Current Employment Position(s)

Of Counsel

Lawyer Overview

Jack Grady's environmental law experience includes a significant litigation background, as well as representation of clients in transactions, negotiations, investigations, and regulatory matters involving all environmental media. Jack's practice at Jones Day consists of representing clients in a variety of environmental issues. He has represented clients in the defense of civil and criminal environmental governmental enforcement actions, the defense and prosecution of private party environmental indemnity claims, the defense of environmental property damage claims, and other environmental litigation. Jack's trial work has included serving as common counsel to a group of alleged potentially responsible parties in response to contribution claims under the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) (Southdown v. Allen, 119 F. Supp. 2d 1223 (N.D. Ala. 2000)) and successfully defending on appeal a favorable judgment of behalf of a client in a CERCLA parent­operator liability case (Atlanta Gas Light Company v. UGI Utilities, Inc. et al., 463 F. 3d 1201 (11th Cir. 2006)). He has managed the due diligence and contract negotiations related to mergers, acquisitions, and divestitures of businesses and properties with significant environmental profiles. In addition, he regularly represents clients in compliance counseling, permitting, and other regulatory issues. Jack's practice also has included general litigation matters, including the defense of a multimillion dollar qui tam action under the federal False Claims Act.

While at the Department of Justice he represented the United States in numerous environmental enforcement matters under CERCLA as well as the Resource Conservation and Recovery Act (RCRA), the Clean Air Act, and the Clean Water Act. He served as lead trial counsel on several matters resulting in favorable trial judgments and rulings in the district court and assisted in the defense of these judgments on appeal. Furthermore, he negotiated settlements for the cleanup of Superfund sites, prospective purchaser agreements, and enforcement actions under RCRA, the Clean Air Act, and the Clean Water Act.

Jack's trial work at the Department of Justice resulted in such significant environmental decisions as U.S. v. Bethlehem Steel, 829 F. Supp. 1023, aff'd in part and rev'd in part, 38 F.3d 862 (7th Cir. 1994) and 829 F. Supp. 1047 (N.D. Ind. 1993); U.S. v. Ekco Housewares, Inc., 853 F. Supp. 975 (N.D. Ohio 1994), aff'd in part and remanded in part, 62 F.3d 806 (6th Cir. 1995); United States v. Allied Signal, 830 F. Supp. 1120 (S.D. Ind. 1993); and United States v. NL Industries, et al., 936 F. Supp. 545 (S.D. Ill. 1996). While at the DOJ he received the United States Department of Justice's Special Achievement Award and two U.S. EPA Bronze Medals for Commendable Service. He also contributed as an instructor in several Environmental Enforcement Section training programs and at U.S. EPA's RCRA Practitioner's Workshop.

Prior to coming to the Department of Justice in 1991, Jack served briefly as staff counsel to the United States Senate Judiciary Committee, where he assisted in the management of legislative proposals on the Senate floor and participated in the preparation for and the conduct of Senate hearings on the nomination of Clarence Thomas as an associate justice to the United States Supreme Court.

Jack has published articles and spoken on a variety of topics, including an article in the January/February 1999 edition of Mergers & Acquisitions magazine on the United States Supreme Court decision in United States v. Bestfoods. He has spoken on such topics as "Assessing and Allocating Environmental Risk" and the "Self-Critical Analysis Privilege and Its Application to Environmental Regulation." Jack's background includes extensive experience in environmental and land use issues, including serving as a member of the zoning board for the city of Salem, Massachusetts. Jack was a member of the American Arbitration Association's Commercial Panel of Arbitrators for Environmental Issues and the Metro Atlanta Chamber of Commerce's Brownfields Issues Advisory Committee.

