phil goldberg Shook ESQ

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entine

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https://www.opensecrets.org/federal-lobbying/lobbyists/summary?cycle=2011&id=Y0000015602L

Lobbying Firm	Client
Shook, Hardy & Bacon	American Tort Reform Assn
Shook, Hardy & Bacon	National Restaurant Assn

January 2019

The National Association of Manufacturershired Phil Goldberg, managing partner of the Washington, D.C., office of Shook, Hardy & Bacon, as special counsel to help MAPfight against climate change lawsuits filed against oil companies. [18], [19]

Goldberg formerly worked as a lobbyist for the coal industry, and his law firm Shook, Hardy :{&:(style="box-sizing:border-box"):}: Bacon has a history of defending the tobacco industry. [20],[21]

Sharon Eubanks, a former Department of Justice lawyer who has worked on cases against the tobacco industry, compared MAP‘s fight of climate litigation suits to tobacco:

“It’s very similar what they’re doing, only the tobacco industry at least didn’t come right out and say ‘We’re going to target these lawsuits directly.’ They did so indirectly. But NAM and MAP, they’re like, ‘We’re targeting the lawsuits.’” [19]

yikes

https://theintercept.com/2019/09/06/exxon-mobil-progressive-policy-institute-climate/

kate a

PROGRESSIVE POLICY Institute, a centrist Democratic think tank that grew out of the party’s pro-business wing in the 1980s and ’90s, received $50,000 from Exxon Mobil in 2018 via its parent organization, the Third Way Foundation, according to the oil giant’s 2018 Worldwide Giving Report.

Exxon Mobil did not return The Intercept’s multiple requests for comment. In an email, PPI Executive Director Lindsay Lewis said the money was used for general support and that “we only accept general support funding from corporate interests, we do not do paid for work/research or have any donor run programs.”

Lewis also confirmed that this is the first time Exxon Mobil has donated to the Third Way Foundation.

Though it’s a first, PPI’s new donor isn’t so dramatic a shift from its fundraising record. The Intercept’s Akela Lacy has also found that PhRMA — the Pharmaceutical Research and Manufacturers of America — has annually donated between $25,000 and $75,000 to the Third Way Foundation since 2009, upping its donation to $265,000 in 2016 — the same year that Medicare for All, which the trade group and PPI both oppose, entered the national spotlight. Donations dipped back to normal levels in 2017, although documents were not yet available for 2018 when the piece was published in late April.

PhRMA Is Funding a Democratic Think Tank Trying to Derail Medicare for All

In the last couple years, Exxon has taken up softer messaging on climate than either the Koch brothers or the Mercer family. With business all over the world, Exxon — like every other multinational oil company — is well-accustomed to operating in environments where denying the reality of the climate emergency outright is politically unthinkable. As climate concerns spike around the U.S., the company is still plenty opposed to environmental regulations and the lawsuits being lobbed its way from climate-vulnerable communities and attorneys general, who are each calling into question Exxon’s rule in fueling both the climate crisis and misinformation campaigns about it. Rather than paying people to say that there’s no problem at all, it can rebrand as a good-faith actor in the climate fight with paeans to carbon capture technology, low-carbon fuels (algae!), and carbon taxes that also conveniently exempt it from some of the lawsuits and regulations it’s most worried about. The decades of climate denial Exxon helped fund — and now the Trump administration — have dragged the national debate on climate change so far into the gutter that there are influential liberals willing to give the company credit simply for not denying the science.

This all dovetails well with a centrist approach to climate politics that’s long sought common ground with industry and harbors both temperamental and ideological opposition to big, confrontational proposals like the Green New Deal. The upshot is that they’ve started to sound a lot alike. Carbon capture, R&D, and carbon pricing — while not mutually exclusive with the Green New Deal framework that the Sunrise Movement, Rep. Alexandria Ocasio-Cortez, and others have begun to flesh out — have reliably been wielded as a cudgel by establishment types against calls for more sweeping action.

