PFAS

A&O Shearman’s market-leading global team address PFAS risk and liability, offering strategic advice on disputes, mass tort and class-action litigation, risk management, and compliance with new and anticipated regulations.

Our dedicated, global PFAS team has extensive environmental compliance and disputes expertise meaning we are uniquely positioned to support and advise on the complex and rapidly evolving legal and regulatory landscape regarding PFAS in the U.S., EU, UK, APAC, and beyond.

PFAS (per- and polyfluoroalkyl substances) are under increasing scrutiny from regulators worldwide, with evolving legal regulations ranging from restrictions on their use, production, and import to outright bans. These include the EU’s Regulation on the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH) and the EPA’s oversight of PFAS contamination and reporting in the U.S.

Governmental enforcement actions and settlements are on the rise to address PFAS contamination in soil, groundwater, and drinking water. While manufacturers are the primary targets, site owners and operators with historic contamination also face growing risks.

Private litigation is likewise increasing as individuals and companies seek compensation for environmental and health damages. Claims range from nuisance and personal injury to false claims and advertising.

A&O Shearman is at the forefront of these developments, offering cross-discipline and cross-jurisdiction PFAS expertise advising corporates, governments, and institutions on their most significant and complex PFAS-related challenges. These include:

Disputes, litigation exposure and risk
Transactional due diligence and contractual negotiations
Investigations into historic PFAS use and potential liability
Environmental and regulatory compliance
Issues impacting governance, risk management—including corporate structuring strategies to mitigate latent liabilities—and regulatory compliance

Given the vast array of products that include PFAS compounds and the widespread presence of these substances in the environment, the breadth of PFAS-related legal challenges is vast. A&O Shearman utilizes its global reach to remain up to date with these legal challenges and developments.

Representative matters

Dow in State of Maine v. 3M et al., a product liability action stemming from alleged contamination of groundwater, surface waters, soils, and wildlife by PFAS. Secured a complete dismissal with prejudice.
Dow in Trueblood-Lehr v. 3M et al., a wrongful death action stemming from alleged exposure to per-and polyfluoroalkyl substances (PFAS). Secured a complete dismissal. · Dow in numerous per- and polyfluoroalkyl substances (PFAS)-related lawsuits that are consolidated in the aqueous fire-fighting foam (AFFF) multi-district litigation in South Carolina.
A major chemical company with an investigation into historic PFAS use and potential liability.
An industrial solutions provider on emerging risks related to PFAS in different jurisdictions.
A large U.S. packaging group on the acquisition of a global business from a French company. The deal raised major environmental law issues in terms of site contamination, environmental and mining permit transfers, liabilities, and the raising issues around PFAS.
A public authority on a highly publicized PFOS pollution scandal relating to a major contamination in Zwijndrecht (port of Antwerp), and the related parliamentary and criminal investigations. We also assisted in the specially created Parliamentary Investigation Commission (“Parlementaire Onderzoekscommissie”), the first one created in more than 20 years, a unique procedure that combines political, legal, and strategic issues.

A global industrial packaging manufacturer and ACE on the new Packaging and Packaging Waste Regulation, and on the impact of the proposal for a generic PFAS restriction (and the Annex XV dossier to that purpose) and the relevance for the packaging sector.
A leader in specialty chemicals on pollution issue in Kallo (Belgium). Our advice related to the client's potential exposure to liability over PFAS contamination and on recovering damages from a neighboring company that caused the pollution.
A multinational manufacturing company (i) on the borderlines between REACH, Low Voltage Directive, RoHS, and CE marking for certain appliances, and (ii) on the impact of supply interruption for PFOS containing raw materials, triggered by the Flemish regulator’s suspension of the PFOS manufacturer’s operations.