Gaëtan de Robillard

Product Liability

Industrial Risk/Food

• Representing a European supplier of raw foods in relation to a sesame scandal involving the discovery of excessive amounts of ethylene oxide, a carcinogenic substance, in sesame seeds. We handled investigations, negotiations with the relevant authorities and clients in the onward supply chain, as well as preparation of claims against the original sesame supplier.

Industrial Risk

• Representing a US electric equipment manufacturer in relation to a court-ordered investigation, in addition to an investigation by the BEA (a French government agency authorized to investigate accidents posing significant industrial risk), following a fire at a major European data centre causing significant disruption to online services.
• Representing a European engine parts manufacturer in relation to a court-ordered investigation, in addition to an investigation by the BEA-Mer (a French government agency authorized to investigate accidents posing significant industrial risk), following an accident on a passenger ferry resulting in an emergency evacuation of the passengers and the crew.
• Representing a US technology company in relation to expert determination proceedings relating to the functioning of emission monitoring systems installed at two electricity plants operating in a French overseas territory. A complex case involving marine environmental issues and concerns for disruption to the local community.

Toxic Tort

Toxic Tort/Asbestos Anxiety

• Representing leading manufacturers and large industrial groups in relation to more than 10,000 separate claims in more than 10 different courts in France filed by individuals on the grounds of their anxiety to develop an asbestos-related disease in the future (“fear of cancer” cases).
• Representing leading manufacturers and large industrial groups in relation to more than 600 separate claims in different courts in France filed by former employees claiming to have developed asbestos-related diseases.

Toxic Tort/Pollution

• Representing a multinational company in the proceedings concerning the discovery of pollutants (asbestos, hydrocarbons) and structural issues on the site of a major rejuvenation project for the conversion of an industrial site in France into a cultural campus and offices. The proceedings and related expert investigation concerned the issues of the origin of the pollutants, allocation of liability and the damage suffered due to delay and remedial works.

ESG/Litigation

• Representing a global manufacturer of electrical power management products, in relation to a “climate justice” claim brought by an environmental NGO in France seeking to establish the client’s liability for pollution around one of the client’s sites due to alleged non-compliance with air monitoring and quality regulations. Establishing liability would enable compensation claims from local residents through follow-on litigation.

ESG/Compliance

• Advising a US clothes manufacturer in relation to an investigation by the French authorities into the allegations of greenwashing in respect of its carbon-related claims due to alleged insufficient transparency and other poor sustainability efforts.
• Representing a US electronic product manufacturer in relation to allegations of using conflict minerals as raw material for the manufacturing of its products; advising the client on their obligations under the EU’s Corporate Sustainability Reporting Directive, French law on the corporate duty of vigilance, potential civil and criminal liability.

Product Safety

• Representing a US manufacturer of agriculture engines in relation to an investigation by the French authorities and in claims filed by users.
• Representing a US manufacturer of automotive parts in a dispute with a multinational automotive manufacturer concerning alleged defective engine parts. The dispute is worth in excess of EUR 100m.