Kert Davies, founder and director of the Climate Investigations Center, noted that the report indicates the money PPI received was through a “corporate” grant, rather than through the ExxonMobil Foundation. “We have never sussed how thesetwo black boxes of money are managed or dolled out. So if you grab the ExxonMobil Foundation 990s, there are sometimes different descriptions or breakdowns of the funding, but this grant won’t be there,” he wrote in an email. “There is no need for public accounting of such grants. No obligation. But they have seemed compelled to disclosed them through the years.”

Of course, $50,000 is not an enormous amount of money either for PPI or Exxon Mobil. But it may well signal a shift in the fossil fuel industry’s relationship to climate politics.

In March, [who?] Goldberg co-authored a reportfor the industry front group Grow America’s Infrastructure Now on how to bring legal action against anti-pipeline organizers. “Allowing vigilante regulation to go unchecked undermines our democracy. We honor civil protests in this country, but we should not have to accept improper efforts to overturn the rule of law,” Goldberg said in a press release. “People who violate the law by improperly interfering with legitimate business activities, even to advance a political or public policy preference, can be held accountable for their actions through civil litigation.” While not disclosed on the group’s website, GAIN spokesperson Craig Stevens is a partner at the DCI Group, which specializes in astroturf campaigns that have fought everything from anti-smoking laws to climate legislation.

From 2005 through 2016, Exxon Mobil was a DCI client. In another detail not mentioned on the GAIN site, the group’s strategic adviser is James “Spider” Marks, who as of 2017 was the advisory board chair of the security firm TigerSwan, which — as The Intercept has documented extensively — engaged in “military-style counterterrorism measures” against anti-pipeline protesters.

For years, Exxon Mobil prolifically funded climate denier groups like the Heartland Institute and Competitive Enterprise Institute. Under pressure, the company pledged to stop funding deniers in 2007, although it kept bankrolling politicians who deny the reality of the climate crisis.

Exxon also still support right-wing think tanks like the Manhattan Institute, which received $970,200 from Exxon between 2008 and 2018. As recently as 2011, MI Senior Fellow Robert Bryce said“the science is not settled” on climate change.Another MI Senior Fellow, Oren Cass, last year — the year after three of the five most expensive hurricanes to have ever hit the Atlantic — authored a**report**arguing that the potential costs of climate change are overblown, suggesting that many people prefer warmer temperatures and could adapt easily to global warming. In addition to Exxon, MI is — like other flagrant denier groups — funded by the Mercer Family Foundation; Rebekah Mercer, a key financier of Donald Trump’s 2016 campaign, runs the foundation and sits on the MI board. Exxon also continues to give large donations the U.S. Chamber of Commerce and remains a member of the American Petroleum Institute, each of which has fought hard against environmental regulations and climate measures. The oil company only left the Koch-funded American Legislative Exchange Council in 2017, four years after it pushedmodel legislation in Oklahoma, Colorado, and Arizona that described global warming as a “theory.”

Itai Vardi reported at DeSmog this summer that Phil Goldberg, director of PPI’s Center for Civil Justice, has come out swinging against climate lawsuits being brought by cities and states against fossil fuel companies. The law firm at which Goldberg is a partner — Shook, Hardy & Bacon — defended the tobacco industry for decades and was the i**nspiration**for the fictional firm Smoot, Hawking in the 2005 film “Thank You For Smoking.” As a slew of lawsuits has begun to call into question fossil fuel companies’ role in fueling and spreading misinformation about the climate crisis, the industry has stepped into high gear to fight off litigation.

