Cary Perlman's practice focuses on litigation, with an emphasis on environmental litigation and other complex cases. His experience includes litigation involving contaminated sites, citizen suits, the Clean Air Act, the Clean Water Act, the Oil Pollution Act, RCRA, toxic torts, and white collar environmental crime. Mr. Perlman also litigates commercial disputes, class actions, derivative actions, and securities cases. He focuses on matters involving complex regulatory programs, complex issues of causation and/or damages, and complex expert testimony.
Mr. Perlman is the former chair of Latham & Watkins' Chicago Environment, Land & Resources Department. He works with the firm's corporate and finance departments to provide counsel on the environmental and regulatory aspects of transactions and development projects.
Mr. Perlman speaks on both litigation and environmental topics at conferences sponsored by the American Bar Association (ABA) and others. He served as the general editor for the ABA publication Environmental Litigation: Law and Strategy, published in May 2009.
Mr. Perlman is a member of the ABA Section on Environment, Energy, and Resources, as well as the Environmental Law Institute. He joined Latham in 1988, following a clerkship with United States district judge Robert E. Keeton.
Mr. Perlman's experience includes the following:
- Defended more than 50 government enforcement actions involving both civil and criminal matters, and related to government contracts, securities, the Clean Air Act, the Clean Water Act, EPCRA, fraud, false statements, and false claims
- Currently defending a client in an SEC enforcement action in federal court, as well as a 10b-5 securities case and shareholder derivative actions arising out of the company's alleged misstatements concerning a diesel engine emission compliance strategy
- Currently defending eighteen putative class actions alleging defects in heavy-duty diesel engines
- In 2013, settled a common law claim for indemnity related to costs incurred by Latham's client for a safety recall; the eight-figure settlement was secured one week before trial
- In 2011, tried three cases to verdict, including a section 1983 claim in federal court, a breach of contract and fraud claim in a AAA binding arbitration, and a breach of contract claim in state court
- In 2010-11, defended a series of putative class actions alleging defects in diesel engines incorporated into pickup trucks; Latham's client was voluntarily dismissed
- In 2009-10, represented a client in a 10b-5 securities case and a shareholder derivative action arising out of the company's restatement of financials. The 10b-5 action was settled favorably and the derivative action was dismissed
- In 2005, secured a summary judgment victory in a US$6.5 million CERCLA cost-recovery action on the grounds that none of the plaintiff's costs was necessary or consistent with the National Contingency Plan. In 2006, Mr. Perlman successfully defended that judgment in briefing and oral argument before the 6th Circuit
- In 2003, tried two cases to verdict on behalf of plaintiffs, resulting in awards of US$2.2 million and US$21.325 million. The former case involved claims of breach of warranty and fraud; the latter case involved condemnation of contaminated property adjacent to the Louisville, Kentucky Airport