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Recently, as I prepared to co-present on the topic “Ask the Trial Experts” during an upcoming DRI seminar, I wondered what types of questions we would encounter on this subject.  After giving it much thought, I suspected that a theme would emerge: instead of discussing our “wins” and favorable “war stories,” I suspected that we would discuss the unexpected issues that arose in trials in ways that we had not envisioned during the original trial prep. So expecting some   terrific questions from the audience, I thought that it would be helpful if I jotted down a few rules of the road that I follow when things don’t go quite as expected to share with the seminar attendees. I offer them here as well as we conclude this year and prepare for the next. I will add the caveat that these rule don’t always work! 

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Becoming certified as a minority business, woman owned business, or disadvantaged business enterprise through various agencies on the federal, state and local levels has many advantages.  Once a business obtains certification, the benefits to both the business and the business owners include preferential consideration for federal, state and local contracts; funding opportunities through grants and loans; marketing programs; and business development programs.  Although the benefits to obtaining certification are apparent, the certification process is detailed and requires careful consideration and attention to detail.  Below is a discussion of the various types of certification and the organizations that offer certification, as well as an overview of the certification process and the supporting documentation required for a business owner’s application for certification.

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CERCLA Section 114(b) prohibits the double recovery of environmental response and cleanup costs by a Potentially Responsible Party (“PRP”).[1]  Yet, PRPs that pay cleanup costs and are reimbursed for such costs – for instance with insurance proceeds – may also attempt to recover from a Co-PRP under CERCLA.

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