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Per- and Polyfluoroalkyl Substances (PFAS)

Overview

Per- and polyfluoroalkyl substances (PFAS)—also known as “forever chemicals”—are a large family of fluorinated chemicals made up of a chain of linked carbon and fluorine atoms. PFAS have historically been used in multiple applications across a broad range of industries, including aviation, personal care products and cosmetics, biotechnology, construction, electronics, paper, plastics, and pharmaceuticals. For more than two decades, PFAS have been the subject of litigation and the target of regulatory efforts, largely due to their alleged exposure-based health impacts. As in many environmental and “toxic tort” litigations, experienced and enterprising plaintiff firms have been refining and improving their strategies for attacking companies involved with PFAS at all levels, and significantly broadened the scope of potential defendants to target.

MG+M has been a leading defense firm in PFAS-related litigation and counseling since the onset of PFAS litigation. Leveraging more than 18 years of PFAS-specific experience and utilizing the technical backgrounds of our attorneys, including toxicology, epidemiology, public health and environmental science, we thoroughly understand PFAS-related science and medicine and the associated nuances and obstacles companies face with PFAS litigation and regulatory compliance. With firsthand, in-house experience, our attorneys comprehensively navigate the intricate legal, business and scientific challenges PFAS clients face.

MG+M’s PFAS litigation and counseling group advises clients on regulatory compliance, best practices for PFAS-related issues, litigation avoidance and defense strategies. When working with PFAS clients, we collaborate with the country’s best experts and investigators and “partner” with our clients to skillfully and efficiently advise them through legal, regulatory and scientific challenges. MG+M also works with its clients to pinpoint other potential sources of contamination and identify federal and state funding sources for PFAS mitigation and/or remediation. We assess PFAS risks and other emerging issues that can lead to further problems, including excessive costs, future liabilities and potential threats of litigation. If litigation arises, our team collaboratively works with our clients to determine the most favorable approach to resolution. MG+M’s innovative litigation strategies have led to unprecedented success in driving down defense and indemnity costs for its PFAS clients.

We provide knowledgeable advisory services to financial institutions, including investment banks, private equity firms, hedge funds, other investment firms, and similar entities, on matters related to PFAS. Our services encompass comprehensive counseling for individual portfolio clients on PFAS-related issues, offering guidance on corporate transactions, regulatory compliance, risk management and mitigation strategies. Additionally, our team can serve as a consultant, assisting with investment decisions and strategies by evaluating PFAS-related risks and opportunities, ensuring that investments align with regulatory standards and environmental considerations. Together, we create tailored solutions to address PFAS concerns, protecting investments from environmental liabilities and aligning with best practices in sustainability and risk management.

MG+M is a member of the Plastics Industry Association.

Experience

  • Serve as counsel for claims related to PFAS contamination at commercial airports across the United States.

  • Represent a leader in the plastics manufacturing industry in matters involving groundwater contamination and regulations regarding underground water and sewers.

  • Defending a product manufacturer in a federal court class action filed in Massachusetts related to PFAS.

  • Defending a chemical distributor against a federal court personal injury action related to PFAS filed in South Carolina.

  • Advise leading industry enterprises on handling PFAS claims and avoiding potential litigation.

  • Defending a chemical distributor against a federal court class action filed in South Carolina related to PFAS.

  • Defending a water utility company in a state class action in Connecticut related to PFAS.

  • Defending a former product manufacturer in a federal court action related to PFAS brought by a water utility company.

  • Handled numerous civil claims asserted by private landowners and governmental entities that involved alleged pollution and contamination of soil, surface waters and groundwater, and coordinated with various state, local and federal regulatory agencies to implement and design assessment and remediation efforts.

  • Defending a product manufacturer in a state court personal injury action related to PFAS filed in Massachusetts.

  • Over the past two decades, acted as lead counsel in developing and implementing strategies for handling PFAS use and contamination and potential liabilities for an international manufacturing conglomerate in the U.S., Canada, South America and Europe.

News + Insights

Publications

Speaking Engagements

30th Annual National FETTI Conference, The National Forum for Environmental and Toxic Tort Issues (FETTI)
Plastics Fluoropolymers Conference, Plastics Industry Association