Goldberg is a former lobbyist for the coal company Peabody Energywho was brought on as special counsel by the National Association of Manufacturers in January as part of its Manufacturers Accountability Project, founded in 2017 to take on “activist litigation” against big oil companies; Exxon Mobil is a NAM member, and the MAP project has been among the most active bodies fighting off climate-related legal action.Both Peabody and NAM have also donated generously to climate denial groups over the years.Both, for instance, were members of the now-defunct Global Climate Coalition, which through the 1990s sought to undermine U.N. climate negotiations and the Intergovernmental Panel on Climate Change. Goldberg has also been an adviser for ALEC’s Civil Justice Task Force. In addition to the model legislation on global warming, ALEC has vigorously opposed climate and clean energy legislation around the country.

Lewis said that Goldberg works with PPI in a volunteer capacity and is not employed by the Third Way Foundation, despite his lofty title. Evidently, he’s vocally defending fossil fuel companies out of the goodness of his heart.

Asked whether Goldberg’s positions on climate litigation were also PPI’s, Lewis replied, “PPI, which has long advocated for cap and trade, a carbon tax, and other polices to combat climate change, believes such policies should be made in representative legislatures, not the courts.” In short, yes.

Throughout the 2020 campaign cycle, PPI strategic adviser and Clinton White House insider Paul Bledsoe has commented frequently about the dangers of candidates being too hard on fossil fuels.“[Joe] Biden and other moderate candidates must emphasize that the market is already phasing out coal over time, but that their climate policies still allow a role for natural gas as a low-carbon transition fuel for some time,” he told the Washington Examiner in August. “This distinction is crucial to success in swing states like Pennsylvania, Ohio, and Michigan.” In a New York Times piece about Biden’s critics on the left, Bledsoe said, “Indulging in ideological purity is great until you actually want to solve the problem.”

“Happily,” he wrote in a February Forbesop-ed attacking the Green New Deal, “there is no need to eliminate fossil fuels in the next decade or require only renewable energy or guarantee public sector jobs to meet our climate goals.” We might never find out what Exxon Mobil’s money got up to at PPI last year. If its experts keep sounding like Bledsoe and Goldberg, though, it’ll probably keep coming.

https://www.motherjones.com/environment**/2022/03**/environmentalist-lawyer-fighting-protect-big-oil-litigation-astroturf-phil-goldberg-map/

NO lnx guk?

in the spring of 2019, Phil Goldberg, a lawyer and hired gun for a front organization serving some of America’s most powerful oil firms, spotted an opportunity to serve his masters.

The University of Hawaii was holding a conference about a wave of lawsuits against the oil industry, and Goldberg was alarmed the event failed to include representatives from the energy business. So the day before the symposium, he fired off an email to the university demanding that big oil be heard alongside its critics.

The event was to interrogate the oil industry’s decades-long cover-up involving the climate crisis. But a one-sided debate, Goldberg wrote, “does students and the general public a significant disservice.” He insisted the meeting be postponed.

Denise Antolini, associate dean at the university’s law school who organized the conference, said in her 23-year-career as a law professor, she had never received such demands. “Your request to disrupt our public event was quite surprising, especially coming from far across the continent, from someone I’ve never heard of, on behalf of a private client with an apparently direct financial interest in chilling debate about climate litigation,” she replied.

The conference went ahead, but Goldberg chalked up his intervention as a win. He had managed to pressure Antolini into reciting his objections to the conference in her opening statement. He also convinced the university to post his blogs on its website alongside a letter published by the Honolulu Star-Advertiser denouncing the meeting for daring to suggest there was a solid legal case against the oil companies.

Goldberg is part of a network of enablers working to preserve big oil’s power and reputation as it faces a barrage of litigation. More than two dozen cities, states and municipalities allege the industry lied to Americans for decades by downplaying and outright denying that fossil fuels caused climate change. The lawsuits demand companies use some of their vast profits to help pay for the human toll of the climate crisis, including the damage brought by rising seas and increasingly severe weather disasters.

Big Oil “has this ability to really take command of the societal narrative on a whole level that the tobacco industry just didn’t.”

