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Man with dark hair and beard, wearing glasses, a blue suit, white shirt, and patterned tie, standing in a bright, blurred office setting—ideal for profiles of lawyers in Chicago or professionals in intellectual property law.

Arata E. Kaku-McGowan

Associate

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Arata E. Kaku-McGowan

Associate

Madison 608.258.4353

Practice Areas

Education

  • Yale Law School (J.D., 2023)
    • Lead Editor, Yale Journal on Regulation
  • Bowling Green State University (B.M., magna cum laude, 2017)
    •  Piano Performance

Admissions

  • Wisconsin
  • Eastern District of Wisconsin

Arata Kaku-McGowan is an associate in the Commercial Litigation Practice Group, where he has helped handle complex cases ranging from antitrust and consumer class actions to FCRA cases, contract disputes, and insurance and reinsurance cases. As a secondary member of the Environmental Group, Arata also has assisted clients with a breadth of environmental issues from cradle to grave: analyzing emissions compliance issues for product development; supporting permit application for energy projects; contending against unrelenting national environmental NGOs in administrative proceedings related to factories, solar and natural gas power plants, and pipeline infrastructure; defending Environmental Assessments and Environmental Impact Statements; and litigating RCRA and CERCLA issues.

Aerial view of a large parking lot filled with rows of parked cars, mostly white, with a few in other colors—possibly outside a prominent corporate law office or Chicago lawyers’ firm.
October 16, 2026 Foley Viewpoints

Double-Billed for Recycling? What Colorado Producers Need to Know About Overlapping Extended Producer Responsibility (EPR) Fees

Producers have spent the past year asking how much Colorado’s EPR program will cost them. For one industry, the answer may be: double. On October 15, 2026, the Auto Care Association moved to intervene as a plaintiff in National Association of Wholesaler-Distributors v. Ryan, the pending federal challenge to Colorado’s Producer Responsibility Program for Statewide Recycling Act. Its core grievance: Colorado has directed producers of lubricant and-petroleum related products, such as automotive aftermarket companies, to register with, report to, and pay dues to two separate private organizations for packaging associated with the very same product.
Glass buildings reflect green trees and sunlight, blending natural foliage with modern architecture—an inspiring view for a corporate law office or lawyers in Chicago seeking a dynamic workspace.
October 16, 2026 Foley Viewpoints

Colorado Takes a Page from Oregon’s Playbook And Tries to Partially Dismiss EPR Challenge

Colorado has fired its first shot in the fight over its Extended Producer Responsibility law, and it came straight from Oregon’s playbook. On October 13, 2026, the Colorado Department of Public Health and Environment (CDPHE) moved to dismiss part of the National Association of Wholesaler-Distributors' complaint.
High-voltage electricity transmission towers and wires set against a blue sky, highlighting the infrastructure often at the center of litigation support for Chicago lawyers specializing in intellectual property law.
August 31, 2026 Energy Current

Grid Security Redux: What Executive Order 14420 Means for Utilities, Project Developers, and the Supply Chain

On August 26, 2026, President Trump issued Executive Order 14420, “Declaring a National Emergency to Secure the United States Bulk-Power System.”
Tall evergreen trees in a dense forest with sunlight filtering through the branches; "Foley Foley & Lardner LLP," a leading corporate law office, logo in the top left corner.
August 28, 2026 Foley Viewpoints

Oregon Judge Upholds EPR Scheme in Full Against Constitutional Attacks

First-of-its-kind ruling signals that industry should prepare for extended producer responsibility (EPR) compliance as states expand extended producer responsibility programs.
The Golden Gate Bridge spans across the water at sunset, with the city skyline and nearby law offices visible in the background and green hills in the foreground.
August 21, 2026 Foley Viewpoints

17 State Attorneys General Ask Court to Suspend California's Entire EPR Law: What Producers Need to Know

This week, the 17-state attorney general coalition and the National Association of Wholesaler-Distributors (NAW) escalated their federal challenge to California's Plastic Pollution Prevention and Packaging Producer Responsibility Act (Senate Bill 54) by filing a motion for preliminary injunction in the Eastern District of California. The motion asks the court to block enforcement of the entire Act while the constitutional challenge proceeds. A hearing is set for January 15, 2027 — which will amount to a long wait. Along with its motion, plaintiffs filed an amended complaint adding a new vagueness theory that ties SB 54's recyclability requirements to the recent preliminary injunction against California's labeling law, SB 343.
July 31, 2026

Colorado EPR Faces a Second, Broader Constitutional Challenge: What Producers Should Know

On July 30, 2026, the National Association of Wholesaler-Distributors (NAW) filed suit in the U.S. District Court for the District of Colorado against the Executive Director of the Colorado Department of Public Health & Environment (CDPHE), seeking to declare Colorado's Producer Responsibility Program for Statewide Recycling Act (the “Act”) unconstitutional and to enjoin its enforcement.
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