Lawyer Monthly - November 2021 Edition

assumed responsibility for the scene from the initial emergency responders and immediately went to work securing the perimeter, searching for critical evidence, interviewing witnesses and coordinating investigation and recovery efforts with OSHA, the State Fire Marshal, and the other regulatory agencies. This was a complex accident and the explosion devastated the site, so we ultimately remained at the scene for five months as we managed the controlled demolition of the area where the incident occurred and collected the critical evidence needed to prove the cause of the incident. These efforts enabled our client to fully recover the nine-figure value of the loss from their insurer and satisfied the needs of the interested regulatory agencies while preserving the ability of the insurer to pursue subrogation claims against various parties. mobilisation of civil and military resources from all across Mexico in order to rapidly search the rubble of the collapsed building and rescue the survivors. I was on the scene with my team within a few hours of the accident. We joined in the search for survivors and assisted with assessing the structural integrity of the building before turning to our investigative duties. The investigation team remained on-site for seven months in order to complete our work and gather the needed evidence to prove the cause. We also ended up providing testimony before the Mexican Senate and in other judicial proceedings as this incident resulted in criminal charges for some of the involved parties. We determined as a result of our investigation that the explosion was fuelled by naturally occurring methane that accumulated in confined areas of the sub-basement and was inadvertently ignited by a maintenance worker who was smoking in a prohibited area. We used some really cutting-edge science involving isotopic analysis (gas fingerprinting) and radio carbon dating on this project to conclusively prove the origin of the methane. The legacy of this incident is that most commercial buildings with basements in Mexico City are now equipped with exhaust ventilation fans or gas detectors and alarms to prevent future tragedies. As an expert in managing catastrophes, what advice can you offer to corporate and outside counsel who will be the “first responders” to these types of incidents involving their organisations? There is a popular adage often attributed to Benjamin Franklin, “Failing to plan is Can you tell us about one of your toughest or most memorable investigations? For me, one of the toughest investigations I have been involved with was the January 2013 explosion that occurred in downtown Mexico City at the Pemex corporate headquarters office complex. Pemex (Petróleos Mexicanos), which translates to Mexican Petroleum in English, is the state- owned petroleum company managed and operated by the Mexican government. The explosion occurred in the sub-basement of a 12-storey office building late in the afternoon as the siesta was ending, which resulted in the deaths of 37 people and serious injuries to more than 100 others. This explosion drew intense international media attention and caused a major 15 NOV 2021 WWW.LAWYER-MONTHLY.COM