Kegan A. Brown represents clients in the full lifecycle of complex environmental and products liability litigations and regulatory matters, particularly involving per- and polyfluoroalkyl substances (PFAS) or natural resource damages.
Mr. Brown helps companies navigate all aspects of litigation and regulatory risks relating to their potential involvement with PFAS or other emerging contaminants by:
- Partnering with internal stakeholders to assess a company’s risk profile
- Leading internal investigations to further clients’ environmental, social, and governance (ESG) sustainability goals
- Developing and implementing strategy concerning permitting, investigation and remediation, unilateral administrative orders (UAO) under CERCLA or state law, and government subpoenas, information requests, and reporting requirements
- Defending claims in federal and state courts across the country
He leverages extensive experience and a commercial perspective to reduce clients’ current and future potential liability exposure and to identify cost-effective mitigation efforts that align with their ESG sustainability objectives. Mr. Brown also advises buyers, sellers, lenders, and underwriters on a broad range of environmental issues in mergers, acquisitions, and financing transactions.
Mr. Brown currently serves on the firm’s Knowledge Management Committee and as a Vice Chair on the ABA's Superfund and Natural Resource Damages Litigation Committee. He previously served on the firm's Recruiting and Pro Bono Committees.
Mr. Brown’s experience includes representing:
- Multiple clients in a wide range of PFAS-related litigation, regulatory, and transactional matters
- Essex Chemical and Union Carbide, both Dow Chemical Company subsidiaries, in the first two natural resource damages actions to go to trial in New Jersey, resulting in complete defense victories
- Philip Morris International in defending consumer class actions and aggregated smoking and health claims asserted by governmental entities
- A confidential client on litigation risks associated with 1,4-dioxane
- Numerous clients in connection with defending asbestos claims stemming from current or historic business units or product lines
- Corporation of the Presiding Bishop of the Church of Jesus Christ of Latter-day Saints in defending CERCLA and New York statutory and common law claims related to environmental contamination
- Multiple clients in an environmental indemnity dispute arising from alleged air violations at a steel mini-mill in California’s South Coast Air Quality Management District
- Owens-Brockway Glass Container, an Owens-Illinois subsidiary, in a binding arbitration proceeding in which the claimant sought up to US$100 million in damages allegedly caused by environmental contamination, after which all of the claimant’s claims were dismissed with prejudice and the Third Circuit affirmed the dismissal
- Sequa in prosecuting CERCLA cost recovery and New Jersey statutory and common law claims related to environmental contamination
- Several clients in the investigation and remediation of contaminated sites under CERCLA, including the Lower Passaic River Study Area Superfund site, the Berry’s Creek Superfund site, the Gowanus Canal Superfund site, and several landfill and manufacturing Superfund sites, as well as sites regulated under similar state programs