Toxic Tort and ESG

Based in Paris and seamlessly integrated with our London office, our Toxic Torts and ESG team offers a unique, end-to-end service that spans the full life-cycle of environmental and product-related risks. This includes defending clients in complex civil litigation, steering clients through regulatory and other investigations, and challenging adverse decisions made by public bodies following such investigations.

Our expertise covers a wide range of disputes – from environmental contamination to plaintiff personal injury cases involving product or workplace exposure to health hazardous substances. In addition, we have significant experience in preventing disputes by advising large national and multinational companies on how best to manage toxic tort risks.

Our track record is unmatched in France. During the past decade we have represented clients in more than 8,000 individual cases involving alleged exposure to chemicals and other hazardous substances. This volume of work has given us granular insight into how French courts deal with such cases. We translate that know-how into decisive advantages for our clients. For example, our in-depth knowledge of the French Courts allows us to mitigate the “home court advantage” often enjoyed by individual plaintiffs.

We are truly passionate about our work which means we enjoy getting to grips with the technical details of each case and understanding our clients’ business. Our strategy is therefore focused on bringing together scientific, legal and practical industry knowledge. This approach has produced great successes such as reversal of significant earlier case law and creation of new pro-company French case law. Some of our cases have been cited in the French Civil Code and the Social Security Code, an achievement reserved for cases of exceptional significance.

Success in toxic-tort litigation demands more than courtroom skill; it requires fluency in the underlying science and significant industry knowledge. With about 80% of our clients being in the manufacturing sector, we are very knowledgeable about plant operations and relevant corporate duties, works-council and trade union dynamics. This enables us to move quickly and efficiently from day one.

Clients also value our ability to bridge legal cultures. We work closely with US in-house counsel to demystify the challenges of French litigation for senior management and align litigation strategy with global business objectives. When disputes involve other jurisdictions, our London colleagues are able to assist, ensuring consistent cross-border arguments and streamlined management of evidence.

There is a close connection and often an overlap between legal and regulatory frameworks governing product liability, toxic tort and ESG issues. Companies often have to grapple with all three areas of risk which should be a coordinated effort. We are equally versed in all three areas of expertise and can provide clients with comprehensive support. More information about our Product Liability area of expertise can be found here.

Our Insurance and Re-Insurance team also works in tandem with our Toxic Tort and ESG specialists to align risk transfer with litigation, regulatory and governance strategy across Environmental and D&O policies. We advise on wording, placement, coverage and claims to optimise indemnity and defence, and feed insurance insights into incident response and ESG risk management. More information about our Insurance and Re-Insurance team can be found here.

Above all, we approach every engagement with the professionalism, diligence and respect for our opponents that French courts have come to expect from us. Whether advising on ESG obligations, conducting internal risk assessments or litigating “bet-the-company” claims, we combine rigorous analysis, attention to detail and innovative approach with an unwavering commitment to our clients’ commercial goals, delivering results that protect both reputation and balance sheet.