Kathleen F. Carpenter

Kathleen Carpenter has a broad-based background in litigation, transactional and governmental advocacy matters. Her experience ranges from representing large publicly-held companies in high profile litigation and appellate matters to advising clients in all aspects of real estate and construction risk management, ranging from insurance, advertising and disclosures to on-line reputation management and cyber picketing. Ms. Carpenter also counsels clients in a broad spectrum of green building risk management matters, ranging from green/energy rating system selection, implementation of green building and solar initiatives, disclosures, and green advertising compliance. She is a frequent speaker and expert witness in the areas of real estate and construction and has represented many of the nations largest homebuilders, developers and general contractors in all phases of residential and commercial construction.

Ms. Carpenter also regularly acts as outside regional general counsel for both public and privately held companies, and has extensive expertise representing various industry trade groups in matters of regional and national significance. For over a decade, she has developed substantial experience in governmental affairs and legislative advocacy. She has also served as part of the lead negotiating team in connection with numerous tort reform efforts, and whose work has lead to sweeping tort reform in the areas of real estate, construction and attorney solicitation. She has provided expert testimony on several occasions before the California State Senate. Ms. Carpenter is a frequent national and regional lecturer, writer and expert witness. She also has substantial appellate experience acting as amicus in high profile cases involving indemnity, construction, insurance, real estate, admissibility of legislative intent and interpretation of California's recently enacted "Right to Repair Law."

Recent Work / Representative Matters

Real Estate and Construction Practice.

Experience in a wide variety of complex real estate and construction matters, ranging from disputes arising out of failed projects, breach of contract matters, green compliance and disclosure, acquisition and development agreements, joint venture and insurance coverage matters to large-scale construction defect litigation and high-profile toxic tort cases. Ms. Carpenter counsels clients in daily business matters including risk and crisis management, early dispute resolution strategies, drafting purchase and trade contracts and the counsel and training of new home sales and customer representatives. Ms. Carpenter also acts as a consultant to regional and national homebuilders and homebuilder trade groups on legislative reform efforts and other issues of national significance.

Media, E-Commerce Crisis Management.

Handled numerous high profile litigation and pre-litigation matters involving defect, product recall, company and/or executive blogosphere attacks, and coordinated the handling of crisis management plans while clients are under close scrutiny by the press, public agencies and existing and potential customers. Handled one of the first cases of defamation on the Internet, and developed a measured and sound strategy to respond early to an Internet reputation attack. Kathleen also specializes in countering mass solicitation efforts against both publicly held and privately held companies and is a frequent lecturer and author in this area. On the transactional side, Kathleen has expertise in web site terms and conditions, Internet advertising, sweepstakes and general online reputation management and counsel regarding the use of social networking sites.

Risk Management, Dispute Resolution.

Kathleen 's unique background in working in both litigation and transaction arenas provides a unique perspective in developing risk management plans. She assists clients in developing new and creative ways to reduce and manage risk. If risk allocation in project documentation and operational risk reduction strategies is overlooked, or not carefully analyzed, it can result in costly consequences. Kathleen has created advanced risk management legal programs designed to identify potential risks, establish effective means to minimize such risks through disclosures, contractual language, and risk allocation provisions, design and execute protective operational strategies, craft and implement dispute resolution strategies, and educate company personnel in a simple and straightforward method of implementing those practices. Kathleen currently Chairs the Risk Management Committee for the California Building Industry Association.

Governmental Affairs/Legislative Advocacy.

Over a decade of experience in national and statewide governmental affairs matters. She has also served as part of the lead negotiating team in connection with numerous tort reform efforts, and whose work has lead to sweeping tort reform. Kathleen was appointed to an advisory team of the Schwarzenegger transition team to advise on tort reform to help make California more “business friendly.” She has also appeared before regional and local boards and agencies in a variety of administrative matters. Ms. Carpenter has also given expert testimony on tort reform before the California State Senate.

Appellate Advocacy.

Over ten years of appellate experience, generally as amicus for industry trade associations, before the California Supreme Court and various Courts of Appeal. Representative published appellate cases include:

• Greystone Homes, Inc. v. Midtec, Inc., 168 Cal.App.4th 1194; Cal: Court of Appeals, 4th Dist., Div. 1 (2008).
• Crawford v. Weather Shield Mfg. Inc., 44 Cal.4th 541; Cal: Supreme Court 2008.
• Acosta v. Glenfed Development Corp., 28 Cal.Rptr.3d 92; Cal: Court of Appeal, 2nd Dist., Div. 3 (2005).
• Kaufman & Broad Communities, Inc. v. Performance Plastering, Inc., Cal: Court of Appeal, 3rd.
• Hicks v. Superior Court, 8 Cal.Rptr.3d 703; Cal: Court of Appeal, 2nd Dist., Div. 7 (2004).
• Jimenez v. Superior Court, 58 P.3d 450; Cal: Supreme Court (2002).

Notable Litigation Matters.

Lead counsel for several developer clients in the investigation, litigation and resolution of claims by homeowners, local and governmental agency claims arising out of the highly publicized appearance of mysterious “black ooze” in over a dozen subdivisions in Contra Costa County, while coordinating the crisis management team in the investigation and creation of a public blue ribbon task force to determine the cause and solution to the problem.

Defended developer in a $20 million property purchase on claims of breach of development agreement, unfair competition and interference with economic advantage.

Appointed counsel for several national homebuilders and regional and national homebuilder's associations in connection with several class action product liability cases.

Represented large California homebuilder in resolving dispute with an unauthorized third-party website consolidator who provided incorrect home sales prices to prospective homebuyers.

Prosecuted and defended insurance coverage claims and complex contractual indemnity claims on behalf of builders against subcontractors and their various insurance carriers.

Achieved a defense verdict in a federal case where the United States of America and the National Park Service sued 50 homeowners in Danville, CA, attempting to make public use of a private, rural back road leading to "Tao House," the historic former home of playwright Eugene O'Neill.

Defended major developer and achieved unprecedented multi-million dollar settlement against municipal water supplier involving 700 homeowner claims arising out of the highly publicized occurrence of "blue water" appearing in two major subdivisions, while coordinating investigation with a public task force.

Recovered large, improperly withheld retention on behalf of regional custom builder, in connection with the design and construction of an NBA sports figure's estate in Blackhawk, CA.

Memberships

Chair: California Building Industry Risk Management Task Force.

California State Bar.

National Home Builders Association and Home Builders Association of Northern California.

Building Industry Association of Southern California.

Contra Costa County Bar Association.

National Assn. of Record Industry Professionals.

The Grammy Foundation.

San Francisco Chapter American Bar Association and Sacramento Bar Association.

American Inns of Court.

American Fencing Association.

Habitat for Humanity.