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Assessing Product Stewardship Liability Risk in Reverse Distribution Agreements

Saturday, November 4 | 9:30 AM – 10:30 AM

Learning Level: Competent | Topic: Program Management

Manufacturers, distributors, and retailers enter into contracts with collectors and recyclers to ensure that products subject to stewardship obligations are safely and lawfully collected, transported, recycled, and disposed of in a cost-efficient and environmentally sensitive manner. In doing so, they often rely on boilerplate contract language and third-party certifications to provide some protection in case things go wrong during the reverse distribution process. But in light of recent reverse distribution lawsuits and enforcement actions at the federal, state, and local level, contracting parties should review their contracting practices to ensure that they are protected in case liability arises. This interactive session will identify key issues in contracts related to the collection, transportation, and recycling of materials subject to product stewardship obligations and provide attendees with drafting tips to ensure compliance and protect against liability claims.

Learning Objectives

  1. Identify recent product stewardship enforcement and litigation trends.
  2. Understand potential third-party and arranger liability risks in reverse distribution processes.
  3. Identify key tools for reducing and shifting liability risk in reverse distribution services contracts.
Joseph Samir Kakesh, Of Counsel, Wiley Rein, LLP​