Category: Litigation

Nicholas McDaniel Received Annual Arthur S. Flemming Award for Exceptional Civil Service for Legal Achievement

Attorney Nicholas McDaniel received the annual Arthur S. Flemming Award for exceptional civil service in his former role with the U.S. Department of Justice, Environment and Natural Resources Division. One of only 12 public servants from a number of federal agencies being honored for their exceptional service, Nick is being recognized for his outstanding performance for legal achievement. Nick is a shareholder in Babst Calland’s Washington, D.C. office and focuses his practice on energy and environmental law and litigation.

The Arthur S. Flemming Awards are the nation’s oldest and most prestigious award for government service given from outside the government. Flemming Award recipients are exceptional employees, with three to 15 years of federal service, who are nominated by their agencies and selected through a competitive judging process. The awards are presented by the Arthur S. Flemming Awards Commission, in partnership with the George Washington University Trachtenberg School of Public Policy and Public Administration (TSPPPA) and the National Academy of Public Administration (NAPA).

The Flemming induction ceremony will take place on Sunday, November 2, 2025, at the National Academy of Sciences Building in downtown Washington, D.C., as part of the National Academy of Public Administration’s Annual National Conference.

For more information about the Arthur S. Fleming Awards, click here.

Former U.S. Department of Justice Environmental Enforcement Attorney Nicholas McDaniel Joins Law Firm Babst Calland’s Washington, D.C. Office

Babst Calland announced that Nicholas McDaniel has joined the firm as a shareholder in the firm’s Washington, D.C. office. With more than a decade of combined government and private practice experience, most recently as a senior enforcement attorney with the U.S. Department of Justice’s Environment and Natural Resources Division, Environmental Enforcement Section, McDaniel will be a member of the firm’s Litigation, Environmental, and Energy and Natural Resources groups. He will counsel companies on environmental compliance, enforcement, and litigation challenges.

At Babst Calland, McDaniel will focus his practice on complex environmental and commercial litigation for clients in the energy, natural resources, and manufacturing sectors. His work will include enforcement defense, citizen suits, and disputes involving environmental contamination. He also brings significant experience navigating bankruptcy proceedings involving environmental claims and negotiating settlements with regulators and citizen groups.

During his tenure at DOJ, McDaniel led major federal enforcement actions and complex negotiations that resulted in landmark environmental settlements. Notably, he secured the largest-ever civil penalty under the Clean Air Act, and is a three-time recipient of the prestigious Assistant Attorney General’s Award for Excellence – first for litigating and settling a cost recovery action under the Oil Pollution Act related to the longest-running oil spill in U.S. history, then for securing CERCLA cost recovery and natural resource damages on behalf of the United States, and later for his record Clean Air Act settlement. He also received numerous other honors, including the 2024 Arthur S. Flemming Award for legal achievement and recognition from the U.S. Department of Justice and the U.S. Environmental Protection Agency for exceptional service.

Earlier in his career, he litigated energy and rate-making cases before the Public Utilities Commission and in state courts with the Environmental Law & Policy Center.

“Nick is a highly skilled litigator with significant first-chair trial experience who has handled some of the toughest environmental enforcement cases in the country,” said Mark K. Dausch, shareholder in Babst Calland’s Litigation practice. “His government experience and proven ability to lead in the courtroom and deliver results in complex, high-stakes matters will be invaluable to our clients and a tremendous asset to our litigation team.”

“I am excited to join Babst Calland and to continue my practice alongside such a strong team of environmental and litigation attorneys,” said Nick McDaniel. “This firm has a well-earned reputation for excellence in environmental law and energy matters, and I look forward to helping clients address their most pressing challenges.”

“We are thrilled to welcome Nick to Babst Calland,” said Managing Shareholder Donald C. Bluedorn II. “His leadership role at DOJ in some of the most significant environmental enforcement cases in recent years, combined with his strong litigation background, brings exceptional perspective and capability to our clients as they navigate complex environmental challenges.”

McDaniel earned his J.D. cum laude from Harvard Law School in 2011 and his B.A. summa cum laude from Eastern Kentucky University in 2008. He is admitted to practice in the District of Columbia and Massachusetts.

