Photo of Joseph S. Kakesh

Education

J.D., with high honors, The George Washington University Law School; Order of the Coif

M.A., Georgetown University

B.A., summa cum laude, Louisiana State University; Phi Beta Kappa

Law Journals

Senior Articles Editor, The George Washington Law Review

Bar and Court Admissions

District of Columbia Bar

Maryland Bar

Joe’s practice includes a broad range of regulatory compliance, environmental litigation, legislative, corporate governance, and transactional matters on behalf of major domestic and foreign manufacturers and trade associations in the consumer technology, chemicals, and industrial equipment industries. He has particular expertise in helping clients understand and comply with product stewardship and extended producer responsibility obligations across the entire product life cycle, including legal and regulatory issues related to the sourcing, manufacture, transportation, recycling, and disposal of a wide variety of industrial and consumer products. Joe also represents clients in numerous regulatory matters and enforcement proceedings before the U.S. Environmental Protection Agency (EPA), the U.S. Food and Drug Administration (FDA), the U.S. Department of Energy (DOE), and several state regulatory bodies.

Representative Experience

Product Stewardship and Extended Producer Responsibility

  • Advises manufacturers, retailers, and recycling organizations regarding compliance with a wide range of consumer product stewardship laws, including those governing the collection, transport, recycling, and disposal of consumer electronics, batteries, and pharmaceuticals.
  • Provides strategic guidance to major battery and consumer technology trade associations regarding the drafting, negotiation, and interpretation of state and federal product stewardship legislation and regulatory rulemaking.

Regulatory Enforcement and Compliance

  • Advises retailers, telecommunications providers, and consumer product manufacturers on storage, recycling, disposal, recordkeeping, and reporting requirements governed by the Resource Conservation and Recovery Act (RCRA), the Emergency Planning and Community Right-to-Know Act (EPCRA), and other environmental laws.
  • Counsels manufacturers on Clean Air Act stationary and mobile source regulatory compliance and enforcement matters, including emissions testing, emissions labeling, importation, and phased emissions compliance programs (TPEM).
  • Advises industrial corporations on requirements governed by the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), RCRA, and other environmental laws regarding the closure, sale, and remediation of contaminated sites.
  • Counsels consumer product manufacturers regarding Food Safety Modernization Act (FSMA) requirements and represents clients before the FDA during voluntary withdrawals, recalls, and other activities governed by the Federal Food, Drug, and Cosmetic Act (FFDCA).
  • Represents consumer product and agricultural chemical manufacturers in EPA enforcement proceedings regarding alleged Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) pesticide manufacturing, registration, and labeling violations.
  • Counsels major consumer technology companies on compliance with testing and energy efficiency standards for products governed by the Energy Policy Conservation Act (EPCA) and related state laws.

Corporate and Transactional

  • Drafts and negotiates agreements on behalf of manufacturers, retailers, and recycling management organizations relating to the supply, manufacturing, recycling, and disposal of pesticides, electronics, and other consumer products.
  • Provides advice regarding regulatory due diligence, corporate governance, and transactional matters for consumer products manufacturers, trade associations, and recycling management organizations.

Litigation and Arbitration

  • Represents consumer products companies in data compensation disputes governed by FIFRA.
  • Represents intervenor-defendants in litigation brought pursuant to FIFRA, the Endangered Species Act, and the Administrative Procedure Act against the U.S. Fish and Wildlife Service and the EPA regarding agency approval of pesticide registration applications. 

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