By Andrew Cohen
It doesn’t take long for recent Berkeley Law grads to climb the ranks and make a meaningful impact early in their wide-ranging careers. We will periodically highlight standout alums who are shining across various practice areas in profiles that amplify what drew them to their current work, what they enjoy most about it, and their path to success.
One thing Wilson Dunlavey ’15 learned quickly as a lawyer: The learning never stops.
“The most surprising part of my work — from the perspective of what I imagined the job to entail in law school — is how much science I have to understand,” says Dunlavey, a partner in the New York City office of plaintiff-side powerhouse Lieff Cabraser Heimann & Bernstein. “Everything from metallurgy to fish migration, consumer spending habits, how emissions systems work, and how toxins are spread through ocean currents and the air. I also have to understand a lot of economics for the complex damages modeling that goes into my cases.”
Specializing in litigation against fossil fuel companies and other polluters, Dunlavey has helped government entities, consumers, small businesses, workers, and homeowners recover a staggering sum — over $16 billion — while prompting changes in various company practices.
That impressive track record includes a $1.8 billion settlement with Sempra Energy Corporation arising from the largest methane leak in U.S. history, a $230 million settlement against Plains Pipeline Company from a Santa Barbara oil spill; and a $95 million settlement with a pipeline company and various shipping companies from a spill in Huntington Beach, California. He also helped steer a series of settlements against Volkswagen, Porsche, and Audi sparked by the 2015 “clean diesel” scandal for cheating on diesel-emissions tests.
In addition, Dunlavey has helped alter the law to benefit victims of environmental disasters, including negligence, nuisance, and trespass law. He currently represents the State of California against fossil fuel companies in what may be the most important environmental litigation to date: seeking to hold major oil companies accountable for decades of deception regarding the impact of climate change.
“The seed for my interest in protecting the environment was watching the 2006 film An Inconvenient Truth, he says. “As I grew up, I realized that the law best fit my skill set, and I could effect change best as a plaintiff-side lawyer. Berkeley Law was the only law school I ever wanted to go to, in part because of its focus on environmental law, but also because of its public interest focus and embrace of plaintiff-side work.”
Unraveling the knots
Much of his work involves asking courts to certify classes of victims of environmental disasters. This requires the court to find that certain victims — the firm’s clients — can stand in the shoes of other members of the community who are not actively involved in the litigation because they are all similarly situated.
For example, when an oil spill or toxic plume impacts a community, is it reasonable to try the claims of all homeowners together through the proof of the clients and expert evidence, or must the court try all cases individually? Dunlavey has succeeded in convincing courts that they can and should try such cases on a class-wide basis under traditional theories of trespass, nuisance, and negligence.
“You would think it’s a no-brainer, but that doesn’t stop fossil fuel companies from spending millions of dollars trying to convince courts that trying such cases on a class-wide basis is not appropriate under traditional tort law,” he says. “The most challenging part of my work is applying the historical tools of tort law to hold corporations accountable for 21st century misconduct.”
It’s a challenge Dunlavey has clearly met. He received a California Lawyer of the Year Award from the California Daily Journal and was a finalist for Consumer Attorney of the Year by the Consumer Attorneys of California. Additionally, Lawdragon named him among its 500 Leading Plaintiff Consumer Lawyers in America this year and last year, he’s been a Super Lawyers Northern California Rising Star five years running, and the American Antitrust Institute recognized him for outstanding private practice antitrust achievement.
“I love hearing from my clients when they receive compensation for their injuries. Equally, though, I take great satisfaction in the injunctive relief part of my work: getting companies to agree to change their corporate practices as part of a settlement,” Dunlavey says. “Never in my wildest dreams would I imagine I would have played a part in changing corporate behavior and helping so many achieve justice. I sometimes have to pinch myself.”
Top training
Dunlavey credits his time at Berkeley Law for his career arc. He volunteered at the Workers’ Rights Clinic and successfully represented a client in an administrative hearing during final exams, led the Queer Caucus, and worked for a semester at the Transgender Law Center.
“Working directly with plaintiffs in both clinic experiences was instrumental in confirming that plaintiff-side work was my calling,” he says. “For any law student who isn’t sure what they want to do after graduation, I’d recommend a clinic; once you have experienced the joy of helping real people recover for their injuries, it’s hard to want to do anything else.”
He also credits taking a course on multidistrict litigation with Lieff Cabraser founding partner Elizabeth Cabraser ’78. “That was the cherry on top: Here was a lawyer who was doing exactly what I wanted to do and excelling at it. It was just unreal. And to this day, I’m still learning so much from her.”
The biggest myth he finds regarding environmental law? “That you need to have a science background to succeed,” he says. “You just have to be willing to roll up your sleeves and learn the science.”
The work is hard, he admits, but that hasn’t stopped him from fathering two toddlers through surrogacy with his husband. “No matter how busy I am, I block time every night for my kids, non-negotiable. They motivate me in my practice, because I want them to live in a habitable environment.”
Dunlavey also carried forward Berkeley Law’s pro bono culture, successfully representing unaccompanied Central American minors in obtaining immigration relief. He relishes working with colleagues and using his legal skills in the effort to support this marginalized community.
“It really isn’t a whole lot different from my other work: Most of my clients are everyday people who don’t know much about the law,” Dunlavey says. “They have been treated unjustly, and they look to me to make things right. I strive to do right by them every day.”