Insights and Analysis
AI-washing – when AI hype becomes a litigation risk
Caroline Hermann
Senior Attorney Global Regulatory
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Overview
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Experience
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Credentials
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Insights and events
Caroline Hermann advises companies on environmental enforcement and compliance matters involving technically sophisticated and science-driven issues. She works with clients across a broad range of industries, including manufacturing, pharmaceuticals, telecommunications, and transportation. Drawing on over a decade at the U.S. Environmental Protection Agency, she counsels clients with firsthand insight into how EPA evaluates cases and weighs enforcement discretion, bringing that perspective to bear in every matter.
At EPA, Caroline served as Attorney Advisor on civil enforcement matters that produced multimillion dollar settlements resolving violations of the Clean Air Act, Clean Water Act, Resource Conservation and Recovery Act, Emergency Planning and Community Right-to-Know Act, Safe Drinking Water Act, Toxic Substances Control Act, and the Federal Insecticide, Fungicide, and Rodenticide Act. She directed EPA’s national civil penalty program and wrote penalty regulations and penalty policies that continue to shape agency practice. Her work extended into international trade where she developed strategy to combat noncompliant imported pesticides, toxic chemicals, and nonroad engines, advised foreign delegations on environmental components of free trade agreements, and regularly presented to industry on the environmental aspects of trade enforcement.
Caroline brings that same regulatory and trade fluency to Hogan Lovells’ Food & Beverage practice group. At the U.S. Department of the Treasury’s Alcohol and Tobacco Tax and Trade Bureau, she served as Associate Director and later led the Import-Export Program, working closely with U.S. Customs and Border Protection and U.S. Food and Drug Administration on trade compliance and product safety. She now advises food and beverage clients on trade practices, advertising, labeling, formulations, distribution, state and federal excise tax, and customs duties.
Representative experience
Advised client on EPA and state information requests regarding legacy infrastructure
Assisted client and litigation team on FOIA and TSCA confidential business information matters
Advised on civil penalty factors and mitigation strategies for alleged regulatory violations involving legacy and acquired assets
Advised client on complying with TTB trade practice regulations, appellation requirements, federal and state regulations on excise tax
Assisted clients on FIFRA registration and labeling compliance for antimicrobial products
Advised litigation team on trademark and customs matter involving unauthorized importation of client’s branded product
Advised clients on federal ingredient standards and labeling requirements for flavoring additives
In re: Deepwater Horizon, secured EPA’s $4,300 per-barrel Clean Water Act penalty and nearly $1 billion in additional exposure against BP after identifying Coast Guard’s inflation adjustment errors
In U.S. v. McWane Inc., represented EPA in $4m civil enforcement multimedia action covering 28 facilities across 14 states*
In U.S. v. Formosa Plastics, represented $2.8m multimedia settlement against major petrochemical manufacturer across facilities in Texas and Louisiana*
In U.S. v. Equistar Chemicals, represented EPA in $2.5m multimedia action against LyondellBasell subsidiary covering 7 olefins facilities across 4 states*
In U.S. v. Teva Pharmaceuticals, led EPA headquarters role in $2.25m multimedia settlement at Missouri pharmaceutical facility*
In EPA v. Kmart, resolved enforcement matter involving national retailer, achieving reduced penalties through voluntary disclosure of violations across 17 distribution centers in 13 states*
In EPA v. T-Mobile/MetroPCS, resolved enforcement matter involving national wireless carrier with more than 11,700 cell sites in 15 states, achieving enhanced compliance through voluntary disclosure*
Led EPA headquarters enforcement action resulting in $1.5m penalty against global pharmaceutical company for multimedia violations at Pennsylvania manufacturing facilities*
Resolved enforcement matter involving global financial institution addressing multimedia compliance issues at 32 facilities across 14 states, leveraging audit policy to drive corporate-wide compliance*
*Matter handled prior to joining Hogan Lovells.
Credentials
Education
- J.D., Pace University School of Law, 2000
Bar admissions and qualifications
- District of Columbia