Roundup-cancer settlement could include clause that bars plaintiffs’ lawyers from soliciting new clients

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Credit: Reuters

As Bayer AG tries to settle U.S. lawsuits claiming that its weedkiller Roundup causes cancer, the company is considering a proposal that would bar plaintiffsโ€™ lawyers involved in the litigation from advertising for new clients, according to a person familiar with the matter.

The person said that Bayer believes an agreement with plaintiffsโ€™ attorneys to ban advertising would limit the companyโ€™s future legal exposure since the โ€œvast majorityโ€ of U.S. law firms that would bring such claims would be bound by the agreement.

In October, Bayer largely blamed law firmsโ€™ TV ad campaigns for the more than doubling of U.S. plaintiffs seeking damages to 42,700 within just three months.

A provision such as the one the company is considering could result in โ€œdramatically fewer claimsโ€ so that the litigation is no longer a โ€œbig drag on Bayerโ€™s balance sheet,โ€ said David Noll, a professor at Rutgers Law School and expert in mass torts, who is not involved in the litigation.

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