DATE: August 8, 2017
SUBJECT:
Title
RESOLUTION AUTHORIZING GENERAL COUNSEL TO EXECUTE AMENDMENT AND ASSIGNMENT OF CONTINGENT LEGAL SERVICES AGREEMENT RELATED TO MONSANTO LITIGATION WITH JACKSON GILMOUR & DOBBS AND KELLEY DRYE & WARREN, AND AUTHORIZING GENERAL COUNSEL TO ENTER INTO A LEGAL SERVICES AGREEMENT WITH KELLEY DRYE & WARREN IN THE AMOUNT OF $250,000
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EXECUTIVE SUMMARY:
The Office of the General Counsel is responsible for providing legal advice and representation to the Board of Port Commissioners, the CEO and executive team, as well as all departments of the District. This includes defending the District in litigation and administrative proceedings, as well as advising the District on transactions, policies and other matters. In order to best represent the District, in addition to the in-house attorneys, the Office of the General Counsel sometimes utilizes the services of outside law firms to provide legal services in specific areas of law and to supplement the services of the in-house resources.
At the March 2015 Board of Port Commissioners (Board) meeting, the Board authorized the filing of a lawsuit against Monsanto Company, Solutia Inc., and Pharmacia Company (collectively, Monsanto) related to polychlorinated biphenyls (PCBs) in San Diego Bay. Subsequently, pursuant to Board authorization, the General Counsel's Office entered into Legal Services Agreement No. GC-15/16-4 (Agreement) with Jackson Gilmour & Dobbs, PC, (JGD) for legal services related to the District's lawsuit against Monsanto. Effective November 1, 2016, JGD combined its business with the law firm of Kelly Drye & Warren LLP (KDW). This agenda seeks Board authorization for the General Counsel to execute an assignment and amendment of the Agreement pursuant to which KDW will replace JGD under the Agreement for all purposes.
In addition, this agenda seeks Board authorization for the General Counsel to enter into a legal services agreement with KDW in the amount of $250...
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