BakerHostetler has recruited crisis lawyer Greg Dillard to lead its newly created Catastrophic Accident Response team, the firm announced Monday.
Dillard, who was previously a partner at Baker Botts, has joined BakerHostetler’s Houston office as a partner in its national litigation practice group. He will also be a member of the Energy Industry team and help lead the Workplace Safety OSHA practice team, the firm said in a press release.
Dillard’s clients have included big companies such as BP, Chevron, Exxon Mobil and DuPont.
“Greg is a highly respected workplace safety and accident response practitioner whose experience spans the energy industry as well as other key industries,” said Matthew Caligur, managing partner of the Houston office. “His unique ability to help clients navigate the legal and business effects of crises will be an immediate asset to our clients, the firm and the Houston office.”
Having Dillard come on board presented an opportunity for the firm to formalize a “one stop shop” for clients, said Ray Whitman, chair of BakerHostetler’s Litigation Practice Group. The firm has long advised clients on catastrophic events and has worked with Dillard before, Whitman added.
Dillard brings “regulatory expertise to the table where we’ve provided super strong litigation and enforcement to our white collar practice,” Whitman said.
The response team will include more than 30 lawyers located in over a dozen offices across the country.
Dillard said he was drawn to the team because of its unique ability to rapidly respond to events across a variety of industries and types of crises.
“It can be a chemical release, it can be a warehouse fire, it can be a refinery explosion, an upstream oil and gas accident,” Dillard said. “We’re able to really tailor our services for the needs of the client.”
The team is also equipped to represent clients in internal and government investigations and litigation. Dillard pointed to work he did preparing an internal investigation and OSHA response for the rental company that owned a construction crane that fell during a 2019 Dallas storm onto an apartment complex, killing one person and injuring more. In that situation, Dillard partnered with another law firm that handled the litigation. BakerHostetler’s new catastrophe team would be able to handle a case like that in trial as well, Dillard said, illustrating the “one stop shop” aspect.
“It’s that strength on strength that has me so excited about BakerHostetler,” Dillard said.
Dillard spoke with The Texas Lawbook during his first day on the job. The following interview has been edited for clarity.
Why did you decide BakerHostetler was a better firm for your current practice?
This firm is the best firm for my practice and it’s because we have an aligned strategic vision for how we want to manage these types of matters. I’ve personally had a long history of catastrophic accident response and I wanted to partner with a firm that was looking at how we would do this nationally and across different industries and not being narrow in where we worked or who we worked with. I really do think there’s not another firm that’s got 17 U.S. offices spread like we do with clients that … have high risk operations: Mining companies, steel companies, oil and gas companies, chemical manufacturers, transportation, heavy manufacturing. Those are the types of clients that need our assistance. And so I’m super excited to be here working with these guys.
It sounds like you’re going to be juggling a whole lot – partner in the firm’s nationwide Litigation Practice Group, leader of the Catastrophic Accident Response team, member of the Energy Industry team and aiding the Workplace Safety OSHA practice team. Is there anything I’m missing? How do you envision your typical day wearing all of these hats?
The nice thing is there’s synergies between all of that. So, super excited about the OSHA workplace safety team. We’re going to be looking to add lawyers for that team. We already have them strategically located in Ohio, in Florida, in Texas, in California. But those lawyers are going to seamlessly be a part of our Catastrophic Accident Response Team. Just like our environmental lawyers are in D.C., in Ohio, in California. And then our deep litigation bench, where we really have one of the leading energy litigation and energy accident litigation teams.
My typical day is usually atypical. So, two weeks ago on Saturday at 10 a.m., I got a call and the client said, “Hey, we just had a fatality at a construction site. We need help with OSHA.” And I said, “OK, what you really need help with is preparing for the litigation, evidence preservation, internal investigation, and your OSHA response.” But that’s a Saturday at 10 a.m. That wasn’t on my agenda. And so, my day here is dealing with OSHA litigation. It’s dealing with response agencies. I currently have an internal investigation I’m working on today, a response to the U.S. Chemical Safety Board, talking to some new clients, and having Zoom calls with some of our OSHA attorneys in two other states. And I’m getting to talk to you.
Thanks for fitting us in. I’m curious – What trends are you seeing when it comes to workplace accidents?
The trends are things that drive client demand. Increased media scrutiny, number one. Number two, increased regulatory enforcement, EPA, OSHA, other agencies like NTSB or ATF. We’re seeing an increase with regard to looking at criminal enforcement of these accidents. And then the civil tort litigation liability, particularly in what I call high value states, like Texas. You’re seeing companies that have to prepare for significant civil litigation. And then the last thing is the clients themselves having business reputation concerns. Their customers don’t want to work with folks who have had accidents that aren’t understandable, that aren’t explainable and that aren’t preventable again. And so the demand for the services continues to go up every year for all four of those reasons.
I think the last time we interviewed you was in 2019, and we asked you then about how OSHA operated differently during the Trump administration compared to the Obama administration. (Back then, you said OSHA operated essentially the same) So now, how would you compare the way OSHA operates under the Biden administration to the way it operated under the last two presidents?
We have seen a return to essentially public shaming by OSHA against what they believe are bad actors or repeat offenders. We’re seeing larger penalties assessed for similar types of events from the past. And we are seeing an increase in referrals after fatality incidents from OSHA to the Department of Justice.
Are there any particular kinds of accidents that you are seeing more often now than in the past?
No, we’re not seeing a particular industry having more accidents than in the past. We are seeing one-off accidents get much greater enforcement and media attention than in the past. So a single train derailment, for example, is now garnering a lot more regulatory enforcement than it would have in the past, where previously you might have expected not to see that type of, or level of, enforcement until there have been repeat incidents or repeat violations by a company.