Defending Against PFAS Liability Claims: Expansive Regulation, Mitigating Client Risk, Defense Strategies, and More

About the Course

Introduction

This CLE webinar will examine the current state of PFAS litigation, including a discussion of the potential impact of developing federal and state PFAS regulation on the volume and risk of litigation for an increasing number of companies. The panel will examine notable recent litigation and novel defenses being used. The panel will also offer best practices for counsel and their clients to mitigate the risk of PFAS claims and defense strategies.

Description

Increasing state and federal regulations continue to affect the scope of potential PFAS liability for more companies. Recent targets of litigation have expanded beyond PFAS manufacturers to include those that use PFAS in their finished products or in packaging or components of their products, as well as in their manufacturing and agricultural practices. Claims for PFAS liability now include environmental claims, personal injury, mass torts, consumer class actions, and more.

When bringing PFAS claims, plaintiffs must demonstrate, among other things, that the defendants' conduct caused their alleged injuries and establish court jurisdiction over the defendants. Defendants are developing novel defenses as the scope and nature of PFAS-related litigation changes. Therefore, counsel should understand how to best help clients mitigate the risk of a PFAS claim and prepare a defense once a claim is made.

Listen as our expert panel of litigators discusses the state of PFAS litigation and how companies can best defend against ever-evolving PFAS claims. The panel will address recent litigation and defense strategies and offer best practices for mitigating the risk of claims.

Credit Information

This 90-minute webinar is eligible in most states for 1.5 CLE credits.
Choose a State

Live Online

On Demand

Date + Time

event
Tuesday, December 10, 2024
schedule
1:00 p.m. ET./10:00 a.m. PT

What is PFAS?
1. Varying definitions – USEPA TSCA, States, OECD
2. Regulated PFAS of interest
Recent federal and state regulatory initiatives
1. Federal regulations
  1. CERCLA “hazardous substance” rule
  2. Safe Drinking Water Act rule
  3. TSCA reporting rule
2. State regulations
  1. Consumer product bans/reporting
  2. Regulatory standards (groundwater, NPDES)
Update on the AFFF MDL and other key cases
1. Categories of cases
2. Status and next steps
3. Status of other cases outside MDL
Types of Litigation Claims
1. Environmental
  1. Overview of current claims and defendant targets
  2. Expectation for how these claims will evolve in coming years
  3. Specific issues and defense strategies
2. Personal injury and property damages
  1. Overview of current claims and defendant targets
  2. Expectation for how these claims will evolve in coming years
  3. Specific issues and defense strategies
3. Consumer class actions/green claims
  1. Overview of current claims and defendant targets
  2. “PFAS free” statements and certifications
  3. Expectation for how these claims will evolve in coming years
  4. Specific issues and defense strategies
Insurance potentially available for PFAS litigation and liability
1. Overview of contractual vehicles for risk-spreading (indemnities, insurance, and beyond)
2. Potentially available insurance for environmental and bodily injury claims
3. Potentially available insurance for consumer class actions
4. A word about defense duties for PFAS-related claims
5. Practice insurance pointers for seeking PFAS-related coverage
Addressing PFAS insurance issues in transactions
1. Considering required insurance provisions in PFAS-related contexts
  1. Types/amounts of required insurance
  2. Additional insured provisions
  3. Other insurance-related provisions
2. Role of representations and warranty insurance
Q&A

The panel will review these and other important considerations:

How has the scope of PFAS litigation grown in recent years?
As a result of expanded federal and state PFAS regulation, who are now potential targets of PFAS claims?
What types of PFAS claims are increasing? What novel defenses are being used as a result?
What are best practices for mitigating risk of PFAS liability claims
How can counsel best prepare their clients to defend against possible PFAS claims?