PFAS and Emerging Contaminants

Litigants and regulators across the country are increasingly turning their attention to perfluoroalkyl and polyfluoroalkyl substances (PFAS). These emerging contaminants come from a wide variety of sources and have been used in myriad ways in the US and globally since the 1950s for their unique ability to repel oil, water and heat. Thus far, litigation and regulation have tended to focus on certain common PFAS compounds—such as perfluorooctanoic acid (PFOA), perfluorooctane sulfonate (PFOS), and perfluorononanoic acid (PFNA)—but that focus is expanding. PFAS litigation and regulation is growing, and to what extent these activities will affect your company is still largely unknown.

For years, our attorneys have studied the increasing variety of legal claims in courts across the country alleging PFAS contamination. Our team is respected as not only thought leaders, but experienced counsel, for companies who need to protect their businesses from these increasing risks.

PFAS issues span industries, so we’ve intentionally built our team to match the variety of challenges companies are facing—bringing the sector-focused insights needed to deliver solutions tailored to your specific challenges. We work with the top scientists in fields concerning all aspects of PFAS, from appropriate test methods to root cause analysis to mitigating PFAS risks to treating and remediating PFAS in various media to establishing science-based, effective defense strategies.

Our attorneys are actively engaged on major PFAS litigation – leveraging cutting-edge science and novel legal theories to defend clients while protecting their business. A few select examples of many:

Lead counsel in largest PFAS MDL in the country

We are vigorously defending a global corporation in multidistrict litigation involving allegations that a foam used to suppress large gasoline fires contains PFAS and is hazardous to human health. The suit—which involves personal injury claims, property damage claims, and claims that allege detection of PFAS in water systems—is the subject of international and political interest and will impact most future PFAS litigation.

Science-focused defense for global apparel brand

This confidential matter has nationwide implications as one of a handful of claims against a global textile company concerning alleged PFAS products, including claims of exposure pathways. The matter involves cutting-edge science and the management of nationally known scientists and new legal theories. We successfully kept our client out of the headlines as a wave of consumer product PFAS litigations hit US court dockets.

Precedent-setting food packaging dispute

The matter is one of a handful of claims associated with PFAS in food packaging and holds significant precedential weight. Included in the representation is the engagement of nationally renowned experts and advancing core legal theories which may impact the ability of claimants across the US to bring such claims against similarly situated companies.

Halting class actions in the cosmetic industry

We are closely monitoring and actively defending against the wave of PFAS-related consumer litigation that is targeting the cosmetic and personal care industry and have been successful in halting several threatened class action suits. Our strategy includes partnering with top experts who specialize in both PFAS and cosmetics to effectively defend against various theories of contamination and exposure alleged by plaintiffs.

With over 70 PFAS laws and regulations—and growing—proactive compliance has never been more difficult. We help clients navigate the law with consistent, sustainable approaches to avoiding enforcement actions, incorporating the leading science for detecting and removing PFAS.

Superfund site compliance

We advise multiple industrials clients and interact with the EPA to navigate compliance and contribution claim risks associated with Superfund cleanup sites across the US.

State cleanup actions

We advise numerous industrial, agricultural, and defense industry clients addressing state cleanup actions in multiple US states and regions.

Product risk assessments

We represent multiple high-profile apparel, food, consumer care, and cosmetic brands regarding PFAS risk assessment and mitigation.

State AG Actions / Investigations

We advise a global entity as lead counsel in statewide actions brought by the Attorneys General of CA, IL, and FL on PFAS use, handling, manufacturing, and distribution.