About Kirk Hartley

 

 

 

 

 

 

 

 

Since becoming a lawyer in 1983, Kirk’s over 30 years of practice have focused on advising a wide range of corporations, associations, and individuals (as both plaintiffs and defendants) on both tort and commercial law issues centered around “mass torts.” The overall result is that Kirk is deeply familiar with the growing and changing intersections between tort law, corporate law, insurance, and science, as well as the increasing use of bankruptcies, schemes of arrangement and trusts (or funds) to resolve or limit underlying contingent liability claims

Kirk’s  career has included:

  • defending  asbestos and other product liability claims for manufacturers (but never for insurers)
  • insurance coverage litigation for insured policyholders
  • representation of creditors in mass tort Chapter 11 cases
  • multiple inter-corporate battles regarding rights and financial allocations of “shared” insurance , fiduciary duties, product recall obligations, tort resolution trusts, fraudulent conveyances, and indemnification and subrogation rights and obligations
  • pro bono work for individuals denied health insurance benefits for treatments for cancer or other chronic diseases
  • unpaid board member service for TriageCancer, a not for profit focused on creating and spreading knowledge (navigation services) for professionals and patients in the cancer community

Kirk’s experiences and breadth of vision are unique because he is perhaps the only lawyer who has negotiated and taken to judgment so many cases involving different types of “mass tort” issues.  The lawsuits and arbitrations taken to judgment include underlying tort claims, insurance coverage claims, class certification rulings, tort litigation trust issues, as well as judgments on indemnification rights and obligations, civil and criminal liabilities for prior manufacturing and waste disposal operations, government cost recovery claims, fraudulent conveyances, and Chapter 11 issues for creditors with claims related to bankruptcies driven by mass torts.  Kirk has served clients in venues ranging from Delaware Chancery to Madison County, Illinois to federal courts around the country, and in various private arbitrations and overseas claims.

Kirk created LSP Group LLC in June 2011 to continue and focus his work on “mass tort” and related issues involving law, science and policy.  Kirk’s immediate prior practice focused on representing policyholders against insurers for a national insurance coverage boutique (Childress Duffy).  Kirk also enjoyed many years as a partner in a national law firm (Katten Muchin Rosenman- 16 years, 10 as partner) and then a litigation boutique (Butler Rubin Saltarelli & Boyd – 10 years as a partner).  Those years included representing both public companies and private entities in mass tort issues, as well as litigation and negotiation of traditional commercial issues.

While creating LSP in June 2011, Kirk also joined a highly regarded national consulting firm known as Gnarus Advisors LLC.  The Gnarus firm is focused on economic issues, and includes an unmatched group of individuals deeply focused on environmental and mass tort issues.  The Gnarus team includes multiple Ph.D.s, and gathers together a group with valuable depth of experience and knowledge, including both formal and practical education.

Disclosure – Kirk invests in biotech stocks, and some of the companies make money selling drugs and other services for chronic diseases. Also, persons dear to Kirk (and friends of friends) have been struck by cancers and other chronic diseases, and far too many have seen their problems materially worsened by health insurers refusing to pay for needed services, drugs or procedures.