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Professional Experience
Michael Mostow concentrates his practice in the areas of environmental law and the recovery of insurance proceeds for policyholders. Mr. Mostow represents clients in CERCLA litigation, environmental enforcement actions, complex transactions involving environmentally impacted real estate, toxic tort actions, brownfields redevelopment, negotiation of environmental insurance, state voluntary program cleanup and regulatory compliance. He has extensive experience working with federal and state agencies, and negotiating and drafting deal terms, pleadings, insurance policy terms, and settlements of lawsuits and enforcement actions. Mr. Mostow has litigated CERCLA actions and served as common counsel to CERCLA steering committees.

Representing policyholders, Mr. Mostow has recovered millions of dollars under claims previously denied by his clients’ liability and property insurance carriers. He has negotiated defense and indemnity coverage in the environmental context, litigated coverage actions concerning multiple contaminated sites located across the country, negotiated defense and indemnity coverage for claims arising from construction defects and violations of state and federal constitutional law, as well as advising clients on broad range of insurance issues, such as professional liability and D & O coverage. His experience includes:

  • Representing paper manufacturer in CERCLA lawsuit concerning the multimillion dollar cleanup of PCBs in a riverbed.

  • Representing client in purchase and redevelopment of former oil refinery.

  • Defending chemical manufacturer in enforcement action stemming from chemical release and explosion.

  • Representing purchaser of chemical plant.

  • Defending toxic tort action involving contamination of residential drinking water wells.

  • Negotiating and drafting all agreements for total risk transfer to environmental contractor and insurance company of CERCLA liabilities.

  • Representing seller in multiple sales of former industrial, environmentally impacted properties located across the country where seller provided buyers with pollution and remediation legal liability policies in lieu of environmental indemnities.

  • Representing policyholder in litigation concerning multimillion dollar investigative and cleanup costs associated with site operated by client since 1930s.

  • Defending client at trial from claims brought under CERCLA, RCRA and state law concerning multimillion dollar cleanup of former die casting facility.

  • Negotiating settlement of state, county and village nuisance odor enforcement actions against manufacturer of lime for the steel industry.

  • Representing Chapter 11 debtor in sale of historic commercial general liability coverage to carriers that issued coverage from 1962 to 2000.

  • Negotiating United States Army Corps of Engineers’ withdrawal of asserted jurisdiction over “naturalized” abandoned quarry.
Education and Honors
  • Northwestern University School of Law (J.D., 1991)
  • University of Illinois (B.A., magna cum laude, 1987)
    Bronze Tablet (Top 3%) from the University of Illinois (Recipient).
Bar Admissions
Illinois, 1991

Court Admissions
U.S. District Court, Northern District of Illinois, 1991

Professional Recognition
Selected for inclusion in the 2006-2012 Illinois Super Lawyers® lists (Environmental).

Martindale-Hubbell AV® Peer Review Rated.

Leading Lawyers Network member.

Professional and Civic Activities
  • Chicago Bar Association (2009-2011 Chair and former Legislative Liaison of Environmental Law Committee).

  • American Bar Association (Member).

  • Illinois State Bar Association (Member).

  • Bridges for Autism (Board Member).
Selected Presentations/Publications
  • Chapter Author, Pollution Insurance, in Construction Insurance: A Guide for Attorneys and Other Professionals (ABA Forum on the Construction Industry).

  • Moderator, “Hot Topics in Environmental Law,” Chicago Bar Association seminar, March 17, 2010.

  • Presented Speech on “Ethical Issues Created by Reservation of Rights Letters,” Quarles & Brady, November 2009.

  • Presented Speech on “Impact of the Supreme Court’s Decision in Burlington Northern & Santa Fe Ry. v. United States: Arranger Liability After Burlington,” Chicago Bar Association Environmental Law Committee seminar, June 2009.

  • Presented Speech on Pending Environmental Legislation, Chicago Bar Association Environmental Law Committee, March 2009.

  • Presented Speech on Pending Environmental Legislation, Chicago Bar Association Environmental Law Committee, March 2008.

  • Presented Speech on “EPA's ‘All Appropriate Inquiry’ Final Rule: How it Affects Environmental Due Diligence in Business Transactions at the 2006 Lorman Education Services conference Update On Incentives For Real Estate Developments; August 30, 2006.

  • “USEPA Issues Final ‘All Appropriate Rule,’” Chicago Industrial Properties, February 2006.

  • Presented Speech on insurance coverage for mold-related damages at the 2002 and 2003 Lorman Education Services conferences on “Solving Water Intrusion and Mold Problems in Illinois.”

  • “Contracts to Keep Deals Alive,” Brownfield News, January/February 2002.

  • Interviewed for article regarding environmental insurance coverage for real estate transactions in Spring 2002 issue of Business Insurance.

  • Interviewed for article regarding policy recovery entitled “Just Try to Find Your Receipts for Ma'ariv Weekend,” March 1, 2002.

  • Presented Speech on Transaction-Based Structured Settlements at the June 11-13, 2002 Environmental Technology Conferences and Exhibitions conference in Atlantic City, New Jersey.

  • Interviewed for article entitled “U.S. Government and Insurance Industry Address Aviation's Newest Threat” for Risk and Insurance, November 2001.

  • “Determining Insurance Coverage Could Be A Rough Task for Business,” Disaster Recovery Journal, Fall 2001.

  • “Environmental Insurance May Provide What it Takes to Get Your Deal Closed,” NACORE International’s Corporate Real Estate Executive, October 2001.

  • Interviewed on WGN Radio regarding insurance coverage after September 11.

  • “Recall Insurance – Negotiate Specific Coverage Terms Before You Buy,” Meat and Poultry, August 1999.

  • “Negotiating for Your Food Recall Insurance,” Food Quality, March 1999.

  • “It's Too Soon To Tell If PLI Can Reduce Disputes,” The National Law Journal, January 1999.

  • “Closing the Deal in the Face of Environmental Contamination,” Practical Real Estate Lawyer, September 1998.