Karin O'Connell advises the firm's clients with respect to environmental issues arising in connection with purchase/sale/lease transactions, real estate development, and land use, including risk assessment and allocation as well as compliance concerns.  Because of her extensive litigation experience, Karin also acts as trial counsel in connection with environmental disputes, representing the firm's clients before the Illinois Pollution Control Board and in state and federal courts.  She has provided counsel in matters involving environmental auditing, site remediation, underground storage tanks, wetlands preservation and permitting, endangered species, stormwater permitting, air permitting compliance, archaeological sites, mining and clean fill, and "superfund" liability.  She also advises clients on developing issues in connection with green initiatives, greenhouse gases and sustainability.

As a litigator, Karin has handled cases for closely held and family-owned businesses in a diverse range of commercial matters, including contractual disputes involving suppliers, distributors and independent contractors; successor liability disputes; trademark infringement issues; dealership disputes; non-competition agreements; breach of warranty actions; real estate disputes; and employee benefits under federal regulatory programs.

She works closely with the firm's clients providing counsel in advance of transactions and significant business decisions to reduce or eliminate potential liability and disputes arising as a result of these activities.

Recent Representative Matters

• Trial counsel for a major Midwest stone quarry in a federal Clean Water Act case seeking over $100 million in damages.
• Trial counsel for aggregates company at Illinois Pollution Control Board in connection with alleged landfill violations of licensee.
• Trial counsel for owner of investment properties in connection with private cost recovery action under federal CERCLA.
• Environmental counsel to major client with respect to potential real estate acquisition including concerns about endangered species, wetlands, historical contamination and archaeological sites.
• Environmental counsel to client purchasing assets from bankrupt estate of national clothing distributor.
• Environmental counsel to major aggregate production company with respect to potential sale.
• Litigation/environmental counsel to purchasers in connection with numerous muilti-million dollar acquisitions of trailer company, agricultural machinery company, and aggregates resources.
• Trial counsel for furniture manufacturer in dispute concerning sales representation, marketing, and anti-trust issues.
• Trial counsel for trailer manufacturer in multi-million dollar dispute with supplier and customer over issues of warranty, contract, and misrepresentation.
• Trial counsel for regulated electric utility, in arbitration seeking damages in excess of $40,000,000 for alleged breach of electric power marketing contract.

Published Opinions

    Seventh Circuit Court of Appeals:

• Freeman United Coal Min. Co. v. Director, Office of Worker's Compensation Programs, U.S. Dept. of Labor, 94 F.3d 384 (7th cir. 1996) 
• Freeman United Coal Min. Co. v. Hunter, 82 F.3d 764 (7th Cir. 1996) 
• Freeman United Coal Min. Co. v Hilliard, 65 F.3d 667(7th Cir. 1995) 
• Freeman United Coal Min. Co. v. Cooper, 965 F.2d 443 (7th Cir. 1992) 
• Hawkins v. Director, Office of Worker's Compensation Programs, 907 F.2d 697 (7th Cir. 1990) 
• Freeman United Coal Min. Co. v. Benefits Review Bd., U.S. Dept. of Labor, 909 F.2d 193 (7th Cir. 1990) 

    Illinois Appellate Court Cases:

• Elipas Enterprises, Inc. v. Silverstein, 243 Ill.App.3d 230, 612 N.E.2d 9 (1st Dist. 1993) 
• Luminall Paints, Inc. v. LaSalle Nat. Bank, 220 Ill.App.3d 796, 581 N.E.2d 191 (1st Dist. 1991) 

    Federal Case:

• Premium Plastics v. LaSalle Nat. Bank, 904 F.Supp. 809, 26 Evtl. L. Rep. 20,681 N.D.Ill (1995) 

Presentations

• The Development Approval Process in Illinois - Regulatory Concerns Related To Development, August, 2006

Professional and Civic Affiliations

• Society of Women Environmental Professionals
• North American Lake Management Society
• U.S. Green Building Council - Chicago

Other Publications

• Gould & Ratner Environmental Update, October 2009
• Gould & Ratner Environmental Update, May 2009
• Gould & Ratner Environmental Update, March 2009
• Gould & Ratner Environmental Update, January 2009
• Gould & Ratner Environmental Update, December 2008