Alfredo G. Fernández

Assisted an international food producer prepare for the sale of a former manufacturing facility, including developing a PFAS sampling plan in response to a potential buyer’s overly broad environmental due diligence demands. We developed a strategic plan for compliance with the CT Transfer Act, designing sampling safeguards to deal with the potential for triggering Connecticut’s “Significant Environmental Hazard” reporting requirements related to PFAS and holding anonymous discussions with the CT Department of Energy and Environmental Protection regarding defensive sampling results and interpretation of “background” PFAS levels.

Upon discovery of potential TSCA violations, performed internal investigation and drafted voluntary self-disclosure to EPA on behalf of specialty chemical company.  Represented client in meeting with EPA enforcement office, emphasized favorable conditions and behavior, resulting in mutually agreeable Consent Agreement and Final Order with lowest penalty allowed by EPA Audit Policy.   Prepared Low Volume Exemption (LVE) application for subject substance in parallel with enforcement proceedings, resulting in sufficient authorized import volumes for client’s business needs.  Peripheral support activities included implementation of quarantine and monitoring of affected containers, collaboration with substance manufacturer/supplier, advising on Safety Data Sheet content and documenting waste/release procedures.

Successfully guided specialty chemical company through EPA Premanufacture Notice (PMN) process, resulting in the substance’s addition to the TSCA inventory.  Similarly, guided client through Environment Canada’s New Substance Notification (NSN) Process, resulting in the substance’s addition to the Domestic Substances List (DSL).  Peripheral support activities included the filing of a Bona Fide Notice to Import or Manufacture, utilizing Inventory Expert Service (IES) to document CAS Registry Name and Number, evaluating feasibility of Polymer Exemption and Reduced Regulatory Requirement (RRR) Polymer registration paths, arrangement of gel permeation chromatography (GPC) testing,  assessment of confidential business information and leading discussions with domestic and foreign partners and governments.

Represented an international metalworking fluid developer, manufacturer and service provider. Assisted with registrations and compliance for new products and ingredients under applicable state and federal laws, including the recent substantive amendments to the federal Toxic Substances Control Act (TSCA). Also advised on federal and state hazard warning/labeling requirements and on the regulatory/compliance aspects of potential formula and manufacturing process changes.

Advising high technology company on the applicability of U.S. economic sanctions and export controls laws and regulations regarding Middle East foreign business enterprises.

Conducting comprehensive investigation of foreign person access to aerospace and defense manufacturer’s information technology applications and databases, and preparing related voluntary disclosure for submission to U.S. Department of State Office of Defense Trade Controls Compliance.

Assessing aerospace and defense manufacturer’s import assists policies and procedures, and making recommendations for effective corrective actions to strengthen import compliance program and ensure accurate reporting to U.S. Customs and Border Protection.

Representing a large, multi-national aerospace and defense company and its subsidiaries in Office of Defense Trade Controls Compliance (DTCC), which is part of the U.S. Department of State’s Directorate of Defense Trade Controls (DDTC), investigations regarding potential ITAR violations and Bureau of Industry and Security (BIS), which is part of the U.S. Department of Commerce, and investigations regarding potential EAR violations.

Shipman & Goodwin has served as outside counsel to several aerospace and defense manufacturers in connection with U.S. and international trade compliance and enforcement matters, including export control laws and regulations involving the International Traffic in Arms Regulations (ITAR) and the Export Administration Regulations (EAR), economic sanctions and trade embargoes, Foreign Corrupt Practices Act (FCPA) matters, international anti-corruption, anti-money laundering and anti-boycott matters, and import laws and regulations. Our team recently conducted a comprehensive assessment of an aerospace and defense company’s import valuation processes and procedures to ensure accurate reporting to U.S. Customs and Border Protection.

Represented the Town of Preston, Connecticut in connection with the negotiation and Town approval of an agreement between the Town and the Gaming Authority to sell approximately 400 acres of Town property to the Gaming Authority for a $200 million to $600 million mixed use development.

$16M Tax Credit Financing Construction to Permanent Loan secured by leasehold mortgage in certain real property in Connecticut. The transaction also involved Low Income Housing Tax Credits (state and federal), a Department of Housing Loan, Section 8 Housing, an Affordable Housing Loan and a Subsidized Advance from Federal Home Loan Bank of Boston. Additionally, our environmental team advised on environmental and remediation requirements.

Successfully guided a national bank client to procure and bind a customized environmental insurance program in connection with the bank’s $28+ million construction loan for its borrower in California. The loan’s collateral property involved a former industrial site near Los Angeles International Airport (LAX), slated for redevelopment into a world-class office headquarters for a major (Fortune 10) technology tenant. The environmental insurance program consisted of a bespoke “secured lender” base policy with $10 million in limits and an “excess” layer from another insurer with over $18 million in limits to protect the bank in case the borrower defaults on loan payments due to a pollution condition. Without the insurance, the lender would not have been comfortable with the environmental risks presented by the collateral property, making the insurance program one of the most critical facets of the entire transaction. Total costs (including all premiums, taxes, broker commissions and legal fees) for the environmental insurance program (borne by the borrower) amounted to just 0.3% of the loan principal.

We are assisting an international manufacturing client evaluate its potential PFAS risks and liabilities in connection with historical fire fighter training areas on currently and formerly owned/operated properties.  Our support has included reviewing legacy contracts and insurance and developing a PFAS risk management plan to understand the potential liabilities, estimated costs and potential for cost recovery from the parties that released the PFAS-containing fire-fighting foam. We also assisted the client negotiate a bespoke 10-year pollution legal liability environmental insurance policy, which included sublimited coverage for third-party bodily injury and property damage PFAS-related claims.