Susanna Bagdasarova and Joseph V. Schaeffer Selected by The Legal Intelligencer as a “2025 Lawyer on the Fast Track, Small/Midsize Winner”

Babst Calland Attorneys Susanna Bagdasarova and Joseph V. Schaeffer were selected by The Legal Intelligencer as a “2025 Lawyer on the Fast Track, Small/Midsize Winner” in Pennsylvania.

After reviewing the results of nominations for the annual The Legal Intelligencer awards, a judging panel composed of evaluators from all corners of the legal profession and the state selected 12 attorneys as the 2025 Lawyers on the Fast Track, Small/Midsize Winners. This recognition is only given to attorneys under the age of 40 who have demonstrated excellence in four categories: development of the law; advocacy and community contributions; service to the bar; and peer and public recognition.

Susanna Bagdasarova is an associate in the Firm’s Corporate and Commercial and Emerging Technologies groups. Ms. Bagdasarova represents business clients in connection with a broad range of general corporate and commercial law matters, including entity formation, corporate structuring, corporate governance, commercial contracts, and mergers and acquisitions, with a focus on the technology sector. She is a member of the Allegheny County Bar Association and the Pennsylvania Bar Association’s Aeronautical and Space Law Section Council and Commission on Women in the Profession. Ms. Bagdasarova is also a member of the board of the Dickinson Law Alumni Society, GlobalPittsburgh, and Radiant Hall. She frequently writes and presents on the Corporate Transparency Act and artificial intelligence. Ms. Bagdasarova is a 2015 graduate, summa cum laude, of The Pennsylvania State University, The Dickinson School of Law.

Joseph Schaeffer is a shareholder in the Firm’s Litigation Group and Co-Chair of the Appellate Practice Group. He focuses his practice on environmental, energy, and complex commercial litigation and has tried these cases before environmental hearings boards, courts, and juries. Mr. Schaeffer also has an active appellate practice and has served as co-counsel or lead counsel in appellate matters before in Pennsylvania and West Virginia State Courts, the United States Courts of Appeals for the Third and Fourth Circuit, and the Supreme Court of the United States. He currently serves as the co-chair of the ABA Litigation Section’s Pretrial Practice & Discovery Committee and is the secretary of the Western District of Pennsylvania Chapter of the Federal Bar Association. Mr. Schaeffer volunteers with Neighborhood Legal Services’ Protection from Abuse Program in Allegheny County, Pennsylvania, and has provided pro bono representation to individuals and organizations, including a national voluntary bar association in amicus curiae filings in the Supreme Court of the United States.  He is a 2012 graduate, cum laude, of the University of Pittsburgh Law School.

 

Attorney Casey Coyle Designated as Next Chair of the Supreme Court’s Civil Procedural Rules Committee

Yesterday, the Pennsylvania Supreme Court designated Casey Coyle as the next Chair of the Supreme Court’s Civil Procedural Rules Committee, effective July 1, 2024. Established in 1937, the Civil Procedural Rules Committee is the oldest of the Supreme Court’s eight rules committees. The Civil Procedural Committee assists the Supreme Court in the preparation, revision, publication, and administration of the rules of civil procedure. This work includes the entire spectrum of civil matters in the Courts of Common Pleas except matters relating to Orphans’ Court and family court divisions of those courts.  Casey—who is one of 13 members who currently serve on the Committee—concentrates his practice on complex commercial litigation and appellate law. He is a former law clerk to Chief Justice Emeritus Thomas G. Saylor of the Pennsylvania Supreme Court.

To view the Court’s Order, click here.

Babst Calland Names Buchman, Bytner and Castello Shareholders

Babst Calland recently named Gina Falaschi Buchman, Timothy S. Bytner and Carla M. Castello shareholders in the Firm.

