Daniel R. Lavoie

Partner

• dlavoie@steptoe.com
• vCard
• New York Office

Daniel R. Lavoie is a partner in the New York office of Steptoe & Johnson LLP, where he is a member of the Litigation Department.

Mr. Lavoie concentrates his practice in the following areas:

• environmental law with an emphasis on due diligence, mergers and acquisitions, corporate finance, and insurance;
• insurance coverage, defense, and subrogation matters; and
• general commercial litigation and real estate.

He regularly counsels clients on environmental due diligence matters in commercial real estate transactions including the drafting of purchase and sale agreements, indemnity and escrow agreements, as well as loan reps, warranties, and covenants.  Mr. Lavoie also conducts peer reviews on environmental Phase I, Phase II, and Remedial Action reports, negotiates access and remediation agreements, as well as procures environmental insurance where appropriate.  He represents insurance companies, financial institutions, hotels, developers, re-developers, REITs, and individuals in real estate transactions and financing.  In addition, Mr. Lavoie's practice includes environmental regulatory and compliance including RCRA, CERCLA, and Clean Water Act matters as well as vapor intrusion, mold, and other indoor air quality issues.

Prior to joining Steptoe, Mr. Lavoie practiced environmental law and litigation at a prominent international law firm.  He also held senior-level corporate positions at major insurance and financial services companies including General Counsel of Navigators Group, Senior Vice President and Environmental Practice Leader at Marsh USA, Inc., and Principal and Chief Compliance Officer at Integro Insurance Brokers.  He is a frequent speaker on environmental issues at such forums as the American Bar Association and the American Bankers Association annual conferences. 

Representative Matters

Environmental Law

• Major Clean Water Act investigation on behalf of a state agency working on point source controls and remedial measures including an Illicit Discharge Detection Elimination program, and Spill Prevention, Control, and Countermeasures plans.
• Representation of real estate investment trust (REIT) in several investigations and remediation projects involving historic dry cleaning operations and leaking underground storage tanks.
• Conducted environmental due diligence on the financing of numerous shopping centers in several states that included negotiating a Consent Decree between buyer, seller, and the Commonwealth of Pennsylvania, a springing escrow agreement, environmental insurance, as well as dealing with the intricacies of the Connecticut Transfer Act.
• Representation of the world’s largest philanthropic organization in the acquisition of environmentally challenged commercial real estate, and coordinating the investigation and clean up though the New York State Brownfield Cleanup Program. 

Insurance Coverage, Defense, and Subrogation

• Representation of large commercial insurer in a multi-party environmental subrogation action in the US District Court for the Eastern District of New York.

General Commercial Litigation and Real Estate

• Representation of financial institution in connection with a dispute over an $80 million repurchase agreement arising from the alleged breach of environmental representations and warranties.
• Representation of large REIT in litigation involving construction liens and breach of contract claims in New Jersey Superior Court.
• Representation of a private banking institution in the due diligence, financing, and loan closing for both commercial and residential real estate in New York City.
  

Select News & Events

• "Mold, Meth Labs, and Beyond," Continuing Legal Education Seminar, Lorman Educational Services, May 2010
• NY1 Features Daniel Lavoie in Story on Harlem Landmark

Selected Publications

• Environmental Due Diligence
  August 25, 2011
• Environmental Newsflash, Issue 20
  US EPA Opens Comment Period on First Nationwide Greenhouse Gas Emission Reporting Rules
  April 20, 2009
• Katrina Puts Spotlight Back on Mold
  April 11, 2006, National Underwriter
• Broker: Commercial Carriers Gain Confidence in Mold Underwriting
  February 22, 2006, Advisen, Front Page News
• Environmental Risks Can Be M&A Hazards
  July 15, 2002, National Underwriter
• A Mold-Induced Insurance Headache
  Vol. 3, Issue 2
  July 2002, Fitch Ratings Real Estate Update
• Got Mold? The Growing Concern Over Toxic Mold and How Insurers Are Dealing With It
  Vol. 16, No.1
  Spring 2002, The John Liner Review
• Environmental Risk Management and the Role of Environmental Insurance
  Fall 2000, Environmental Quality Management

Professional Affiliations

• New York State Bar Association
• The Association of the Bar of the City of New York
• Massachusetts Bar Association
• Board of Directors, Sports Angels: 501(c)3 charity dedicated to making a difference in the lives of children through sports