Joseph A. Fischer
Joseph “Tré” August Fischer, III has broad experience representing companies in the energy and manufacturing industries in complex litigation, in a wide range of transactional matters, before administrative and regulatory bodies, and concerning compliance and liability issues; with litigation of all kinds for corporate, individual, and insurance clients on both sides of the docket; and with the management, litigation, and resolution of environmental issues and natural resource damages claims.
Although his primary focus is on complex energy and commercial litigation matters, Tré’s over twenty years of litigation experience includes both business and commercial disputes and significant personal injury matters. He also has handled the investigation and litigation resulting from catastrophic explosions, releases, spills, and other industrial incidents. Tré has represented both plaintiffs and defendants and has trial and appellate experience in both state and federal courts. He regularly practices before both, as well as before regulatory agencies and arbitration panels. He has broad experience in the energy industry, representing public and private oil and gas producers, natural gas pipeline companies, natural gas processing companies, and electric power generators in federal and state courts and before arbitration panels throughout the country. Tré has managed and successfully resolved numerous complex, high-profile litigation matters with $100s of million at stake.
Recognizing his skill and experience handling complex, high-stakes legal matters in many contexts, Tré’s clients often call upon him outside of litigation. Tré has considerable experience in transaction structuring, negotiation, and documentation in the energy and manufacturing industries across a broad range of asset, stock, and real estate transactions in several states and internationally. He has particular experience with transactions involving natural gas asets, gathering agreements, and processing agreements and with transactions involving contaminated properties, environmental risk transfer, Brownfield redevelopment, distressed assets, and other complex legal and risk management issues. He also has developed, implemented, and managed environmental, health, and safety audit and compliance programs.
Further with respect to environmental matters, Tré’s experience is extensive, having been a consistent facet of his practice throughout his career. He has represented sellers, buyers, owners, developers, responsible parties, and regulatory agencies at more than 100 Superfund sites in all 10 US EPA regions and at numerous state-lead sites, and concerning dozens of transactions involving sites throughout the United States and frequently requiring customized combinations of legal, regulatory and financial tools to ensure the appropriate allocation of liability and risk. His experience includes prosecution and defense of governmental enforcement actions and claims involving natural resource damage, personal injury and property damage, and cost-recovery and indemnification. He also has unique experience with the resolution of environmental obligations and claims in the context of bankruptcy proceedings. Through years of experience working with clients, technical consultants, and engineers to effect the cost-effective remediation of environmental sites and ensure compliance with legal obligations, he is adept at understanding and balancing competing commercial and legal issues without sacrificing either.
In addition to many years in private practice, he served as Vice President & Deputy General Counsel for TRC Companies, Inc. (NYSE: TRR) and Assistant General Counsel for Kaiser Aluminum Corp. (Nasdaq: KALU). His in-house experience provided Tré an uncommon breadth of experience managing and resolving a myriad of complex and significant matters and issues and provides him exceptional insight in serving the needs of and proactively representing the interests of his corporate and individual clients. As former in-house counsel, he has a keen insight in and appreciation for the challenges facing in-house counsel in today’s legal environment. Tré also served as an adjunct professor at the University of Houston Law Center, teaching civil procedure, legal analysis, and legal research and writing to law students. While attending law school, he worked as a tax accountant at Price Waterhouse.
B.A., Rice University
J.D., magna cum laude, University of Houston Law Center
United States Court of Appeals for the Fifth and Ninth Circuits
United States District Court for the Northern, Southern, Eastern and Western Districts of Texas
United States District Court for the Middle, Eastern and Western Districts of Louisiana