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Per- and polyfluoroalkyl substances (PFAS)

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Overview

Per- and polyfluoroalkyl substances (PFAS) are a group of man-made chemicals that includes PFOA, PFOS, GenX, and many other substances. Widely used and persistent, these chemical components break down very slowly over time. As a result, varying levels of PFAS have been found in water, air, fish, and soil at locations across the globe.

In recent years, there has been an increase in both regulation and litigation related to PFAS usage. Several companies have already reached settlements with the states and private plaintiffs for tens to hundreds of millions of dollars. With the release of the Environmental Protection Agency’s (EPA) roadmap to further regulate PFAS, more litigation is expected to follow.  

Bates White has helped companies to value their PFAS exposure and reach resolutions in their cases. It is also becoming increasingly important for companies to assess their potential exposure outside of litigation as well.

Companies should consider the financial risks associated with PFAS as they evaluate mergers, acquisitions, insurance needs, and meet their financial reporting obligations to investors. 

We offer in-depth experience helping companies navigate the myriad of issues surrounding PFAS litigation valuation and potential risks. Our insights have helped clients develop educated litigation valuations, reach resolution, and make informed business decisions outside active litigation.

Selected Work

  • Class action litigation—Provided expert economic analysis on behalf of an industrial company facing various class-wide damages claims related to their PFAS usage. Analyzed the underlying economic framework and the viability of a class wide damages methodology.
  • Risk assessment—Evaluated potential financial risk from future litigation related to PFAS usage by an industrial company. Jointly retained by the acquiring and the target companies evaluating a possible merger and insurance needs.  
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