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Ryan Buschell

Ryan Buschell’s practice covers a broad range of civil litigation and arbitration matters—from general commercial disputes to trade secret misappropriation and antitrust actions—with a focus on securing insurance coverage for policyholders. In insurance coverage matters, Ryan exclusively represents policyholders, and has been involved in the cumulative recovery of over one hundred million dollars arising from breach of fiduciary duty, bodily injury, trade secret misappropriation, property damage, and antitrust claims.

Ryan also serves on the Board of Editors of the Tort Trial & Insurance Practice Law Journal.

June 27, 2024, Covington Alert

Per- and poly-fluoroalkyl substances (PFAS)—sometimes referred to as “forever chemicals”—have garnered significant attention in recent years, becoming a focus of government regulation and a deluge of civil litigation targeting a wide array of industries. As with any developing area of risk, it is critical that companies assess what insurance coverage they have for PFAS-related risks; allegations of PFAS exposure can trigger decades of potentially available insurance coverage. Policyholders across industries are taking steps to assess their exposure to PFAS liability and to evaluate the insurance coverage that may respond to any PFAS-related claims.

Recent Developments

The science concerning the human health and environmental effects of PFAS has progressed significantly over the last two decades. For example, in 2024, environmental and other regulators took significant action on PFAS:

  • In February, the Food and Drug Administration announced a voluntary ban on PFAS-containing food packaging, such as takeout containers, microwave popcorn bags, and fast-food wrappers, in the U.S.
  • In April, the Environmental Protection Agency set its first regulatory limits on six types of PFAS in drinking water. The EPA also designated two types of PFAS as CERCLA hazardous substances, paving the way for future contribution actions under environmental cost-recovery statutes.

Continue Reading Navigating PFAS Liability: Emerging Regulations, Litigation Risks, and Insurance Coverage Strategies