Gina Falaschi Buchman focuses her practice on environmental regulatory matters arising under the Clean Air Act. Ms. Buchman provides advice to clients in the energy, transportation, and technology sectors regarding compliance with state and federal environmental regulations. She has assisted companies with disclosure of regulatory violations to state and federal agencies and has counseled clients in negotiations with the U.S. Department of Justice, U.S. EPA, and California Air Resources Board. In addition to counseling on compliance issues, Ms. Buchman has worked with technology and energy companies in developing new projects and has advised clients on regulatory issues arising from joint ventures, mergers, and acquisitions. She has also advised clients regarding aftermarket parts and vehicle tampering enforcement. Ms. Buchman has litigated cases in federal court, represented clients in administrative cases before various federal agencies, and has experience with administrative rule challenges before the U.S. Courts of Appeals for the District of Columbia Circuit and Third Circuit. Ms. Buchman is admitted to practice in the District of Columbia, California, U.S. Court of Appeals for the District of Columbia Circuit, U.S. Court of Appeals for the Third Circuit, and U.S. District Court for the Eastern District of California. Ms. Buchman has litigated cases in federal court, represented clients in administrative cases before various federal agencies, and has experience with administrative rule challenges before the U.S. Courts of Appeals for the District of Columbia Circuit and Third Circuit. Ms. Buchman earned her J.D. from Georgetown University Law Center and her A.B. from Georgetown University.

Timothy Bytner focuses his practice primarily on federal and state environmental regulation and litigation. A significant portion of his practice is spent advising clients on matters involving the remediation and reuse of contaminated properties under both state and federal jurisdiction, including counseling clients on Pennsylvania’s Act 2 Land Recycling and Environmental Remediation Standards Act. He has counseled clients on a variety of matters involving storage tank jurisdictional issues and compliance under Pennsylvania’s Storage Tank Program. Mr. Bytner has also counseled clients in environmental compliance issues involving the Clean Air Act, Clean Water Act, RCRA, EPCRA, CERCLA, and a wide variety of state regulatory issues. He regularly handles wetlands, stream encroachment, and stormwater issues associated with site development. In addition, Mr. Bytner has experience in matters involving environmental emergency response and the Spill Prevention, Control, and Countermeasure Rule, the Facility Response Rule, and various state planning requirements. Mr. Bytner is a member of the Allegheny County, Pennsylvania and American Bar associations. Mr. Bytner received his J.D. from the Duquesne University School of Law, and a B.S. in Biology from the University of Pittsburgh at Johnstown.

Carla Castello has a broad range of litigation experience in several practice areas including commercial, labor and employment, consumer protection, antitrust, energy, and toxic tort. Her experience includes assisting corporate clients in defending a variety of matters, including environmental and toxic tort disputes, commercial contract disputes regarding the manufacture, design, installation and testing of large industrial equipment, and conflicts between shareholders in closely-held businesses. Ms. Castello has experience in all stages of litigation, including complex commercial and class action litigation involving extensive electronic and foreign language discovery. She has represented clients in various federal and state courts and before single and three-judge arbitration panels. Ms. Castello is admitted to practice in Pennsylvania, the District of Columbia and Virginia, as well as before the United States District Courts for the Eastern District of Virginia, the Western District of Virginia, and the Western District of Pennsylvania and the United States Court of Appeals for the Third Circuit. She is a member of the Allegheny County, Virginia, District of Columbia, and American Bar associations. Ms. Castello graduated from the University of Maryland with a B.A. in Economics and received her J.D. from the George Washington University Law School.

Babst Calland Ranked in 2024 Best Law Firms®

Babst Calland has been recognized in the 2024 edition of Best Law Firms®, ranked by Best Lawyers®, nationally in 8 practice areas and regionally in 31 practice areas:

  • National Tier 1
    • Environmental Law
    • Litigation – Environmental
  • National Tier 2
    • Land Use & Zoning Law
    • Natural Resources Law
    • Oil & Gas Law
  • National Tier 3
    • Energy Law
    • Litigation – Construction
    • Mining Law
  • Regional Tier 1
    • Pittsburgh
      • Bet-the-Company Litigation
      • Commercial Litigation
      • Construction Law
      • Corporate Law
      • Energy Law
      • Environmental Law
      • Information Technology Law
      • Land Use & Zoning Law
      • Litigation – Construction
      • Litigation – Environmental
      • Litigation – Land Use & Zoning
      • Municipal Law
      • Natural Resources Law
      • Water Law
    • Charleston-WV
      • Commercial Litigation
      • Energy Law
      • Environmental Law
      • Litigation – Environmental
      • Oil & Gas Law
  • Regional Tier 2
    • Pittsburgh
      • Admiralty & Maritime Law
      • Labor Law – Management
    • Charleston-WV
      • Mining Law
      • Natural Resources Law
    • Washington, D.C.
      • Energy Law
      • Environmental Law
      • Litigation – Environmental
      • Oil & Gas Law
  • Regional Tier 3
    • Pittsburgh
      • Mergers & Acquisitions Law
    • Charleston-WV
      • Bet-the-Company Litigation
      • Litigation – ERISA
      • Real Estate Law

