Sylvie Gallage-Alwis

Product Liability

Life Science/Litigation

• Representing a vaccine manufacturer in relation to claims filed by patients concerning alleged side effects from the vaccine and/or claims by individuals who have refused to be vaccinated requesting additional data about the vaccine.
• Representing a European breast implant manufacturer in multiple product liability claims by patients concerning allegations of health risks related to the use of its products.

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 European manufacturer or industrial gasses in a EUR 20m dispute with a multinational corporation arising out of a supply of goods contracts. The case concerns the cause of a disruption in the supply chain, which requires expert evidence, and its categorisation under the contract.
• 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.
• Representing a multinational manufacturer of steel tubes for the nuclear sector in a dispute with its metal supplier, a mining and metallurgical group, in concerning irregularities in the supplied raw materials. Also dealing with parallel investigations by the relevant French authorities.

Industrial Risk/Fire case

• Representing a Korean company specializing in manufacturing batteries for electric and hybrid vehicles, in a number of claims brought by car manufacturers concerning fires/explosions of vehicles and premises where the batteries were stored. We are also handling related investigations by the French Bureau of Investigations.

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.

E-commerce

• Representing a US e-commerce company in relation to the delisting of its mobile shopping platform from the search engines operating in France. This involved regulatory and criminal investigations by the French Authorities and related administrative proceedings. Advising the client on the compliance of its terms and policies with the EU and French law.
• Representing a US online marketplace in infringement proceedings brought by several French luxury brands on the grounds that the products sold would be either counterfeits or in breach of their exclusive distribution network and the platform’s active role in promoting these products made it liable.

Consumer Law/Misleading commercial practices

• Representing a leading mobile technology company in relation to an investigation by ANFR (French National Frequency Agency) concerning compliance with frequency regulations, threat of recall in France and Europe-wide and related consumer management issues. We have also represented the same client in relation to investigations by DGCCRF (French Market Surveillance Authority) and other consumer related government authorities in relation to allegations of planned obsolescence in relation to some of its product upgrades and statements regarding water-resistant qualities of its products.

Consumer Law

• Representing a leading French automotive manufacturer in French group civil proceedings and related investigations concerning allegations of oil issues and related alleged engine failures.
• Representing a European utility company in claims initiated by an environmental organization and, separately, by individuals in relation to alleged health and environmental risks posed by smart utility meters, as well as in relation to consumer protection issues under the company’s General Terms & Conditions.

Product Safety

• Representing a leading US chemical manufacturer in a personal injury claim commenced in the French courts by an individual against a number of chemical manufacturers in relation to the supply of Agent Orange, a herbicide and a defoliant, us ed by the US Army in the Vietnam War to destroy vegetation for the protection of US troops. The case concerns notably the application of a sovereign immunity principle to commercial entities when acting on State’s instructions.

Life Science/Regulatory

• Advising a leading US cosmetics manufacturer on regulatory compliance in relation to the development of hand sanitiser/hydrogel and other new frontier products. The main issue is identifying the boundaries of product classification/regulation between cosmetic and medicinal depending on the product’s formulation, function and form of administration.
• Advising a French company developing 3D printing models of DNA on regulatory compliance in the circumstances where the client’s technological innovation has not yet been specifically regulated. Our work involved reviewing what types of existing regulations may apply, dealing with professional bodies in charge of drafting standards and certification.

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).

Toxic Tort/Asbestos disease

• 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/Chemical Substances

• Representing a US tyre manufacturer in a precedent-setting claim filed by over 500 individuals concerning their anxiety to develop cancer from alleged exposure to chemical substances contained in the tyres and alleged lack of sufficient warning to the end-users of the risks. The total value of the claims is EUR 50m. More significantly, should this claim prevail, it would have enormous consequences for the manufacturing industry as this is a civil claim filed by non-employees and not related to asbestos (which to date is the only substance giving the right to the “anxiety damage”).
• Advising a leading European steel manufacturer in relation to allegations made by employees and other individuals that their finished products and packaging do not conform with permissible levels of lead and some categories of chromium, creating an alleged health risk.

Toxic Tort/PFAS

• Representing a leading French construction company following the discovery of PFAS (“forever chemicals” – complex synthetic chemicals which do not break down easily in the environment and pose health risks) in the sub-soil of one of its sites where an explosion previously occurred. We advise on the relevant regulatory & reporting obligations, handle communications with the local authority on next steps, advise and represent the client on the issue of apportioning liability between the site owner and the client (the tenant), advise on remediation and health & safety obligations.
• Advising a US electronic device manufacturer in relation to regulatory and other potential liability issues in France following the commencement of a class action in the US relating to the alleged lack of transparency on the alleged presence of PFAS (“forever chemicals” – complex synthetic chemicals which do not break down easily in the environment and pose health risks) in its products.
• Advising a US manufacturer of outdoor clothing & gear on its legal obligations related to the permissible limits of PFAS (“forever chemicals” – complex synthetic chemicals which do not break down easily in the environment and pose health risks) in textiles and assisting the client in their objective to become PFAS free by a target date.

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.
• Representing a US technology company in relation to the discovery of tones of used batteries in the sub-soil of one of its French manufacturing sites. We deal with the relevant French authorities, assist the client with investigating and managing the issue internally and prepare a breach of warranty claim against the previous operator of the site.
• Representing a European chemical manufacturer in relation to court-ordered expert proceedings and the subsequent steps following an explosion on their site which killed a worker. PFAS (“forever chemicals” – complex synthetic chemicals which do not break down easily in the environment and pose health risks) was discovered, among other chemicals, during expert analysis. We are handling the client’s defence that PFAS pre-dates their acquisition of the site and are advising on the remedial obligations.

ESG/Litigation

• Advising a multinational manufacturer of essential components for nuclear reactors on its environmental regulatory obligations and compliance in relation to employees’ complaints.
• 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.
• Representing global marketplaces in relation to litigation or disputes/threats of litigation with French state-approved eco-organization, which is tasked with ensuring that marketplaces and other sellers are accountable for the entire lifecycle of their products to reduce waste and promote a circular economy in compliance with the Extended Producer Responsibility Regulation mandated by the French Anti-Waste Law.

ESG/Regulatory

• Advising a major US cleaning equipment manufacturer on an implementation plan for applying the French Repairability Index 2021, a pioneering and mandatory labelling requirement stemming from the French Anti-Waste Law. It serves to inform consumers about a product’s ease of repair and combat planned obsolescence. It was the first significant step towards the EU Right to Repair Directive, which came into force on 30 July 2024.
• Advising a US company, which provides cloud-based secure user authentication and access management for businesses and developers, on the application of The French Professional Equality Index, which is a legal requirement for companies with 50+ employees and which aims to achieve gender pay equality.
• Advising a US textile and clothes manufacturer on the regulatory requirements of the French Eco-Score (or “The Environment Cost”), the mandatory requirement for textile which involves calculating environmental impact through a life cycle assessment (LCA) and making the score transparent to customers.
• Advising a US cloud-based data storage company on its reporting obligations relating to the company’s ESG performance under the EU’s Corporate Sustainability Reporting Directive.

ESG/Compliance

• 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.
• 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

Commercial Litigation

• Representing Renault in worldwide investigations and proceedings relating to NOx diesel emissions, including international coordination and assistance, specifically, in relation to Nox Diesel Emissions Group Litigation in London, a claim of unprecedented scale in the English court, in which more than 1.6 million claimants have issued claims against car manufacturers (and others).
• 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.