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Overview

Henry provides strategic counsel to clients, to prevent or reduce risks from situations of crisis and uncertainty, in environmental, employee health and safety, and antitrust law matters.

 He also represents clients in rulemaking and legislative proceedings, as well as in investigations and litigation involving unfounded enforcement actions.

Henry’s practice often involves highly technical cases in which he coordinates a team of forensic accountants, technical experts and public relations specialists. He represents clients in cases involving fatal or serious injuries; chemical releases; explosions; fires; manufacturing, transportation and construction accidents; mine disasters; and tort allegations. He has also successfully led multimillion-dollar recovery cases for “direct purchasers” of goods that were overpriced because of market manipulation and violations of antitrust law.

Henry defends investigations and enforcement actions by federal and state government agencies, including the Occupational Safety and Health Administration (OSHA), Mine Safety and Health Administration (MSHA), Environmental Protection Agency (EPA), Department of Transportation (DOT), National Transportation Safety Board (NTSB) and the National Institute for Occupational Safety and Health (NIOSH). In addition, Henry defends related tort and criminal matters, employee health and safety whistleblower cases and discrimination claims.

At a strategic level, Henry represents companies and trade coalitions in regulatory and congressional counseling, loss prevention audits, management training services, legislative counseling and lobbying.

Henry has served as senior counsel to the American Mining Congress, adjunct professor of occupational safety and health law at Johns Hopkins Graduate School of Public Health, and on congressional and agency advisory committees.


Industry

Services

Education

  • J.D., Duquesne University School of Law
    • cum laude
  • B.A., Case Western Reserve University

Admissions

  • District of Columbia
  • U.S. Supreme Court
  • U.S. Court of Appeals, Fourth Circuit
  • U.S. Court of Appeals, Fifth Circuit
  • U.S. Court of Appeals, Sixth Circuit
  • U.S. Court of Appeals, Eighth Circuit
  • U.S. Court of Appeals, Tenth Circuit
  • U.S. Court of Appeals, Eleventh Circuit
  • U.S. Court of Appeals, District of Columbia Circuit

Professional Associations and Memberships

  • American Bar Association
  • Hispanic National Bar Association
  • Johns Hopkins University Graduate School of Public Health, Health and Safety Law, Former Adjunct Professor, 1984-1999
Experience
  • Coordinated liability prevention and crisis management in multiple rail car explosions and chemical reactions in the United States and Canada, preventing enforcement and successfully recovering insurance proceeds and damages from third parties.
  • Obtained an injunction against the adoption of an unsupported (ACGIH) chemical exposure standard, initiated discovery on related product defamation claims, and testified before Congress on improper health effects rulemaking.
  • Led a crisis management and defense team in a $350 million loss explosion that leveled an industrial facility; defended a six-month investigation by dozens of state and federal investigators; defended a criminal investigation with local counsel; and assisted in the defense of 13 class actions on behalf of 35,000 plaintiffs. The team successfully resolved all investigations and enforcement actions, helped recover almost the entire financial loss, favorably resolved the tort actions and recovered denied insurance proceeds to rebuild the plant.
  • Obtained significant appellate court victories, including a case mandating feasibility for a new occupational health standard and a decision upholding an injunctive relief against a federal agency for violations of the Federal Advisory Committee Act.
  • Won precedent-setting litigation challenging government policies and obtaining favorable court definitions of statutory safety and health enforcement terms, “significant and substantial” violations and “unwarrantable failures” to comply.
  • Served as co-lead counsel in two major antitrust cases that collected millions of dollars in damages for corporate clients that were direct purchasers of commodities and products impacted by monopoly price manipulations.
Thought Leadership