Lindsay Ann Brown

Partner

  • Lindsay Ann Brown
  • Phone: +1 856 874 4223

    Import to Address Book

  • Duane Morris LLP
    1940 Route 70 East, Suite 100
    Cherry Hill, NJ 08003-2171
    USA

Lindsay Brown handles complex, high-profile litigation for clients involved in environmental and commercial disputes. Ms. Brown has a wide range of experience from representing major petroleum and chemical companies in billion-dollar litigations to efficiently resolving matters without the need for litigation. Her roster of clients have included major corporations such as Occidental Petroleum Corporation, Sunoco, Inc., Exxon Mobil Corporation, Conrail, Inc., LUKOIL, Aramark Corporation and other public and private companies.

As an experienced environmental practitioner, Ms. Brown handles everything from environmental contamination cases, including cost recovery and contribution actions, claims for natural resource damages and toxic tort claims, to advising clients with respect to regulatory compliance, agency investigations, remediation of contaminated sites and the purchase and sale of property with environmental liabilities. She is also the firm’s go-to attorney for matters involving per- and polyfluoroalkyl substances (known as PFAS).

Ms. Brown also has significant experience handling commercial litigation matters, including defending class action claims, complex contractual disputes and high-stakes injunction claims. More recently, Ms. Brown has honed her litigation and trial strategy skills by managing the nationwide litigation docket for one of the firm’s largest clients. She has developed a keen awareness for balancing legal and business considerations and advising clients on ways to avoid litigation, manage risk and, most importantly, manage the “bottom line.”

Areas of Practice

  • Environmental Litigation

  • Commercial Litigation

  • Regulatory Investigation and Compliance
  • Energy Law

Admissions

  • New Jersey
  • Pennsylvania
  • U.S. District Court for the District of New Jersey
  • U.S. Court of Appeals for the Third Circuit

Education

  • Drexel University, Thomas R. Kline School of Law, J.D., summa cum laude, 2009
    - Senior Editor, Drexel Law Review
  • University of Pennsylvania, B.S., Biology, cum laude, 2002

Experience

  • Duane Morris LLP
    - Partner, 2022-present
    - Special Counsel, 2016-2021

  • Archer & Greiner P.C.
    - Senior Associate, 2009-2016

  • Rachel Carson National Wildlife Refuge
    - Biological Technician, 2003-2005

Professional Activities

  • Society of Women Environmental Professionals
  • Drexel University Thomas R. Kline School of Law Inn of Court, Executive Board
  • American Bar Association
    - Section of Environment, Energy and Resources

Representative Matters

    Environmental Litigation and Counseling

  • Represented a chemical company in defense of a lawsuit concerning historic contamination at a gasoline service station in Clifton, New Jersey, where the current owner sought past and future remediation costs; the case settled for a fraction of the potential exposure.

  • Representing a chemical company in response to Notice of Violation issued by the New Jersey Department of Environmental Protection concerning historic landfill closure requirements.

  • Representing an oil company in addressing legacy environmental liability at 26 Sites located in Hudson and Essex Counties in New Jersey that are alleged to be contaminated by operations at a former company plant; sites include a commercial truck stop, an active chlorine plant and a power generation site, and issues include remediation and eminent domain.

  • Represented major oil company in lawsuits seeking to recovery natural resource damages (NRD) for soil and groundwater contamination caused by gasoline additives in New Jersey, Pennsylvania and Puerto Rico, obtaining dismissal on summary judgment in the Puerto Rico matter.

  • Represented chemical company in lawsuit by the State of New Jersey seeking to recover natural resource damages and economic damages related to historic dioxin contamination.

  • Represented major oil company in a suit brought by the current landlord of a former gasoline station in New York City seeking remediation of contamination and damages.

  • Settled a Notice of Violation issued to a chemical company by the New Jersey Department of Environmental Protection concerning proper manifesting of hazardous wastes.

  • Represented a clothing manufacturer in pursuit of cleanup costs against an oil company in connection with contaminated sites in Sacramento, CA.

    • Complex Litigation

  • Represented Virtua Health System and Our Lady of Lourdes Health System in commercial litigation brought by Deborah Heart & Lung Center in New Jersey state court whereby Deborah claimed that Virtua’s acquisition of Lourdes in 2019 caused Lourdes to breach a restrictive covenant in a contract between Deborah and Lourdes, and resulted in Virtua inducing the alleged breach and competing unfairly with Deborah. This matter was resolved by the mutual agreement of the parties and dismissed in its entirety with prejudice.

