Seyfarth Shaw LLP

OSHA, MSHA, Environmental and Whistleblower

Mr. Clark is a partner in the Firm’s Labor and Employment Department and Chair of the Workplace Safety and Environmental practice group. He focuses his practice on litigation defense, trial and appellate practice, and handles  OSHA, MSHA,  environmental, workplace whistleblower, tort and toxic tort, and employment litigation matters. As an OSHA and MSHA litigator, he has defended against willful, serious, repeat, unwarrantable failure, Section 110(c) and egregious citations, including hearings and appeals to the OSHA Review Commission, the Mine Safety Health Review Commission and the United States Circuit Court of Appeals. He has tried numerous cases before Federal and State OSHA courts.  He has provided analysis, investigation, and advice regarding potential criminal and whistleblower allegations and claims including discrimination, termination, retaliation, and whistleblower claims under OSHA, MSHA, DOT, Air 21, and the Surface Transportation Assistance Act (STAA). Mr. Clark has experience in investigating, reporting, and defending against claims arising from workplace fatalities, explosions, fires and catastrophes in general industry and construction. He also provides general compliance counseling and advice concerning OSHA and MSHA inspections and investigations, internal audits and compliance issues. Mr. Clark advises clients and trade associations regarding comments on new and proposed OSHA standards and has testified before OSHA regarding standards such as OSHA’s ergonomics standard. His experience in the area of environmental law includes litigating a variety of claims under federal and state environmental statutes and regulations before federal and state courts and agencies. He has defended and prosecuted claims under CERCLA (Superfund), RCRA, TSCA, the Clean Water Act, the Clean Air Act, EPCRA, Underground Storage Tanks (UST’s), DOT, FAA and related state statutes and regulations. Mr. Clark also provides general environmental compliance counseling and assists clients with internal audits, compliance programs, agency inspections, and transactions involving environmental issues. He represents clients regarding chemical and environmental product regulations and hazardous materials including mercury, lead, and VOC’s. He handles the investigation, litigation and trial defense against environmental, whistleblower, discrimination and retaliation claims. Mr. Clark’s experience in tort and toxic tort litigation includes actions covering negligence, chemical exposures, chemical releases, groundwater contamination, underground storage tanks, property damage, premises liability, product liability, respondeat superior, and intentional torts including cases involving benzene, asbestos, silica, lead, PCB’s, mold, solvents and hazardous wastes and hazardous substances. Mr. Clark lectures frequently to trade and industry groups on OSHA and MSHA compliance and defense, whistleblower investigations and defense, environmental compliance and litigation matters, and various issues relating to hazardous and toxic chemicals.

American Bar Association, Labor & Employment: Occupational Safety and Health, (Natural Resources, Energy, and Environmental Law and Litigation Sections); Illinois State Bar Association (Civil Practice and Procedure Section); Chicago Bar Association (Environmental Law Section)

- J.D., University of Virginia School of Law (1986) - B.A., Kenyon College (1983) summa cum laude