Building products


From providing early case strategy to working on settlement negotiations, we advise our clients in all aspects of mass torts arising from various types of exposures. By using a multifaceted approach, we give our clients the analytical framework to quantify and develop tools for mitigating environmental risk; estimating liability in product recall cases; conducting environmental audits; and coordinating legal aspects that manufacturers, claimants, and/or insurers might face. Our deep, exposure-related experience spans a number of industries, including construction materials, food additives, and hazardous chemicals. Coupled with our compelling and easy-to-understand terms, our analyses are strong enough to withstand the intense scrutiny of trial and ADR proceedings—whether the scope is local, regional, or national.

  • Food additives. In the In re Chemtura Corporation bankruptcy case, Bates White testified on behalf of the Official Committee of Equity Security Holders to estimate the value of personal injury claims, which alleged harmful exposure to diacetyl and butter-flavoring products. We developed a deep quantitative understanding of claims filing and settlement patterns through intensive collection and analysis of data and documentary evidence. Our research-based, analytical model revealed hidden determinants of valuable and valueless claims and reconciled the divergent opinions of other experts.
  • Building products. Bates White served as the lead consulting expert on behalf of a company in the construction industry involved in an insurance dispute. The central question was “What constituted a “covered loss?” Working on behalf of the policyholder, we analyzed claims and separated the share of each claim that was associated with direct product costs (sales and replacement), and therefore not covered by insurance, from the remaining product costs which represented the share for which the policyholder could seek reimbursement. These quantifications and allocations position clients favorably for settlement negotiations.
  • Portfolio of “long-tail” liabilities. In multiple arbitrations, we advised  retrocessionaire Argonaut Insurance Co. in contesting claims that resulted from commutations of reinsurance policies. Our client was able to settle across a large portfolio of thousands of claims, which included a cross section of all ‘long-tail’ liabilities, including asbestos-, environmental-, and medical monitor-related claims.
  • Asbestos. We have provided guidance and advice to Fortune 500 companies, national insurers, creditors, and other parties involved in bankruptcy or other reorganizations related to alleged asbestos liability. You may read more on our extensive experience in this area.