Allyson Cunningham

When asked about her personal philosophy, Ally Cunningham said, "Top-tier client service is the key to winning. I make it a priority to be available whenever clients need me, ensuring we meet deadlines and achieve success together, no matter what it takes." According to one in-house counsel, "Ally has exceeded expectations and is truly a trusted colleague and a great value add for the team."

With a focus on environmental, toxic tort and crisis-related litigation, Allyson (Ally) Cunningham manages a national practice serving Fortune 500 and large privately held companies, and start-ups. While she primarily handles litigation and regulatory counseling, Ally also provides strategic communications, crisis response, government relations, and public affairs counsel. Clients benefit from her experience handling mass tort and class action cases with large groups of claimants because of Ally's deep knowledge of high-stakes disputes involving environmental and tort liability, as well as insurance coverage.

With a blend of litigation acumen, regulatory insight, strategic compliance and permitting counsel and strategic crisis management, Ally provides clients with a robust defense against environmental and toxic tort challenges. She has handled matters involving:

• Class Action Defense
• Citizen suit litigation under various environmental regulations
• Clean Air Act litigation
• Clean Water Act litigation
• Comprehensive Environmental Response Compensation Liability Act (CERCLA or Superfund)
• Insurance Recovery and Counseling
• Mass Torts
• Multi-District Litigation (MDL)
• Odor Nuisance
• Per – and poly-fluoroalkyl substances (PFAS)
• Regulatory compliance
• Resource Conservation Recovery Act (RCRA)

Ally's litigation portfolio includes complex toxic tort claims, class actions and broader tort and business disputes. Noteworthy achievements include successfully challenging class certification, securing summary judgment dismissals and resolving high-profile class actions related to radioactive material from the Manhattan Project.

Recognized as a leading authority on emerging contaminants, particularly PFAS, Ally navigates technical issues in state and federal regulatory matters. Her comprehensive approach includes defending multi-plaintiff tort claims, class actions, and advising clients on regulatory compliance, remediation strategies and the mitigation of litigation risk.

In crisis-related litigation, Ally integrates litigation defense, regulatory compliance and government relations to develop holistic solutions for clients. Her extensive interactions with government agencies, including the Missouri Attorney General's Office, U.S. Attorney's Office and Missouri State Capitol, along with federal enforcement actions, underscore her regulatory experience.

WHEN ASKED …

Why did you become a lawyer?

I like to dive into complex problems and find quick and effective resolutions. I'm passionate about solving challenges swiftly, fairly and efficiently, ensuring clients achieve the best outcomes possible.

What do you do outside of work?

Outside of being an attorney, my life revolves around my energetic three-year-old son and my loyal black lab, Hank. I enjoy exploring new destinations around the globe with my husband and son, and when we're not traveling or working, we enjoy hiking, golfing and spending time outdoors. We regularly vacation among the Colorado mountains to recharge and reconnect with nature whenever possible.

REPRESENTATIVE EXPERIENCE

• Achieved a voluntary dismissal of a class action regarding multi-generational radioactive exposure.
• Serves as counsel in a consumer goods class action representing the manufacturer of a child consumer item advertised as PFAS-free.
• Serves as counsel in some of the first PFAS litigation in the country involving cost recovery under CERCLA and involving wastewater utilities.
• Achieved dismissal of a class action involving approximately 10,000 homes in Texas, which alleged property damage and physical injuries due to odor and emissions from a landfill.
• Handled numerous Price-Anderson Act lawsuits, including a putative class action, addressing claims of widespread damage and illnesses from radioactive exposure.
• Litigated a coverage action on behalf of a national waste management client, challenging an insurer's denial of coverage for litigation expenses and remediation efforts related to four landfill sites. Successfully negotiated an eight-figure settlement that opened additional layers of excess coverage.
• Represented a manufacturer of chrome-plated plastic parts in the automotive and commercial truck industries against allegations of PFAS contamination and exposure in a multi-plaintiff action and achieved early resolution.
• Represented a manufacturer in a new product/consumer goods class action lawsuit pertaining to a PFAS claim alleging false advertising.
• Defended a national waste management company in multiple federal court actions across St. Louis County, securing dismissals against claims of cancers and other personal injuries purportedly caused by exposure to residual Manhattan Project radioactive waste.

• Speaker, "EPA Mandates and Emerging Trends," U.S. Conference of Mayors, June 20, 2024
• Co-presenter, "Managing Your Company’s Environmental Legal Risk: What You Need to Know,” Association of Corporate Counsel - Mid-America Chapter, April 7, 2021
• Legal Perspective Panel, Missouri Waste Control Coalition Conference, 2014
• Illinois Agri-Woman Changing the Face of Agriculture conference, 2014

• Co-author, "State PFAS Requirements for Consumer Products Set to Go Into Effect in 2023 and Beyond," ALM | Law.com, January 27, 2023
• Co-author, "PFAS in Agriculture: What Agri-Business Sector Needs to Know about the Latest Emerging Contaminants," Agricultural Business Council of Kansas City, November 29, 2022
• Co-author, "The PFAS and the Furious: Evaluating EPA’s New PFAS Lifetime Health Advisories and Implications for the Future of PFAS Litigation," American Bar Association Section of Environment, Energy & Resources (SEER), September 2022
• Co-author, "Why 2021 Could Be a Year Like No Other for PFAS," DRI - For the Defense, June 2021 Issue
• Co-author, "Cos. Should Review Insurance Policies for PFAS Coverage," Law360, June 2, 2021
• Co-author, "Food Packaging Emerges as PFAS Battleground," Food Industry Executive, May 24, 2021
• Co-author, "Cosmetics Manufacturers Should Watch Out for PFAS Developments," Happi, April 29, 2021
• Co-author, "What You Need to Know About PFAS Remediation in 2021," Industry Today, January 28, 2021
• Co-author, "How to Deal with New PFAS Contamination Rules," Mergers & Acquisitions Magazine, December 29, 2021
• Co-author "PFAS Regulations for Groundwater Could Be Imminent," Bloomberg Law, November 3, 2020
• Featured, "Trustees' Alumna Expands Resume," UMKC Trustees' Scholar Newsletter, November 2018

• Missouri Bar
• Kansas City Metropolitan Bar Association
• Women in Agribusiness
• Associate Member, The Missouri Law Review

• Missouri Court Appointed Special Advocates (MOCASA)
  • President of the Board of Directors, 2022-2024
  • Statewide Board of Directors
• Mizzou Alumni Association, Boone County Chapter, Board of Directors
• Missouri Court Appointed Special Advocates (MOCASA), Board of Directors
• University of Missouri Alumni Association

• Missouri Lawyers Media, "The POWER List - Environmental and Energy Law," 2022-2023
  • "Top 100 - Environmental and Energy Law," 2023
• Missouri Lawyers Media, Top Legal Innovations Award, Emerging Practice Areas - PFAS, 2021
• Missouri Lawyers Media, "Up & Coming Award," 2021
• Selected among The Best Lawyers in America®, "Ones to Watch," 2021-2022
• Order of the Coif
• Parrish Scholarship
• Covington Scholarship
• CALI Excellence in Contracts Award
• CALI Excellence in Land Use Award
• Judge’s Award for Excellence in Constitutional Law
• Senninger Powers Excellence in Copyright Law Award