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Eric Rothenberg

Partner


Eric B. Rothenberg is a partner in O’Melveny’s New York office and directs the Environmental Practice.  He represents business and financial institutions in a broad range of adversarial environmental matters, including superfund proceedings, toxic tort claims and private cost recovery actions. 

Drawing upon prior experience as a graduate-degree environmental engineer, Eric directs diligence and documentation of transactions, financings and reorganizations involving industrial and commercial properties.  He also serves as lead counsel and court-appointed allocation counsel at National Priorities List superfund sites.  He is a frequent speaker and author of numerous publications including current U.S. and International Environmental Law summaries for the PLI Corporate Legal Counsel series.  He is recognized by Chambers USA, Best Lawyers in America, Super Lawyers, and International Who’s Who as one of the leading US environmental lawyers.  Eric is a member of the 2011 Environmental Law360 editorial advisory board.

Illustrative Professional Experience

Transactional Matters:

  • American Capital Strategies Ltd. in its acquisition of Axygen, Inc.
  • Apollo Management, L.P. in its $1 billion investment in Norwegian Cruise Lines Corporation Ltd.
  • Apollo Management, L.P. in its bid for Taminco chemical company, the world's largest producer of amines and derivatives, and related diligence
  • Apollo Management, L.P. in its $1.15 billion acquisition of Xstrata Aluminum
  • Apollo Management, L.P. in its acquisition of International Paper Company’s fine paper business
  • Apollo Management, L.P. in its $1.825 billion acquisition of Rexnord and $1.25 billion acquisition of Jacuzzi Brands, Inc.
  • Apollo Management, L.P. in its $3.8 billion acquisition of the plastics, resins, silicones and quartz (Advanced Materials) division of General Electric Co.
  • Apollo Management, L.P. in its $1.48 billion acquisition of the business and assets of the logistics division of TNT N.V., the Dutch parent company of TNT Logistics North America (now CEVA)
  • Apollo Management, L.P. in its acquisition of, and $1.85 billion secured load and high yield note and bridge financing in connection with its acquisition, of Berry Plastics
  • Apollo Management, L.P. and portfolio companies Borden Chemical, Inc. Resolution Performance Products LLC and Resolution Specialty Materials LLC in its formation of Hexion Specialty Chemicals, Inc. and subsequent tuck-in acquisitions of specialty chemical businesses of Akzo, Eastman, Orica, Rhodia and Reutgers
  • Apollo Management, L.P. and the Texas Pacific Group LLC in their $15.1 billion acquisition of Harrah’s Entertainment Inc.
  • Apollo Management, L.P. in its investment in two subsidiaries of Welspun Group
  • Caxton-Iseman Capital Corp. in its acquisition of specialty packaging company IntraPac, and related diligence
  • Elementis in its acquisition of Deuchem
  • Francisco Partners in its investment in Data Connection Limited
  • International Game Technology in its acquisition of Cyberview Technology, Inc.
  • Kohlberg & Company, L.L.C. in its acquisition of SM&P Utility Resources, Inc. and Central Locating Service, Ltd.
  • Palladium Equity Partners in its acquisition of American Gilsonite Co.
  • QSA Holdings Ltd., a portfolio company of Coller Capital Ltd, in the sale of its wholly-owned subsidiary, QSA Global Inc., to an undisclosed purchaser
  • TCW Global Project Fund II, Ltd. in its investment in a hydroelectric power plant to be constructed in Puebla, Mexico
  • TCW Group in the merger of GSC Acquisition Company with Complete Energy

