By admin
Outside counsel handling a chemical-incident defense rarely describe their corporate client as “calmest, coolest, most in-charge.” That word choice belongs to AZA partner Kyle Poelker, who worked the La Porte litigation for LyondellBasell on behalf of his firm Ahmad, Zavitsanos & Mensing. Poelker’s portrait of LyondellBasell general counsel Jeff Kaplan tracks across multiple senior partners in Houston who have worked with him.
The Brief
A chemical release at LyondellBasell’s La Porte facility in July 2021 killed two workers and injured many more. Dozens of lawsuits followed. Initial damage projections ran into the billions. Kaplan’s 65-attorney legal department, working with AZA on the outside-counsel side, handled the response. Kyle Poelker and Todd Mensing handled the matter for the firm. Both have served as partners at Ahmad, Zavitsanos & Mensing for years, and the firm has built a Houston reputation for handling complex commercial and catastrophic incident and mass-tort matters.
What Kaplan Gave the Outside Team
Poelker summarized the working dynamic during the matter: “As LYB’s outside counsel on this incident, we can testify firsthand to the thoughtful decisiveness that Jeff displayed when important strategic decisions arose.” He added: “Indeed, Jeff never got over-burdened by the magnitude of the event but instead proceeded rationally, as a partner, to help us navigate towards the best outcome. ”
What the Outside Team Delivered
Mensing spoke to the outcome side: “The results were exceptional, and unlike those seen by other companies facing similar claims. LYB was able to resolve those claims with little out-of-pocket money by leveraging legal arguments and trial readiness.” He also addressed Kaplan’s role at the company over the longer arc: “Jeff’s longevity proves that he is the real deal — one critical stakeholder after another has recognized his irreplaceable value. He has a keen ability to read the room and effectively communicate, even in stressful circumstances.”
What the Result Showed
Disposition outcomes for the La Porte litigation showed Kaplan’s approach in concrete terms: 45 cases dismissed on summary judgment, 20 settled at nuisance value, three resolved with indemnitor funds, fatality settlements fully recovered through coverage litigation, a defense verdict in the OSHA trial, and a state regulatory matter resolved for a nominal amount. The Association of Corporate Counsel’s Houston Chapter and The Texas Lawbook honored Kaplan’s department this month with the 2026 Houston Corporate Counsel Award for Legal Department of the Year.