Areas of Practice

• Government Regulation
• Environmental, Health & Safety
• Real Estate
• Product Liability & Tort Litigation

Representative Cases

• Ashley II of Charleston, LLC v. PCS Nitrogen Inc., (D.S.C.)
• Atlanta Gas Light v. UGI Utilities, et al.
• David A. Lovelace, et al., ex rel. United States of America v. Washington Group International, Inc.
• Gina Cogsworth, et al. v. Highlands Cashiers Hospital, et al.
• In re PCS Nitrogen Fertilizer L.P. (M.D. La.)
• Jenkins, et al. v. ARAMARK Uniform & Career Apparel, Inc.; Dekalb Investment Group v. ARAMARK Uniform & Career Apparel, Inc.
• Acquisition and Related Financing for Subsidiary of Hexcel Corporation , (2009)
• Acquisition by Arcapita
• Acquisition of A.T. Reynolds and Sons, Inc.
• Acquisition of Bismack Huron Ice, Inc.
• Acquisition of Brandywine Ice Co.
• Acquisition of California Ice
• Acquisition of Geske’s Ice Co.
• Acquisition of Hercules Resins Division
• Acquisition of Holsum Bakery
• Acquisition of Ice Castles, Inc.
• Acquisition of International Ice Incorporated
• Acquisition of Kar Ice
• Acquisition of Knowlton Distributors, L.L.C.
• Acquisition of Knowlton Enterprises, Inc.
• Acquisition of Koldkist
• Acquisition of Losquadro Ice Company, Inc., Huntington Ice & Cube Corp., Cubex, Inc., Losquadro Fuel Corp. and L&P Realty, L.L.C.
• Acquisition of Michigan Pure Ice, L.L.C.
• Acquisition of Northern Pure Ice Co., L.L.C.
• Acquisition of R&K Trucking, Inc.
• Acquisition of R&T Enterprises, Inc. and R&T Partnership
• Acquisition of Ron’s, Inc.
• Acquisition of Royal Group Technologies
• Acquisition of Southeastern Michigan Ice Services, L.L.C.
• Acquisition of SPM Flow Control
• Acquisition of Springdale Ice Company and Diamond Ice Cube Company, Inc.
• Acquisition of Stainless Fabrication, Inc.
• Acquisition of Stelley’s Pure Ice, Inc.
• Acquisition of Susquehanna Radio , (2005)
• Acquisition of Taylor Ice Service, Inc.
• Acquisition of Union Ice
• Acquisition of Winkler Lucas Ice and Fuel d.b.a. Mid-Michigan Ice Co., Inc.
• Acquisition of Wonderland Ice, Inc.
• Bankruptcy Buyout , (2009)
• Buyout , (2008)
• Buyout
• EH&S Counseling
• Environmental Compliance Issues; Threatened Toxic Tort Exposure Claim
• Environmental Enforcement Defense
• Environmental Regulatory Counseling
• Jones Day Atlanta Making the Case for a New Georgia Juvenile Code , (2008)
• Management of Superfund Sites Portfolio
• Regulatory Compliance; Mergers and Acquisitions
• Sale of JetStar Consolidated Holdings
• Sale of Kaolin Business
• Sale of Stevens Roofing , (2009)

West Practice Categories

Alcoholic Beverages, Apparel, Asbestos, Chemicals & Cosmetics, Clean Air Practice, Cleanup & Superfund, Commercial Leasing, Commercial Real Estate, Condemnation, Condominiums & Cooperatives, Conveyancing, Eminent Domain, Environmental Law, Firearms, Food & Agricultural Products, Food & Drug Administration, Government Agencies & Programs, Hazardous Waste, Housing & Urban Development, Land Use & Zoning, Landlord/Tenant, Law Enforcement Agencies, Machinery & Tools, Medical Products & Devices, Medicare & Medicaid, Mortgages & Foreclosures, Motor Vehicle Defects, Permits, Pharmaceutical Products, Products Liability Law, Real Estate Law, Recreational Products, Regulatory Compliance & Auditing, Residential Real Estate, Social Security -- Disability, Social Security -- Retirement & Survivors Benefits, Solid Waste, State & Local Agencies, Title Insurance, Tobacco, Veterans' Affairs, Water Pollution, Welfare, Wetlands & Wild Lands

Bar Admissions

• Georgia
• Massachusetts

Education

• New England School of Law

Published Works

• Federal Government Loses Authority to Regulate Millions of Acres of Private Property, 2001
• A Break for Buyers on Inheriting Pollution Problems, Mergers & Acquisitions Vol. 33/Number 4, 1999

Address

1420 Peachtree Street, N.E.,
Suite 800
Atlanta, GA 30309-3053

Phones

1.404.581.8316 (Business Phone)

Faxes

1.404.581.8330 (Business Fax)

Emails

Contact Us (Business Email)

Websites

http://www.jonesday.com