Desperate to avoid costly settlements, the fossil fuel industry relies on front organizations to discredit the litigation and sway public opinion in its favor. So nearly three years ago, the friends of big oil turned to Goldberg, a former Democratic congressional aide and self-described “committed environmentalist,” HIPPIE CHICK to persuade Americans that the companies responsible for the growing climate disaster are now the ones to fix the problem.

Though Goldberg heads an ostensibly independent initiative called the Manufacturers Accountability Project, much of its funding comes from some of the biggest names in the oil business. MAP hired Goldberg to push back against litigation on the fossil fuel industry’s behalf,allowing oil companies to keep their hands clean in the process.

Goldberg is leading a charge in local media to discredit those suing the fossil fuel industry as a “fringe litigation movement” conspiracy of opportunistic politicians, environmental extremists, and money-grasping lawyers who pose a threat to the American way of life. // ENTINE

“There are two goals of this litigation—drive climate policy and wage a public relations campaign against the energy industry,” Goldberg told the Guardian. “It has no foundation legally and, more to the point, is not the right way to fight climate change.” LOMBORGIAN

Karen Sokol, a law professor at Loyola University who specializes in climate litigation, likens the strategy to that pursued by the tobacco industry when it faced litigation over what it knew about cigarettes causing lung cancer. But, she said, the strategy may prove more successful for big oil.

“The fossil fuel industry has this ability to really take command of the societal narrative on a whole level that the tobacco industry just didn’t because, although we were definitely a cigarette culture for a time, not everybody was so dependent on cigarettes in the same way we are on fossil fuels,” she said.

Kert Davies, founder and director of Climate Investigations Center, is scathing about Goldberg’s part in that. “Phil Goldberg is a useful pawn on a much larger chessboard. If he doesn’t know that, it’s a shame,” Davies said. “If he does know his role, it’s worse.”

Outwardly, Goldberg seems an unusual bearer of the torch to snuff out climate lawsuits. The New Jersey-born lawyer characterizes himself as a “progressive, pro-environmentalist” with a long commitment to Democratic causes. With that, he has positioned himself as a voice of reason as he leads the fossil fuel industry’s campaign to distract Americans from the scene of the crime and embrace big oil as a necessity in the struggle to contain global heating.

But Goldberg is also a former coal lobbyist now working as an attorney for a Kansas City law firm—Shook, Hardy and Bacon—that made its name decades ago as the cigarette industry’s attack dog. The legal practice even gained public notoriety for inspiring the fictional law firm of Smoot, Hawking in the satirical book turned film, Thank You for Smoking.

“What a sad and disquieting chapter in the history of an honorable and often courageous profession.”

Shook, Hardy pioneered a strategy toward avoiding corporate accountability—a denial strategy the oil companies followed not many years later. Starting in the mid-80s, the firm convinced cigarette companies to shut down research into the dangers of nicotine, warning it could be used against them in court. It also hired specialists with advanced scientific degrees to cast doubt on the evidence that smoking causes lung cancer. The firm’s lawyers soon developed a reputation for probing the lives of people who dared to sue the tobacco firms and for using court procedure to draw out cases until plaintiffs ran out of funds.

All of this so disgusted one federaljudge, Gladys Kessler, that in a damning 2006 civil judgment against the cigarette makers she said Shook, Hardy and other firms played “an absolutely central role in the creation and perpetuation” of a 50-year campaign of deceit.

“They devised and coordinated both national and international strategy; they directed scientists as to what research they should and should not undertake; they vetted scientific research papers and reports as well as public relations materials to ensure that the interests of the (tobacco industry) would be protected,” she wrote. “What a sad and disquieting chapter in the history of an honorable and often courageous profession.”

The chapter cemented Shook, Hardy’s reputation for vigorously defending clients and drew other contentious industries to the firm. And since joining Shook, Hardy in 2003, Goldberg has lived up to its reputation for playing hardball.