  • Represented Powder Springs Logistics, LLC, a joint venture between affiliates of Magellan Midstream Partners, L.P. and Colonial Pipeline Company, in a “bet the company” case where the court held that Powder Springs is permitted to blend butane into gasoline shipped on the Colonial pipeline because shippers receive the quality of gasoline they were promised at delivery. The filed-rate doctrine barred the plaintiff’s claims because the plaintiff impermissibly sought to expand its rights as a shipper under Colonial’s tariff to receive only on-specification gasoline; the decision is the first to approve of the practice of butane blending by pipelines and will be an important precedent for regulated energy clients.

  • Represented a manufacturer of cleaning and hygiene products in a major COVID-19-related commercial litigation concerning access to supplies of disinfectant wipes, with the judge ruling in the client’s favor in a jurisdiction dispute.

  • Representing food recycling company in connection with theft of company trade secrets, confidential information, and other intellectual property by former licensee and partner.

Selected Publications

Selected Speaking Engagements

  • Panelist, “PFAS: Responding to Orders to Investigate and Increasing State and Federal Scrutiny” Strafford CLE Webinar, April 12, 2022
  • Panelist, “UPDATE – PFAS: Responding to Orders to Investigate and Increasing State and Federal Scrutiny,” Strafford CLE Webinar, April 27, 2021
  • Panelist, "PFAS: Responding to Orders to Investigate and Increasing State and Federal Scrutiny," Strafford CLE Webinar, April 8, 2020
  • Co-presenter, "'Toxic Soup': Unregulated Contaminants in Drinking Water & Future Litigation Challenges," Chemistry Council of New Jersey Annual Spring Conference, May 2014
  • Presenter, "Status of Invasive Plant Species on Thirteen Wildlife Refuges in Region 5," Region 5 Invasive Species Workshop, Washington, D.C., 2006
  • Co-presenter, "Sudden Wetland Dieback Proceedings and Recommendations," Society of Wetland Scientists, 2005

Representative Matters

    Environmental Litigation and Counseling

  • Represented a chemical company in defense of a lawsuit concerning historic contamination at a gasoline service station in Clifton, New Jersey, where the current owner sought past and future remediation costs; the case settled for a fraction of the potential exposure.

  • Representing a chemical company in response to Notice of Violation issued by the New Jersey Department of Environmental Protection concerning historic landfill closure requirements.

  • Representing an oil company in addressing legacy environmental liability at 26 Sites located in Hudson and Essex Counties in New Jersey that are alleged to be contaminated by operations at a former company plant; sites include a commercial truck stop, an active chlorine plant and a power generation site, and issues include remediation and eminent domain.

  • Represented major oil company in lawsuits seeking to recovery natural resource damages (NRD) for soil and groundwater contamination caused by gasoline additives in New Jersey, Pennsylvania and Puerto Rico, obtaining dismissal on summary judgment in the Puerto Rico matter.

  • Represented chemical company in lawsuit by the State of New Jersey seeking to recover natural resource damages and economic damages related to historic dioxin contamination.

  • Represented major oil company in a suit brought by the current landlord of a former gasoline station in New York City seeking remediation of contamination and damages.

  • Settled a Notice of Violation issued to a chemical company by the New Jersey Department of Environmental Protection concerning proper manifesting of hazardous wastes.

  • Represented a clothing manufacturer in pursuit of cleanup costs against an oil company in connection with contaminated sites in Sacramento, CA.

    • Complex Litigation

  • Represented Virtua Health System and Our Lady of Lourdes Health System in commercial litigation brought by Deborah Heart & Lung Center in New Jersey state court whereby Deborah claimed that Virtua’s acquisition of Lourdes in 2019 caused Lourdes to breach a restrictive covenant in a contract between Deborah and Lourdes, and resulted in Virtua inducing the alleged breach and competing unfairly with Deborah. This matter was resolved by the mutual agreement of the parties and dismissed in its entirety with prejudice.

  • Represented Powder Springs Logistics, LLC, a joint venture between affiliates of Magellan Midstream Partners, L.P. and Colonial Pipeline Company, in a “bet the company” case where the court held that Powder Springs is permitted to blend butane into gasoline shipped on the Colonial pipeline because shippers receive the quality of gasoline they were promised at delivery. The filed-rate doctrine barred the plaintiff’s claims because the plaintiff impermissibly sought to expand its rights as a shipper under Colonial’s tariff to receive only on-specification gasoline; the decision is the first to approve of the practice of butane blending by pipelines and will be an important precedent for regulated energy clients.

  • Represented a manufacturer of cleaning and hygiene products in a major COVID-19-related commercial litigation concerning access to supplies of disinfectant wipes, with the judge ruling in the client’s favor in a jurisdiction dispute.

  • Representing food recycling company in connection with theft of company trade secrets, confidential information, and other intellectual property by former licensee and partner.