Biography
William J. Mulligan
Bill is a shareholder of Davis & Kuelthau, s.c., who represents businesses, officers, employees, professionals and governmental entities in complex civil, administrative and white collar criminal defense litigation and governmental enforcement matters. His practice includes environmental, antitrust, securities, energy, fraud, RICO, false claims, discrimination, professional and scientific misconduct. He represents clients in perpetuation of testimony, grand jury, John Doe, coroner’s, regulatory investigations, administrative and debarment proceedings, contested cases, judicial reviews, trials and appeals in state and federal courts.
He primarily represents clients in the construction, manufacturing, foundry, property development, investment, pharmaceutical, health care, medical education and research, and legal profession. He also represents counties, cities, villages, towns and publically owned treatment works and landfill disposal facilities and school districts.
Representative Clients
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Cities of Neenah, Menasha and Neenah-Menasha Sewerage Commission
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City of Oak Creek
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Thomas Industries -Gardner Denver
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Brascan Corporation
Notable Representations
- Federal false claims act
Bill is representing a county in a federal grand jury investigation of allegations of criminal violations of the Federal False Claims Act in which a Grand Jury subpoena duces tecum was served requiring the production of voluminous financial records, personnel files, and related electronically stored information for a period of many years contained on the county’s computer network servers and workstations and backup system.
- Power plant expansion
On behalf of the City of Oak Creek, Wisconsin, Bill negotiated a development agreement with We Energies for the expansion of the Oak Creek Power Plant by construction of the Elm Road Generating Station including air emission limits, monitoring stations, enforcement provisions, noise or sound limitations and long term development payments. He represented the City with respect to the Draft and Final Environmental Impact Statements, the Certificate of Public Convenience and Necessity contested case proceedings before the Public Service Commission of Wisconsin as to necessity, site location, environmental challenges and opposition to development payments to the City, judicial review in the Circuit Court and expedited review in the Wisconsin Supreme Court. He also represented the City with respect to the issuance of air, stormwater and WPDES permits for the once through cooling structure for the facility by the Department of Natural Resources, contested cases and judicial review together with continuing challenges to the development payments to the City in We Energies’ rate cases.
- Defense against USEPA
Bill represents the Cities of Neenah, Menasha and Neenah-Menasha Sewerage Commission and is liaison counsel to other municipal entities in defending them against contribution, cost recovery and natural resource damage claims by the United States Environmental Protection Agency, Wisconsin Department of Natural Resources, Natural Resource Trustees, Michigan Department of Natural Resources, Indian Tribes and Paper Mill PRPs arising from the PCB contamination of the Fox River and Green Bay and clients’ insurance coverage issues.
- Antitrust claim
In a state private putative direct action antitrust class action alleging a conspiracy to fix prices based on Wisconsin’s “Little Sherman Act” by pharmaceutical companies concerning then patented prescription drug Cipro®, Bill has been representing Barr Laboratories initially in the Circuit Court in obtaining dismissal of the complaint on the issue of the applicability of Wisconsin’s law to an alleged interstate conspiracy and then on appeal in the Wisconsin Court of Appeals and then the Wisconsin Supreme Court and now on remand to the Circuit Court on the issue of the exclusivity of federal court jurisdiction as to patent related claims.
- Civil securities fraud
Bill represents Brascan Corporation (now Brookfield Asset Management Inc.), a Canadian corporation. One of two corporate defendants, named in a private civil securities fraud case with Wisconsin state law claims brought by a hedge fund and an investment consultant to the fund in the U.S. District Court for the Eastern District of Wisconsin, Milwaukee Division. The case was dismissed by the District Court for failure to state a claim under the heightened pleading requirements of Rule 9(a), of the Federal Rules of Civil Procedure and the Private Securities Litigation Reform Act of 1995. The case is now pending before the U.S. Court of Appeals for the Seventh Circuit.
- Defense against bid-rigging
Bill defended the president of a road building contractor in a federal criminal antitrust prosecution in the U.S. District Court for the Eastern District of Wisconsin, Green Bay Division, of a bid-rigging conspiracy on federal and state funded construction projects among road building contractors including related debarment proceedings and restitution claims.