Firms included in the 2024 Best Law Firms® list are recognized for professional excellence with persistently impressive ratings from clients and peers. To be considered for this milestone achievement, at least one lawyer in the law firm must be recognized in the 2024 edition of The Best Lawyers in America®.

Achieving a tiered ranking in Best Law Firms® on a national and/or metropolitan scale signals a unique credibility within the industry. The transparent, collaborative research process employs qualitative and quantitative data from peer and client reviews that is supported by proprietary algorithmic technology to produce a tiered system of industry-led rankings of the top 4% of the industry.

Receiving a tier designation represents an elite status, integrity and reputation that law firms earn among other leading firms and lawyers. The 2024 edition of  Best Law Firms® includes rankings in 75 national practice areas and 127 metropolitan-based practice areas. Additionally, one “Law Firm of the Year” was named in each nationally ranked practice area.

Click here to view Babst Calland’s profile.

Babst Calland Opens Harrisburg Office

Babst Calland today announced the opening of its office in Harrisburg, Pa., and the addition of two experienced litigation attorneys, Michael Libuser and Stefanie Pitcavage Mekilo.

Led by Shareholder Casey Alan Coyle, who joined the firm in August 2022, the Harrisburg office provides legal counsel for local, regional, and national businesses, industry sectors, and trade associations with focused practices in litigation, energy and natural resources, environmental, and legislative and regulatory affairs, among others.

The Harrisburg team of attorneys offers deep litigation experience in matters pending before state and federal appellate courts, with a particular emphasis on appeals before the Pennsylvania Supreme Court. They also represent clients in disputes pending before the U.S. District Court for the Middle District of Pennsylvania and state trial courts throughout Central Pennsylvania and matters brought before the Pennsylvania Commonwealth Court as part of its original jurisdiction.

“It is an exciting time for Michael and Stefanie to join Babst Calland and open a new office in Harrisburg,” said Mr. Coyle. “The Harrisburg office is uniquely poised to offer its clients the best of both worlds—pairing the service and pricing of a litigation boutique with the deep-bench expertise and resources of a law firm with more than 35 years of experience serving clients ranging from Fortune 100 companies to small and mid-sized businesses nationwide.”

Mr. Libuser represents clients in state and federal trial and appellate courts, with a particular emphasis on cases before the United States District Court for the Middle District of Pennsylvania. He served as a law clerk to the Honorable Yvette Kane, Senior United States District Judge for the Middle District of Pennsylvania, where he drafted opinions for the Third and Ninth Circuit Courts of Appeals and handled a wide range of district court matters involving complex civil litigation, commercial contracts, administrative law, trade secrets, and various statutory claims. Before that, he served as a law clerk to the Honorable Karoline Mehalchick, Chief United States Magistrate Judge for the Middle District of Pennsylvania, and previously served as the Principal Law Clerk to the Honorable Jeanette Rodriguez-Morick, an Acting Supreme Court Justice and Judge of the New York State Court of Claims.

Mr. Libuser earned his J.D. from Benjamin N. Cardozo School of Law in 2012. He graduated with honors from Stony Brook University in 2006.

Ms. Mekilo is a civil litigator who concentrates her practice in state and federal trial courts, with particular emphasis on cases before the U.S. District Court for the Middle District of Pennsylvania. Ms. Mekilo draws on more than a decade of trial-court experience in the federal judiciary to guide clients through all aspects of the litigation process. She focuses her practice on complex commercial disputes involving theft of trade secrets; breach of noncompete and nonsolicitation agreements and other restrictive covenants; breach of fiduciary duties, tortious interference, and related business tort claims; labor and employment; and emergency injunction litigation. Ms. Mekilo also has experience in antitrust, environmental, securities, trademark infringement, product liability, class action, and multidistrict litigation. Prior to joining Babst Calland, Ms. Mekilo served as a judicial law clerk in the United States District Court for the Middle District of Pennsylvania for 12 years—first as a term law clerk to Judge John E. Jones III, then as the managing law clerk to Judge Christopher C. Conner.