Throughout his career, Goldberg has developed an expertise at combatting public accountability lawsuits on the behalf of many embattled corporate clients, includingcoal companies, the asbestos industry, and pharmaceutical companies accused of medical malpractice.

Goldberg has also advised the American Legislative Exchange Council on drafting laws to make it harder to sue big corporations.

Simultaneously over the last two decades, he has led a wing of the Democratic think tank, the Progressive Policy Institute, that works to protect corporations from lawsuits and to keep regulatory changes in the hands of politicians who can be influenced by industry money and lobbyists. Goldberg has also advised the right-wing American Legislative Exchange Council on drafting laws to make it harder to sue big corporations.

Goldberg’s current defense of the fossil-fuel industry is equally focused.He deflects questions about Big Oil’s cover-up of its own scientific research on global heating by claiming that raking over the past is not going to help find solutions to the climate crisis. He also avoids answering questions about parallels with the tobacco industry’s actions.

Instead, Goldberg has sought to nurture a progressive image with claims to be dedicated to the climate fight but concerned that suing oil companies is getting in the way of solutions. He goes out of his way to say that he “cares deeply about climate change” and, in his answers, returns repeatedly to “the important work that needs to be done on the climate.”

This image was carried through to the Guardian‘s photographs for this article, which Goldberg agreed to pose for only while riding his bicycle. He declined to remove his helmet for any of the pictures.

Today, Goldberg is at the face of a PR campaign to squash climate litigation against Big Oil. He calls his strategy the “iron triangle defense.” One side of the triangle is dedicated toward shaping the public narrative, the second is for pressuring legislatures to write laws that discourage corporate accountability litigation, and the third side influences the judicial process with amicus briefs in cases that might have a bearing on those lawsuits.

A key part of the iron triangle strategy is that its beneficiaries should not be seen as the ones who are pulling the strings. Corporations fighting legal battles learned long ago that Americans are not particularly trustful of executives in suits. So major industries seek to influence public opinion and political action by funding front organizations to work on the behalf of corporate interests, but under a different name.

It was an obvious move for the fossil-fuel industry to turn toward front groups as it grew increasingly alarmed in recent years at a surge in lawsuits demanding compensation for damage caused by the climate crisis. Oil executives feared a repeat of the tobacco industry’s fate when public opinion turned sharply against the cigarette makers, forcing the largest civil settlement in US history.

“Say a new locality files a suit … Suddenly the local press is infiltrated with Goldberg quotes. He fires out op-eds.”

Major oil firms, including Exxon, Shell and Chevron, looked to the National Association of Manufacturers, one of the US’s most powerful business lobby groups, with a long history of creating front organizations at the behest of various industries, to help“combat frivolous, politically motivated lawsuitsagainst energy manufacturers.”

Four years ago, NAM launched a group, the Manufacturers Accountability Project, to take the campaign in defense of big oil on to the streets and into the local media. A year later, it recruited Goldberg to lead the initiative. While much of their strategy is an attempt to intimidate litigants through the legal process, Goldberg’s role is to take the fight to local communities in an attempt to mold public opinion—and potential jurors—before the cases come to court.

From local newspapers to NPR, Goldberg pushes arguments designed to deflect from the fossil fuel industry’s responsibility for the climate crisis. “Those of us who care deeply about climate change, our economy, and our way of life must focus our elected leaders on game-changing innovations, not these politically-driven litigations,” he wrote in the New Jersey Globe after three New Jersey senators pressed the state to sue Big Oil to pay up for the costs caused by their deceptions.

Goldberg has pursued similar lines after the attorneys general of Vermont and Connecticut filed cases against the oil industry. “We should be fighting climate change instead of each other,” he reasoned in the local press.

