2009 Annual Review - Latham & Watkins

Georgia-Pacific CorporationLitigation Win in Superfund MatterJust weeks before trial was scheduled to begin, Latham & Watkinssecured dismissal of plaintiffs’ Comprehensive EnvironmentalResponse, Compensation and Liability Act (CERCLA) contributionclaims on summary judgment for its client Georgia-PacificCorporation. The litigation revolved around a Superfund cleanupallocation dispute arising from polychlorinated biphenyls (PCB)contamination of the Lower Fox River in Wisconsin. Georgia-Pacific was one of six major paper recycling mills that were suedby the manufacturer of PCB-containing paper for costs associatedwith what may be considered one of the largest pollution cleanupprojects in the United States. The court’s ruling meant thatGeorgia-Pacific was not liable to the plaintiffs for contributing tothe estimated US $1 billion cost of removing PCB contaminationfrom the Lower Fox River, a problem that was created by theproduction and recycling of the plaintiffs’ carbonless copy paperfrom 1954–1971.Collaboration and cooperation among cross-border teams ofLatham & Watkins lawyers enabled the firm, through a combinationof proceedings in the US and UK, to recover critical historicalrecords held near London by the plaintiffs’ French parent. Basedon this and other evidence along with legal arguments, the courtdismissed plaintiffs’ claims.PracticesEnvironmental LitigationProduct Liability, Mass Torts and Consumer Class ActionsOffices InvolvedEuropeLondonUnited StatesChicago, Los Angeles, San Francisco35 Latham & Watkins • 2009 Annual Review