Daniel A. Cantor | People | Arnold & Porter

Dan Cantor combines his dual training and experience as a litigator and environmental lawyer into a broad-based practice focused on all manners of complex litigation. Among other things, he has represented clients in allocation proceedings, business loss claims, indemnity disputes, contract disputes, environmental matters, antitrust matters, property damage disputes, and intellectual property matters. He regularly works with leading economists, accountants, statisticians and other expert witnesses in analyzing and presenting testimony on causation, damages, valuation, and other issues. Mr. Cantor has significant experience defending against and resolving putative class actions. He litigates in a variety of different fora, including federal and state courts, administrative tribunals, and arbitrations.

His environmental practice is focused on resolving disputes concerning environmental liabilities, as well as proactively managing and reducing potential liabilities. Mr. Cantor frequently handles and litigates disputes among past and current business and property owners concerning environmental liabilities. Such disputes often involve the interplay of contractual agreements (i.e., divestiture and indemnity agreements) and public laws. He also regularly represents clients in a variety of alleged business losses, diminished value, property damage, toxic tort and spill disputes, and has significant experience opposing efforts to certify classes as well as structuring class action settlements. He has designed and overseen claims facilities for resolution of large numbers of claims following environmental incidents, and has represented clients in federal and state congressional inquiries and hearings, as well with public relations matters associated with environmental incidents and mass torts.

Mr. Cantor also works with clients to manage and reduce potential liabilities. He frequently represents developers, buyers, sellers, lessees, lessors, lenders, and borrowers with regard to environmental issues arising in all forms of real estate and corporate transactions. He has significant experience in drafting and negotiating contracts that allocate environmental liabilities, as well as negotiating and drafting environmental insurance policies and third-party risk transfer and guaranteed fixed price agreements.

Prior to joining the firm, Mr. Cantor clerked for the Honorable Christine O.C. Miller of the Court of Federal Claims.

Focus Areas

Experience

BP, as lead counsel, with regard to business and individual claims arising from Deepwater Horizon spill. Litigated thousands of claims in multiple dispute resolution forums involving alleged lost profits, diminished value, and property damage.
Major League Baseball, as lead counsel, in trial and appellate proceedings concerning the allocation of statutory royalties paid for the retransmission of broadcast signals.
Energy company, as lead counsel, in defense of indemnity claims arising from divesture of refinery.
Lead defense counsel in federal court litigation concerning environmental indemnity claims for six divested industrial facilities.
Large industrial manufacturer, as lead counsel, in appeal of multimillion dollar award of statutory attorneys' fees. Appellate court vacated fee award as excessive and unsupported.

Former owner of industrial plant with regard to environmental issues for the Buffalo River (sediment remediation, defense of NRD claims, and prosecution of cost recovery claims).
Former owner of chemical plant with regard to remediation and redevelopment (including participation in state brownfield program, guaranteed fix price contract and environmental insurance).
Former owner of industrial plant in Superfund remediation of plant and 180 neighboring residential properties.
Owner of industrial plant in Superfund remediation of plant and sediment remediation of adjacent river.

Designed, drafted, and negotiated innovative risk transfer whereby contractor assumed from client obligation to perform remediation of 700 property portfolio.
Potentially Responsible Party (PRP) as lead counsel on transaction whereby 100-year-old manufacturing facility was conveyed to municipality. PRPs and municipality jointly funded a risk transfer product and corresponding environmental insurance to cover the remediation. Portions of the project also were funded with federal and state Brownfield grants, as well as through the creation of a tax incremental finance zone.
Designed, drafted, and negotiated risk transfer whereby seller and purchasers jointly purchased a risk transfer product and insurance policies to cover the remediation and tort risks of a portfolio of 150 properties being divested by seller.
Led transaction whereby client risk transferred and insured liabilities associated with 80 properties it had previously divested.

Developer in environmental issues concerning mixed use redevelopment of former dry cleaning facility, including entry into state brownfield program, negotiation of indemnities, and negotiation and purchase of environmental insurance.
Seller of former coal fired power plant in environmental matters associated with sales transaction, including contractual assumptions, environmental insurance, and state brownfield program.
Seller of property in environmental matters, including contractual allocation of environmental liabilities and entry into DC voluntary cleanup program.
Buyer of commercial property in environmental issues concerning contractual allocation of environmental liabilities and negotiation of indemnities.
Served as national environmental counsel to client in a divestment of thousands of properties.
Investment company in sale of contaminated property, including negotiation of indemnities and allocation of environmental liabilities.