Professional Activities

Admitted, New York, Missouri
Admitted to Practice, U.S. Supreme Court
Member, American Bar Association; The Bar of the City of New York; American Industrial Hygiene Association
Author, "Specific Corporate Compliance Challenges By Practice Area: Environment," Corporate Compliance Practice Guide: The Next Generation (Lexis Nexis, August 2009); "Latest Developments in International Maritime Environmental Regulation," The Tulane Maritime Law Journal (winter ed., 2008); "The Greening of Older Buildings," New York Law Journal (September 29, 2008); International Environmental Law," International Corporate Practice: A Practitioner's Guide To Global Success (PLI, 2nd ed., 2008); “Successfully Minimizing Risk” in Environmental Law Deal Strategies (Aspatore Books 2008); “Exploring the Carbon Trading Landscape,” New York Law Journal (July 16, 2007); “USEPA and State Brownfield Programs,” RTM/BNA Contaminated Property Transaction Symposium, Washington DC (April 11-12, 2007); "Overview of Environmental Law," Corporate Legal Departments (PLI, 6th ed., 2006); “Overview of Environmental Law,” Westchester/Fairfield County ACCA Mergers and Acquisitions Conference (Sept. 22, 2005); “Federal and State Superfund Laws Affecting Business and Financial Transaction,” New York State Bar Association Annual Environmental Conference (July 2005)
Editor, “Environmental Risk Management: A Desk Reference,” Risk Management Technologies, Inc., 2d ed. (1998)
Research Assistant Professor, Harvard University School of Public Health, 1976
Awards, PLC Cross-border Environmental Handbook - Recommended in Environment: Corporate Section in NY (2009/2010 and 2008/2009); Chambers USA - America's Leading Lawyers for Business (2011, 2010, 2009, and 2008); The Best Lawyers in America (2010, 2009, and 2008 editions); Corporate Counsel "Top Lawyer" (2008); International Who’s Who of Business Lawyers (2011, 2010, 2009, 2008, 2007, and 2006 Editions); International Who's Who of Environmental Lawyers (2011, 2009); Named a "Super Lawyer" in a survey conducted by Law & Politics Media Inc. and published in New York Times magazine (2011, 2010, 2009, 2007); Super Lawyers, Corporate Counsel Edition (2010) - Recognized in the Environmental Litigation Section; Recognized as one of the New York Area's Top Lawyers by New York Magazine (2009, 2011)  

Northeastern University, J.D., 1981

Harvard University School of Public Health, M.S., 1976

Harvard University, A.B., 1975: magna cum laude


New York; Missouri

Recent Developments in Maritime Environmental Law Jan 2012 (Energy, Natural Resources, and Environment)

Environmental Law (PLI: Corporate Legal Departments, November 2011)

Recent Developments in Maritime Environmental Law Nov 2011 (Energy, Natural Resources, and Environment)

New York State Proposes Hydraulic Fracturing Rules (Energy, Natural Resources, and Environment)

Japan Passes Renewable Energy Law (Energy, Natural Resources, and Environment)

IMO’s Environmental Committee Approves Several New Requirements (Energy, Natural Resources, and Environment)

California Air Board Expands Clean-Fuel Shipping Zone/EPA Steps Up Enforcement (Energy, Natural Resources and Environment, March 2011)

Federal Trade Commission Issues Guidance/Steps up Enforcement Efforts on Green Claims (Energy, Natural Resources and Environment, March 2011)

Specific Corporate Compliance Challenges by Practice Area: Environment (Lexis Nexis, 2010)

Kerry and Lieberman Present Much-Anticipated Climate Bill (Environmental Law and Natural Resources Alert)

International Maritime Organization Approves Emission Limits for Ships Operating in North American Coastal Waters (Environmental Law and Natural Resources Alert)

EPA Tailoring Rule Implementation to be Delayed Until 2011 (Environmental Law and Natural Resources Alert)

EPA Provides Details of Plans for Greenhouse Gas Regulation (Environmental Law and Natural Resources Alert)

SEC Publishes Interpretive Guidance on Climate Change Disclosure (Corporate Finance Alert)

EPA's Proposed Tailoring Rule — Another Significant Step Toward Regulating Climate Change Under The Clean Air Act (Environmental Law and Natural Resources Alert)

Second Circuit Revives Climate Change Public Nuisance Lawsuit Against Electric Power Companies (Environmental Law and Natural Resources Alert)

China Passes Resolution on Climate Change (Environmental Law and Natural Resources Alert)

Highlights from IMO’s Marine Environment Protection Committee Meetings - July 2009 (Environmental Law and Natural Resources Alert)

EPA and California Reduce Allowable Emissions from Large Ships (Environmental Law and Natural Resources Alert)

Q&A With O'Melveny & Myers' Eric Rothenberg (Law360, June 8, 2009)

In Burlington Northern, U.S. Supreme Court Upholds Apportionment Defense to Joint and Several Liability/Reaffirms “Useful Product” Defense Under Federal Superfund Law (Environmental Law and Natural Resources Alert)

Latest Developments in International Maritime Environmental Regulation (Originally published in Vol. 33 TUL.MAR. L.J. p. 137-163 (2008))

Exploring the Carbon Trading Landscape (New York Law Journal, July 16, 2007)

Stimulus Bill Provides Boost to Environmental Programs (Environmental Law and Natural Resources Alert)

EPA Begins Regulation of Maritime Discharges (Environmental Law and Natural Resources Alert)

EPA Implements Audit Policy for New Owners (Environmental Law and Natural Resources Alert)

Public Company Climate Change Disclosure Developments (Environmental Law and Natural Resources Alert)

Global Developments in Consumer Products Regulation (Environmental Law and Natural Resources Alert)