Olivier F. Theard

Mr. Theard practices in the Business Trial Practice Group and Environmental Litigation Practice Group in the Los Angeles office of Sheppard, Mullin, Richter and Hampton LLP. 

Areas of Practice

Mr. Theard has experience in toxic tort litigation regarding alleged injuries from benzene, chromium, asbestors, dioxins and other chemical exposures.  Mr. Theard is experienced in environmental litigation and clean up under CERCLA and other federal and state laws and has worked on construction defect and mold litigation, as well as complex business tort and contract disputes.  Mr. Theard has represented clients in administrative matters before the U.S. Environmental Protection Agency, the Department of Toxic Substances Control and the South Coast Air Quality Management District, and has experience in drafting and defending pleadings, writing and defending motions, legal research, depositions, discovery, mediation, trial preparation, civil appeals, oral argument and all other aspects of litigation practice before the courts and administrative agencies.

Education

• J.D., University of Southern California, 2001
• B.A., Stanford University, 1998

Clerkships

• Legal extern for U.S. District Judge Nora Manella, Central District of California. In this capacity, Mr. Theard conducted substantial legal research and drafted judicial opinions on a variety of topics, including constitutional law, federal civil procedure, environmental law and business/corporate law disputes.

Admissions

• California

Significant Matters

Mr. Theard was an integral part of the legal team representing Venoco, Inc. in a major toxic tort litigation brought by alumni of Beverly Hills High School.  Venoco prevailed on summary judgement.  Mr. Theard has additional toxic tort defense experience on matters for Northrop Grumman Corporation, Consolidated Graphics, Inc. and other companies.  Mr. Theard has performed work for Exxon/Mobil in a multi-district environmental litigation involving alleged groundwater contamination by the oxygenate MTBE.  Mr. Theard previously was on the successful appellate team for Exxon/Mobil in a case involving the alleged "passive migration" of contaminants.  In addition, Mr. Theard has represented large building contractors in asbestos claims, owners and developers in construction defect cases, and homeowners in mold litigation.  Mr. Theard has defended clients involved in international environmental disputes regarding diesel engines, CERCLA and related issues.  He has worked on major business litigation, breach of contract matters, and matters involving misappropriation of trade secrets.  On a pro bono matter, Mr. Theard successfully obtained asylum for a woman based on the domestic-violence she suffered in her home country.  Mr. Theard also routinely handles adoption cases for pro bono clients, many involving special needs children.

Memberships

• Executive Committee, Los Angeles County Bar Association Environmental Law Section (Barrister's Liaison)
• Member, American Bar Association
• Member, National Bar Association
• Member, USC Alumni Association
• Member, Stanford Alumni Association

Articles

• Compound Solutions, Los Angeles Daily Journal, December 15, 2008
• Sheppard Mullin Announces Launch of New Firm Diversity Programs, Metropolitan News Enterprises, November 14, 2008
• Catching the Green Wave, Los Angeles Daily Journal, June 11, 2008
• It's Getting Easier Being Green, Los Angeles Daily Journal, June 4, 2008
• The Global Warming Solutions Act (AB 32): Raising the Temperature of California Business, California Environmental Insider, March 15, 2008
• The Global Warming Solutions Act (AB 32): Raising the Temperature of California Business, California Environmental Insider, November 15, 2007
• Domestic-Violence Victims Deserve Uniform Asylum Rules, September 1, 2005

• "It's Getting Easier Being Green", Daily Journal, June 4, 2008

Climate Change & Clean Technology Law Blog Articles

• "California Unveils Preliminary Draft Regulation For A Cap-And-Trade Program As One Of The Main Strategies To Reduce Greenhouse Gas Emissions That Cause Climate Change", December 21, 2009

Real Estate & Construction Law Blog Articles

• "AB 32 Administrative Fee Regulation - Public Workshop Announced", January 16, 2009
• "Regulations Mandating Greenhouse Gas Reporting Become Effective", January 7, 2009
• "AB 32 Gains Traction - California Air Resources Board Adopts AB 32 Climate Change Scoping Plan", December 12, 2008
• "Loss of Power? AQMD rules Designed to Spur Development of Newer, Cleaner Electrical Power Plants Recently Vacated in LA Superior Court", August 18, 2008
• "EPA Releases Advance Notice Of Proposed Rulemaking Regarding Regulation Of Greenhouse Gas Emissions Under Clean Air Act", July 24, 2008
• "No Idling: California Air Resources Board Adopts New Off-Road Diesel Rule", June 11, 2008
• "Clash of the Titans", January 11, 2008
• "California Sues U.S. Environmental Protection Agency, Seeks Permission To Enforce Own Standards Regulating Greenhouse Gas Emissions", December 7, 2007
• "California Air Resources Board Issues Proposed Regulations to Require Facilities to Report Greenhouse Gas Emissions Under the Global Warming Solutions Act", November 1, 2007
• The Global Warming Solutions Act (AB 32):  The Genesis of a New Environmental Paradigm for California (publication pending in Cal. Environmental Insider, will have 20,000 person distribution)
• The Unseen Black Male Lawyer (publication pending, Los Angeles Daily Journal)
• "California Air Resources Board Proposes Additional Early Action Measures Pursuant to the Global Warning Solutions Act (AB 32)", September 8, 2007
• "Summary of Proposed Draft Regulation to Reduce Emissions of Diesel Particulate Matter and Other Pollutants From In-Use On-Road Heavy-Duty Diesel-Fueled Engines", August 21, 2007
• "California Air Resources Board Passes New Regulations Limited Off-Road Diesel Emissions", July 31, 2007
• "Private Parties Under CERCLA May Sue Potentially Responsible Parties for Cost Recovery Even if They Are Barred From Suing For Contribution", June 18, 2007
• "CARB Proposes New Diesel Emission Regulations (13 CCR SEC. 2449)", June 15, 2007

Los Angeles Bar Association Articles

• Highlights of the Contractor's State License Law, Los Angeles Bar Association publication (co-author), Winter 2005
• 2003 Construction Industry Year in Review, Los Angeles Bar Association publication (co-author)
• New Laws Regarding Underground Storage Tanks, 2002
• 2001 Construction Industry Year in Review, Los Angeles Bar Association publication (co-author)

Hispanic/Latino Newsletter

• Enfoque Latino - Spring 2008

Speeches

• Domestic-Violence Victims Deserve Uniform Asylum Rules, California Legal Secretaries Association

Events

• California Minority Counsel Program Annual Conference, September 12, 2007