Ms. Mekilo received her J.D. from Widener University Commonwealth Law School in 2011, graduating summa cum laude at the top of her class. She earned her B.A. in Business Administration from Bloomsburg University of Pennsylvania in 2008. Ms. Mekilo is an active member of the greater Harrisburg community. She currently serves as Secretary of the Middle District Chapter of the Federal Bar Association, as well as Vice President and President-Elect of the Junior Board of the YWCA of Greater Harrisburg.

Commenting on these moves and the opening of the Harrisburg office, Managing Shareholder Donald C. Bluedorn II said, “We are very pleased to welcome this fine team of attorneys to Babst Calland and are thrilled to open a new office in Harrisburg to work collaboratively across our other offices to serve the needs of existing and new clients in the region.”

Christopher Etheredge Joins Babst Calland

Christopher S. Etheredge recently joined Babst Calland as an associate in the Litigation Group. Mr. Etheredge has a wealth of experience representing clients in a wide variety of high-stakes litigation and appellate matters involving state and local governments, elected and appointed government officials, complex energy and business litigation, class actions, product and premises liability, medical malpractice, and criminal defense. Recently, he served as counsel to the West Virginia House of Delegates during consecutive legislative sessions, where he drafted and presented legislation to the House Committees on Judiciary, Government Organization, Workforce Development, and Technology and Infrastructure, and regularly counseled House leadership during floor sessions.

Prior to joining Babst Calland, Mr. Etheredge was an associate with Steptoe & Johnson PLLC. He is a 2020 graduate of Washington and Lee University School of Law.

Mychal Schulz Named “Attorney of the Year” by DTCWV

Shareholder Mychal Schulz was named “Attorney of the Year” by the Defense Trial Counsel of West Virginia (DTCWV) at its 41st Annual Meeting on June 19, 2023.  DTCWV provides a cohesive network of West Virginia attorneys who defend individuals and corporations in civil litigation.  Formed in 1981, DTCWV currently has a membership of more than 500 attorneys.

12 Attorneys Ranked in the 2023 Chambers USA Guide

The Chambers USA guide and legal rankings cover practice areas in all 50 states, Washington, DC and at nationwide level and identifies the best practice groups and lawyers working across the US legal market.

Pennsylvania – Environment
Chester R. Babst III
Donald C. Bluedorn II
Dean A. Calland
Kevin J. Garber
Lindsay P. Howard

Pennsylvania – Construction
Marc J. Felezzola
David E. White

Pennsylvania – Litigation: Mediators
Mark D. Shepard

West Virginia – Environment
Christopher B. “Kip” Power
Robert M. Stonestreet

West Virginia – Litigation: General Commercial
Timothy M. Miller

West Virginia – Energy & Natural Resources
Timothy M. Miller
Robert M. Stonestreet

District of Columbia – Environment
Sloane Anders Wildman

Erin Hamilton Joins Babst Calland as Shareholder

Erin Lucas Hamilton recently joined Babst Calland as a shareholder in the Litigation Group. Ms. Hamilton’s experience spans a wide variety of industries, including energy and natural resources, aviation, engineering, construction, manufacturing, technology, professional sports, banking, insurance and financial services. Her practice involves litigating complex commercial disputes in all phases from initial pleadings through trial and appeal. Ms. Hamilton also provides legal counsel on best business practices, employment matters, risk mitigation and legal and regulatory compliance.

Prior to joining Babst Calland, Ms. Hamilton was a shareholder with Buchanan Ingersoll & Rooney PC. She is a 2004 graduate of Notre Dame Law School.

Benjamin Kift Joins Babst Calland

Benjamin A. Kift recently joined Babst Calland as an associate in the Construction and Litigation groups. Mr. Kift focuses his practice on complex construction and commercial litigation matters. He represents contractors, subcontractors, owners, developers, design professionals, and construction companies in a broad range of matters arising from complex construction and development projects. Mr. Kift has extensive experience with Pennsylvania’s Mechanics’ Lien Law, and routinely prosecutes and defends lien claims. He also represents clients in breach of contract claims and payment disputes, and regularly appears before Pennsylvania state and federal courts. Additionally, he advises clients in the review, drafting, and negotiation of construction contracts.

