Toxic Tort / Environmental Litigation
Mr. McCullough handles complex commercial cases including class action work, contract and commercial suits, products liability, intellectual property, environmental and employment disputes. Mr. McCullough also is experienced in the defense of mass torts.
Current clients include multi-national corporations, companies listed in the S&P 500, as well as some of the largest privately held manufacturing companies in the United States.
SIGNIFICANT RECENT ENGAGEMENTS
- Selected as lead counsel, DSM Dyneema v. Honeywell et al, over $80 million dollar claim for unfair competition and theft of trade secrets in the market for ultra light weight ballistic resistant materials. Pending in North Carolina. Case Number 13CVS1686.
- Selected as lead counsel for two electrical contractors in Dutchess County, New York defending before the NLRB in two actions alleging lack of corporate separation between union and non union entities.
- Selected as lead counsel by four entities defending in Federal Court in New York against the EEOC on charges of discriminating against persons of Hispanic Origin.
- Appointed as lead counsel for a manufacturing company in the largest environmental action in the history of the State of New Jersey.
- Selected as lead counsel in two related environmental dump use related cases.
- Obtained successful toxic tort trials results in five states, including defense verdicts and directed verdicts.
- Retained as national counsel for a national manufacturing company involved in tens of thousands of asbestos related cases.
- Won dozens of summary motions in asbestos related cases with product identification.
- Achieved multiple arbitration and international results, including recovering over $20 million dollars in international arbitration of a industrial license dispute.
- Selected as national trial counsel for a pump and valve company involved in toxic tort litigation.
- Numerous successful representation of petroleum dischargers in cases involving water impacts, property impacts, and business impacts.
- Obtained expedited relief in equity court in favor of a $50 million dollar industrial joint venture dissolution.
- Chosen as national trial counsel for a multi-national chemical and life science company in the diacetyl, popcorn lung litigation.
- Acted as lead counsel in four consecutive successful expert Daubert challenges.
- Appointed as lead counsel to attack the enforceability of a high level scientistís non-compete agreement in a dispute between two of the largest chemical companies.
- Selected as lead patent enforcement counsel by a leading European appliance manufacturer to enforce its U.S. patent against infringing manufacturer.
- Retained as lead counsel to enforce the company's patent rights in the International Trade Commission to exclude the importation of infringing products into the U.S.
- Successfully challenged the patent priority rights of a joint venture partner in the medical device industry on behalf of a leading European biomedical company.
- Successfully obtained over $20,000,000 in compensation in the International Dispute Resolution Center of the American Arbitration Association on behalf of a European chemical company in an intellectual property licensing dispute with a leading Asian petrochemical company.
- Selected as lead counsel and successfully resolved a misappropriation of trade secrets case in the Federal District Court of Massachusetts in a dispute related to specialty enzymes.
Earlham College, B.A. (Economics), 1987
Emory University Law School, J.D., 1996
Order of the Coif
Order of the Barristers
Order of Advocates
National Moot Competition, Champion, 1996
National Moot Competition, Co-Author Best Brief, 1996
American Jurisprudence Award, Civil Procedure
American Jurisprudence Award, Constitutional Law
State of New York
U.S. District Court, Eastern District of New York
U.S. District Court, Southern District of New York
PROFESSIONAL AND CIVIC AFFILIATIONS
American Bar Association
United States Marine Corps, Officer, (1987-1991)