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Name and title: Gregory Fess, general counsel Age: 60 Company profile: Brookhaven National Laboratory, established in 1947 in Upton, N.Y., is among the network of national labs � Oak Ridge, Los Alamos, Lawrence Livermore and Lawrence Berkeley are among the most familiar � overseen by the U.S. Department of Energy (DOE). Although government-owned, Brookhaven and the other national labs are operated by contractors � in Brookhaven’s case by Brookhaven Science Associates (BSA), a partnership of the Battelle Memorial Institute, a large research nonprofit corporation headquartered in Columbus, Ohio, and the Research Foundation of the State University of New York, which acts on behalf of its Stony Brook University. BSA, in turn, is governed by a 16-member board of directors, five appointed by the Research Foundation, five by Battelle and one each by six of the nation’s premier research universities � Columbia, Cornell, Harvard, Massachusetts Institute of Technology, Princeton and Yale. The complex ownership and management of the lab doesn’t seem to have impeded the scientific work. Discoveries at Brookhaven have garnered six Nobel Prizes. The lab staff numbers 3,000 scientists, engineers, technicians and support staff. Each year, more than 4,000 guest scientists from Fortune 500 corporations, the National Aeronautics and Space Administration, the National Oceanic and Atmospheric Administration and foreign research centers work at the lab for varying periods of time. Brookhaven is home to a number of one-of-a-kind research tools like the Relativistic Heavy Ion Collider, which smashes subatomic particles to give scientists a glimpse of the dynamics of the Big Bang. Areas of research at Brookhaven include quantum physics, life sciences, nanoscience, brain imaging probing obesity and addiction, and futuristic approaches to counterterrorism and homeland security. “We operate grand machines on behalf of the American people, if you will, because their tax dollars pay for them,” Fess said. Route to present position: Fess is native of Toledo, Ohio, who graduated from Miami University, in Oxford, Ohio, with a degree in political science in 1967. He graduated in 1971 from the Georgetown University Law Center. Following law school, he served as municipal prosecutor in his hometown. “I was a litigator, a prosecutor, but because I went to Georgetown I had a lot of buddies in [Washington],” Fess said. “I stayed in touch and they told me about an exciting new area of the law called nuclear power-plant licensing.” In 1974, Fess went to work in Washington for the U.S. Atomic Energy Commission. In 1979, he moved over to the newly revamped Department of Energy, working on nuclear energy policy. In 1981, he returned to litigation, representing DOE in nuclear licensing cases. In 1989, he was summoned to the Rocky Flats Nuclear Weapons Plant in Golden, Colo. “I got a call asking if I can assist in the defense of the plant, because the FBI and [Environmental Protection Agency] were combing through the facility looking for evidence of illegal and surreptitious destruction of nuclear waste,” Fess said. “The allegation was that personnel were burning waste at night, which was not true, but there was enough evidence that the FBI raided the plant.” Fess stayed at Rocky Flats for two years and was named chief counsel for the plant. He left in late 1991 to take the position of chief counsel at Battelle’s Energy Systems Division in Columbus. “I am a Buckeye, and I took a job that took me back home,” Fess said. In 1995, Battelle assigned him as legal adviser to the Pacific Northwest National Laboratory, in Richland, Wash., where he stayed until joining Brookhaven in 1997. “The labs are contributing to the growth and health of our country and the planet by seeking answers to the most basic questions,” Fess said. “It appeals to my nature to be part of that. Plus, it’s a fun job. I get to work with really smart people.” Legal team and outside counsel: The Brookhaven legal department, in addition to Fess, has five attorneys plus support staff. Two attorneys are assigned to general practice, including human resources, contracts, procurement and litigation management. Two attorneys focus on intellectual property (IP), with the fifth assigned to work with outside counsel. “We produce a fair amount of IP,” Fess said. Outside firms include the Garden City, N.Y., office of Nixon Peabody for environmental litigation; Morgan, Lewis & Bockius’ New York office and the Boston office of Chicago-based Seyfarth Shaw for human resources; McKenna Long & Aldridge’s Washington office for government contracting; the Washington headquarters of Hogan & Hartson for lobbying and political activities; and Harmon, Wilmot, Brown & Bagwell in Washington for international dealings. Daily duties: The complex ownership and management of the Brookhaven lab require a good deal of legal management. “I have to make sure the Department of Energy is happy with our performance operating and managing this facility,” Fess said. “DOE has oversight authority that it exercises robustly. I manage the relationship � or try to � between the laboratory, the corporation and the government. Happily, we are not publicly held, so I don’t have to worry about that. I don’t think I’d be very good at mergers and acquisitions.” Brookhaven lab has cooperative relationships with research labs in Japan, Germany and Switzerland, plus a steady flow of foreign scientists. All of that requires legal documentation. Besides his duties at the lab, Fess serves as general counsel and secretary to Brookhaven Science Associates. Personal: Fess is a wine connoisseur and a patron of the local art scene, but what distinguishes him most outside the office might be his voice. He is a member of the St. Cecilia Chorus in New York City and has performed six times at Carnegie Hall. He’s also run with bulls in Pamplona, Spain. “You could call it a midlife crisis. I wanted to see if I could still do it,” Fess said. “I didn’t get gored, but I was run over.” Last book and movie: World Without End, by Ken Follett, and The Pickpocket. “I am trying to perfect my French, so I watch at least one French movie a week.”

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