Prior to joining Babst Calland, Mr. Kift was an associate with The Lynch Law Group LLC. He is a 2017 graduate of Duquesne University School of Law.

Christina Manfredi McKinley Selected by The Legal Intelligencer as a “2023 Lawyer on the Fast Track”

Christina Manfredi McKinley, a shareholder in Babst Calland’s Litigation, Energy & Natural Resources, and Environmental groups, was selected by The Legal Intelligencer as a “2023 Lawyer on the Fast Track” in Pennsylvania.

A graduate of The Catholic University of America Columbus School of Law, Ms. McKinley continually strives to provide business-oriented solutions to her clients and routinely serves as a general advisor, counseling clients on day-to-day legal and business matters on any number of issues. Her business-focused, proactive approach to problem-solving allows her to provide solutions to clients in a variety of industries. Her experience spans a wide range of industries, including manufacturing, retail, energy, chemicals, and environmental.

As a litigator who focuses on complex commercial matters, Ms. McKinley’s trial practice encompasses all phases of litigation, from early alternative dispute resolution through post-trial motions. She has concentrated experience in complex purchase agreement and commercial contracts disputes, protection of competitive interests (e.g., Lanham Act, unfair competition, tortious interference, trade secret protection, restrictive covenants), technology disputes (e.g., software services and license agreements), and corporate governance.

The Legal Intelligencer asked the Pennsylvania legal community to submit nominations for the annual Lawyers on the Fast Track honors. After reviewing their results, a six-member judging panel composed of evaluators from all corners of the legal profession and the state selected 29 attorneys as the 2023 Lawyers on the Fast Track. This recognition is only given to attorneys under the age of 40 who have demonstrated excellence in four categories: development of the law; advocacy and community contributions; service to the bar; and peer and public recognition.

Mychal Schulz selected to The Center for Law and Public Policy’s State Legislation and Rules Task Force

Attorney Mychal Schulz was selected to The DRI Center for Law and Public Policy’s newly formed State Legislation and Rules Task Force.

State and local defense organizations (SLDOs) facing potential legislation or rules likely to impact their members can seek support from the task force.

In the past year, The Center, at the request of DANY, offered comments that led to a veto in New York of changes to its wrongful death statute; submitted comments supporting positions taken by DTCWV on proposed changes to the West Virginia civil rules; and assisted ADC with a search for legislation in other states similar to a proposed bill in California to outlaw agreements to limit disclosure of discovery material about products posing danger to health or safety.

The Center’s State Legislation and Rules Task Force will provide similar support to SLDOs in the following ways:

    1. By assisting, upon request, SLDOs interested in evaluating, supporting, or opposing potential legislation or rules affecting their members and clients through

a. Sharing information about the issue from other jurisdictions;
b. Alerting other SLDOs of such issues and soliciting their advice;
c. Supporting SLDOs by providing comments favorable to the SLDO’s position;
d. Spreading word of critical developments with all SLDOs, a sort of early warning system; or

    2. By supporting SLDOs interested in promoting legislation or rules adopted in other jurisdictions, such as the likely changes occurring later this year to FRE 702.

Read more.

Eric Spada Joins Babst Calland

Eric M. Spada recently joined Babst Calland as senior counsel in the Litigation Group. Mr. Spada’s practice focuses primarily on commercial litigation. He has represented a diverse array of clients in a variety of cases in state and federal courts in Pennsylvania, Ohio, West Virginia, and Florida, and also in commercial and construction arbitrations. Mr. Spada has also practiced in front of real estate tax assessment and appeal boards and state and federal ALJs. His litigation experience includes matters relating to construction, real estate, energy and natural resources, tax assessments and tax exemptions, and financial services. He has also successfully litigated cases concerning closely-held business disputes, franchising, civil identity theft, and insurance fraud issues. Mr. Spada also has extensive experience in the e-Discovery space.

Prior to joining Babst Calland, Mr. Spada was an associate with Buchanan Ingersoll & Rooney PC. He is a 2008 graduate of George Washington University Law School.

Top