Kenneth M. Klemm is an experienced litigator who primarily defends clients in marine, energy, oil and gas litigation. He is a shareholder in the Firm's New Orleans office and is Co-Chair of the Firm's Marine & Energy Industry Service Team. Mr. Klemm's clients range from local businesses and individuals to oil and pollution clean-up companies, to the world's largest independent natural gas producer, one of the world's largest oil field services companies, regional and national transporters of natural gas, and national insurance companies.
Mr. Klemm's litigation career is just as varied as his clients. His marine, energy, oil and gas experience typically concerns personal injury and property damage defense, breach of contract issues, blowouts and down-hole well damage, and related insurance issues. His litigation experience includes white collar criminal cases, environmental and toxic tort issues, commercial disputes, intellectual property defense, and insurance litigation issues as they relate to general property claims and maritime and oil and gas litigation.
- Defended largest natural gas producer in the United States in blow-out case against claims of gross negligence to preclude enforcement of limitation of liability, indemnity and allocation of risk provisions in Master Service Agreement. After trial, the court awarded nearly $10 million in damages, including prejudgment interest, to the client.
- Obtained $2 million judgment for natural gas transportation company in case involving explosion at oil and gas terminal facilities during construction.
- Represented international metals trading firm in maritime seizure action; obtained expeditious release of cargo and award of attorneys fees and costs against party seizing property.
- Defended major chemical company against significant environmental enforcement action by U.S. government and groundwater contamination claims by local residents. After several days of trial, the client concluded a favorable settlement with U.S. government.
- Defended independent oil and natural gas producer in well blowout case against claims under Louisiana law for gross negligence and under the newly-enacted Oil Pollution Act (OPA) and a Natural Resources Damage Assessment (NRDA). Litigation ultimately resulted in favorable resolutions of NRDA, civil penalty claim by U.S. Coast Guard under OPA and claims against producer's well contractors.
- Favorable settlement obtained for liquor distributor in unfair trade practices and infringement of trade dress case.
- Represented oil and case producer in claims resulting from capsizing of lift boat; received favorable settlement to client including payment attorneys fees and costs for defense and indemnity claims.
- Defended national insurer in multi-million dollar property damage claims resulting from hurricanes in Florida and Louisiana.
- Successfully defended manufacturer at trial in products liability suit arising from malfunction of vessel engine.
Mr. Klemm has made numerous presentations to industry groups and clients on litigation-related topics involving admiralty and maritime issues, environmental law and oil and gas casualties. In addition, his publications include:
- "EPA Takes Aim at Oil & Gas Industry with New Fracking Rules," Baker Donelson Oil & Gas Alert (August 2011)
- "Implied Covernants: Recent Developments in Failure to Develop Cases and Other Implied Obligations Under Mineral Leases," 57th Annual Rocky Mountain Mineral Law Institute, Santa Fe, New Mexico (July 22, 2011)
- "A Light at the End of the Tunnel? BOEMRE Clarifies New Safety Regulations for Deepwater Drilling and Issues First Permits After Moratorium," co-authored, Louisiana Oil and Gas Association Industry Report (Spring 2011)
- "When is a Lease a Lease?" 9th Annual Energy Litigation Conference sponsored by the Institute for Energy Law of The Center for American and International Law, the ABA Section of Environment, Energy and Resources and Energy, and the ABA Energy Litigation Committee of the Section of Litigation (October 2010)
- "Dial 911: Injunctive Relief for Business Clients," panel member at ABA Annual Meeting for CLE program presented by Section of Litigation (August 2010)
- "Anatomy of a Blowout: A Post-Mortem," 57th Mineral Law Institute sponsored by the Louisiana State University Paul M. Herbert Law Center (March 2010)
- "Once More Unto the Bench," an article on environmental crimes for Clean Seas (Autumn 2000)
- "Forum Selection Clauses in Maritime Bills of Lading Under COGSA," 12 Fordham Int'l L.J. 459 (1989)
- Cited by the U.S. Court of Appeals for the First Circuit in Vimar Seguros y Reaseguros, S.A. v. M/V SKY REEFER, 29 F.3d 727 (1st Cir. 1994)
- "Minimizing Risk to the Oil and Gas Operator," 48th Mineral Law Institute sponsored by the Louisiana State University Paul M. Hebert Law Center (co-presenter)
- Listed in The Best Lawyers in America® in Maritime Law (2010 – 2012) and Product Liability Litigation (2012)
- Listed in Chambers USA: America's Leading Lawyers for Business as a leading lawyer in Louisiana (2011)
- Recognized as a "Top Lawyer" in Maritime Law by New Orleans Magazine, 2010
- Listed in Louisiana Super Lawyers in Energy & Natural Resources (2007 – 2008)
- Named to CityBusiness' Leadership in Law Class of 2012
- Member – American and Federal Bar Associations
- Member – Energy Editorial Advisory Board, Law360 (2011)
- Co-Chair – Programs Subcommittee, Energy Litigation Committee, American Bar Association (2009 – 2010)
- Member – Louisiana, New Orleans, New Jersey and New York Bar Associations
- Proctor Member – Maritime Law Association of the United States
- Executive Board and District Chairman, Southeast Louisiana Council – Boy Scouts of America (2010)
- President and Area Enrollment Director – Dartmouth Club of Louisiana
- Captain, Battalion Intelligence Officer, Louisiana Army National Guard (1990 – 1992; active duty in Operation Desert Shield/Desert Storm)
- Lieutenant, Tactical Intelligence Officer, New Jersey Army National Guard (1986 – 1990)
- Lieutenant, Intelligence Production Officer, Department of the Army (1988)
- Louisiana, 1993
- New York, 1990
- New Jersey, 1990
- U.S. Supreme Court, 1994
- U.S. Court of Appeals for the Second Circuit, 1994
- U.S. Courts of Appeals for the Third and Fifth Circuits, 1993
- U.S. District Courts for the Eastern, Middle, and Western Districts of Louisiana, 1993
- U.S. District Courts for the Northern, Southern, Eastern and Western Districts of New York, 1993
- U.S. District Court for the District of New Jersey, 1990
- U.S. District Court for the Southern and Eastern Districts of Texas, 2010
- Fordham University School of Law, J.D., 1990
- Assistant Editor – Lloyd's Maritime Newsletter of North America
- Notes & Articles Editor – International Law Journal
- Dartmouth College, B.A., 1986
- Distinguished Military Graduate from Reserve Officers Training Corps program at Norwich University