They’ve Got Next: The 40 Under 40 - Roy Prather of Beveridge & Diamond

Please describe two of your most substantial, recent wins in practice.

In 2021, I co-led a team that successfully defended the City of Newark in a high-profile Safe Drinking Water Act citizen suit led by the Natural Resources Defense Council (NRDC) in New Jersey federal court.

Leveraging national concern regarding lead in drinking water in Flint, Michigan, NRDC demanded that the court enter an order requiring door-to-door bottled water delivery in Newark, at a cost of somewhere between $30 million (NRDC’s estimate) and $80 million (Newark’s estimate).

After we defeated two preliminary injunction efforts by NRDC, plaintiffs settled for Newark’s agreement to continue lead remediation efforts that were already underway or completed, including replacing roughly 18,000 lead service lines in the city free of charge to residents, and NRDC received no attorney fees for over two years of work, a highly unusual result in citizen suit litigation.

Additionally, I led a team defending a large retailer facing a consumer protection class action in California that asserted greenwashing claims related to per- and polyfluoroalkyl substances (PFAS). My team leveraged bifurcated discovery to negotiate an injunctive-relief-only settlement early, avoiding costly expert discovery and class certification battles while also creating more time for the company to make significant decisions regarding the marketing and sale of the implicated products.

What is the most important lesson you learned as a first-year attorney and how does it inform your practice today?

The devil is in the details. Taking the time to cross every “T” and dot every “I” not only allows you to showcase excellence, but it’s also one of the clearest and simplest ways to establish that you care about the client, the work, and the people involved. This lesson applies to everyone from the newly minted lawyer to the most senior partner and will be a key marker of success.

How do you define success in your practice?

Establishing trust with my clients so that they come to me to help them navigate difficult and challenging circumstances that not only advance their business’s needs but also helps the individual people succeed in their careers. Every representation is a partnership that is defined not just by winning the case but more importantly by tangibly advancing the client’s broader business objectives.

What are you most proud of as a lawyer?

As an environmental attorney, I’m most proud to help clients navigate some of the most challenging and significant issues facing their businesses and the public. This was best highlighted in the work our team did for the City of Newark when it faced a lead in water crisis that created substantial financial challenges for the city’s government as it worked tirelessly to protect the health of the city’s residents.

Our litigation representation and environmental counseling protected the city from costly and unnecessary activities demanded by an overly aggressive NGO, twice defeating attempts to obtain inappropriate and potentially ruinous preliminary injunctions. Those efforts paved the way for the city to complete a landmark lead service line replacement program that now serves as a model for cities across the country.

The letter of thanks I received from the mayor, along with the acknowledgment plaque from the city’s Water Department, remain my most cherished and proud moments as a lawyer.

Who is your greatest mentor in the law and what have they taught you?

B&D’s former Chairman, Ben Wilson. Above the technical aspects of doing excellent legal work, my greatest mentor in the law has provided me with the consummate example of how to be a great lawyer who can also have great impact. Ben has shown me through his guidance and his example how to create a meaningful career that not only builds your own practice but also contributes to the advancement of those previously shut out from opportunity, which has the added benefit of fostering the growth of a better legal profession.

Ben is the 2022 recipient of the Environmental Law Institute Environmental Achievement Award, and the 2021 recipient of American Lawyer’s Lifetime Achievement Award, hallmarks of an unparalleled legal career. His dedication to environmental law and diversity, equity and inclusion in the legal profession drives me to succeed and to do so with impact, always remembering those whose efforts paved my way while also paving new roads for future lawyers to travel.

Tell us your two favorite songs on your summer music playlist.

Marvin Gaye – “Got to Give It Up.” This has been a perennial summer song since I was young. Any time it plays I am immediately transported to a cookout/picnic.

And Outkast’s “SpottieOttieDopaliscious,” another perennial favorite. This song goes in the opposite direction of my first choice in terms of style, but there is no better song to listen to while relaxing.

Roy Prather of Beveridge & Diamond, his wife, Dr. Kristal Prather, and their three sons.

Credit: Roy Prather and Jonathan Hurtarte/Bloomberg Law