Sokol, the law professor and climate litigation specialist, said she saw Goldberg’s intervention tactics everywhere there is a lawsuit against the fossil fuel industry. “Say a new locality files a suit… Suddenly the local press is infiltrated with Goldberg quotes. He fires out op-eds,” she said. “It’s a concerted battle against this litigation, which in many ways is a testament to how powerful the industry suspects this could be if it’s allowed to have its day in court.”

Still, even in Goldberg’s home state, there are plenty who are not buying it. In 2020, three New Jersey state senators pressed the state to sue Big Oil to pay up for the past and present costs caused by their deceptions.

“Rather than alert the public and help usher in the transition to clean energy, big oil took a page out of big tobacco’s playbook and funded and led a decades-long campaign to lie, deceive, and confuse the public about the science of climate change,” two of the senators, one Democrat and one Republican, wrote in USA Today. “It’s only fair that these fossil fuel companies who got rich while igniting the climate crisis are made to pay their fair share of the costs to our communities.”

Phil Goldberg (He/Him)

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AboutAbout

Phil Goldberg, a member of Shook’s Washington, D.C.-based Public Policy Group, has more than two decades of experience on liability-relatedpublic policy, public affairs and public relations issues. Phil assists clients address important litigation issues outside of the trial courts, often in front of Congress, state legislatures, appellate courts and the media.

Phil focuses his practice on three areas:

• Development of the Common Law

• Federal and State Legislation

• Litigation Communications

As co-chair of Shook’s National Amicus Practice, Phil has filed amicus briefs with courts at every level, from the U.S. Supreme Court to the U.S. Courts of Appeals and state appellate courts. He also has testified before state legislatures, authored legal scholarship, and spoken at judicial and attorney conferences on some of the highest profile liability issues in the last decade. In 2015, he was named the Director of the Progressive Policy Institute’s Civil Justice Center. CRYPTO

The substantive issues Phil works on tend to impact repetitive or high-profile cases, and often involve unwise expansions of liabilitybased on novel tort and product liability theories. In particular, he has worked extensively on public nuisance theory, pharmaceutical liability issues, patent litigation reform, international biotechnology liability policy, climate change tort litigation,liability inasbestos cases and damages in animal injury claims.

Phil is a member of the American Law Institute and received Shook's Mosaic Award for his commitment to diversity in the legal profession.

Before joining Shook, Phil was an aide to three Democratic members of Congress and vice president of litigation communications for two leading public relations firms. He received his law degree from George Washington University Law School, where he was Order of the Coif, and his bachelor of arts, cum laude, from Tufts University.Phil Goldberg, a member of Shook’s Washington, D.C.-based Public Policy Group, has more than two decades of experience on liability-related public policy, public affairs and public relations issues. Phil assists clients address important litigation issues outside of the trial courts, often in front of Congress, state legislatures, appellate courts and the media. Phil focuses his practice on three areas:

• Development of the Common Law • Federal and State Legislation • Litigation Communications As co-chair of Shook’s National Amicus Practice, Phil has filed amicus briefs with courts at every level, from the U.S. Supreme Court to the U.S. Courts of Appeals and state appellate courts. He also has testified before state legislatures, authored legal scholarship, and spoken at judicial and attorney conferences on some of the highest profile liability issues in the last decade. In 2015, he was named the Director of the Progressive Policy Institute’s Civil Justice Center. The substantive issues Phil works on tend to impact repetitive or high-profile cases, and often involve unwise expansions of liability based on novel tort and product liability theories.

In particular, he has worked extensively on public nuisance theory, pharmaceutical liability issues, patent litigation reform, international biotechnology liability policy, climate change tort litigation, liability in asbestos cases and damages in animal injury claims. Phil is a member of the American Law Institute and received Shook's Mosaic Award for his commitment to diversity in the legal profession. Before joining Shook, Phil was an aide to three Democratic members of Congress and vice president of litigation communications for two leading public relations firms. He received his law degree from George Washington University Law School, where he was Order of the Coif, and his bachelor of arts, cum laude, from Tufts University.…see more

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