice, and trial. Recognized for his “great working knowledge” of environmental regulations and “achieving goals” by The Legal 500 US, Mr. Brown regularly advises clients across a variety of industry sectors, including manufacturing; retail and consumer products; chemical, pulp and paper; and oil and gas.

Mr. Brown currently serves as a Vice Chair on the ABA's Superfund and Natural Resource Damages Litigation Committee, and previously served on the firm's Recruiting and Pro Bono Committees. He is admitted to practice before the United States Court of Appeals for the Third Circuit and the United States District Courts for the District of New Jersey, Southern District of New York, Eastern District of New York, and Northern District of New York. He graduated with honors and Order of the Coif from Rutgers School of Law - Newark, where he served as managing editor of the Rutgers Law Review and was a member of the Moot Court Board. Mr. Brown is recommended for Environment: Litigation and Environment: Regulatory by The Legal 500 US.

Experience

Mr. Brown’s experience includes representing:

  • Philip Morris International in defending consumer class actions and aggregated smoking and health claims asserted by governmental entities. 
  • Essex Chemical Corporation, a subsidiary of The Dow Chemical Company, in the first natural resource damages action to go to trial in New Jersey. The trial resulted in a complete defense victory, which was affirmed by the Appellate Division.
  • Union Carbide Corporation, another subsidiary of The Dow Chemical Company, in a separate natural resources damages trial. The trial resulted in a complete defense victory.
  • Owens-Brockway Glass Container, Inc., a subsidiary of Owens-Illinois, Inc., in a binding arbitration proceeding in which the claimant sought up to US$100 million in damages allegedly caused by environmental contamination. After the hearing, all of the claimant’s claims were dismissed with prejudice. The dismissal was affirmed by the Third Circuit.
  • Corporation of the Presiding Bishop of The Church of Jesus Christ of Latter-day Saints in defending CERCLA and New York statutory and common law claims related to environmental contamination.
  • Sequa Corporation in prosecuting CERCLA cost recovery and New Jersey statutory and common law claims related to environmental contamination.
  • Multiple clients in connection with an environmental indemnity claim arising from alleged air violations at a steel mini-mill located in the South Coast Air Quality Management District in California.
  • Several clients in connection with the investigation and remediation of contaminated sites under CERCLA, including the Lower Passaic River Study Area Superfund site, the Berry’s Creek Superfund site, the Gowanus Canal Superfund site, and several landfill Superfund sites, as well as sites regulated under state programs in New Jersey and New York.
  • Chevron on environmental commodities, climate policy, and advocacy issues in California.
  • Buyers, sellers, lenders, and underwriters in connection with a broad range of environmental issues in merger, acquisition, and financing transactions.
  • A confidential client in connection with numerous asbestos claims stemming from historic and divested business units.

Thought Leadership

  • Environmental Compliance and COVID-19 – 5 Questions for Companies to Consider  -  April 15, 2020
  • New York to Consider Imposing California Proposition 65-Like Labeling Requirements -  April 16, 2019
  • Interior Department Solicits Comments on Natural Resource Damage Assessment Regulations -  August 28, 2018
  • Will Changes to the Supreme Court Mean Changes to CERCLA's Joint and Several Liability Regime? -  May 01, 2017
  • Superfund Litigation Update: Second Circuit -  August 01, 2016
  • Planning for Environmental Crises -  August 01, 2016
  • The End of NJDEP's NRD Litigation Approach as We Know It? -  March 01, 2016
  • Update: EPA’s Issues Final Rule on ASTM E1527-13 Standard for “All Appropriate Inquiries” -  January 06, 2014
  • EPA Adopts ASTM E1527-13 as Additional Standard for "All Appropriate Inquiries" -  August 29, 2013
  • California Air Resources Board Subpoenas Electricity Trading Information -  August 13, 2013
  • California Chamber of Commerce v. California Air Resources Board -  November 14, 2012
  • Natural Resource Damages After NJDEP v. Dimant -  October 02, 2012
  • Supreme Court Finds Review of Clean Water Act Order Available Under APA -  April 03, 2012
  • Managing Claims for Natural Resource Damages -  June 2011
  • President Obama Directs EPA to Reconsider California Waiver Request to Regulate Greenhouse Gases; Decision Appears Likely to Impact Automobile Manufacturers and May Signal EPA Regulation of CO2 under the Clean Air Act -  July 1, 2009
Has “a great working knowledge of the regulations, regulators and court system” and “achieves goals.”The Legal 500 US 2018
Bar Qualification
  • New Jersey
  • New York
Education
  • JD, Rutgers University School of Law - Newark, 2007
  • BS, The College of New Jersey, 2004
Industries
  • Retail & Consumer Products
  • Energy & Infrastructure
  • Automotive
Practices
  • Product Liability, Mass Torts & Consumer Class Actions
  • Environmental Litigation
  • Litigation & Trial Practice
  • Environment, Land & Resources