Rising Stars

Product liability, mass tort and class action - defense: consumer products (including tobacco) in United States

Arnold & Porter

With a team of seasoned trial and appellate product liability litigators spread across both coasts alongside a strong regulatory offering from Washington DC, Arnold & Porter is well-positioned to support manufacturers of consumer products across the spectrum of their needs, from risk management advice, through to representation in high-stakes litigation. As well as the firm’s extensive knowledge and technical aptitude, it excels at putting forward persuasive, often first-of-kind strategic arguments, including as it relates to removal strategies and personal jurisdiction arguments – ensuring that clients are not stymied at having to be heard before traditional “plaintiff-friendly” jurisdictions. Many of the lawyers within the team have vast experience at representing clients in major class actions and MDLs, including a continued flow of work as a result of its longstanding representation of Altria and Philip Morris in relation to tobacco litigation. Washington DC-based partner Daphne O’Connor has been pivotal to this work, and as well as continuing to represent Philip Morris in cigarette smoker lawsuits is, along with John Massaro (also based in Washington DC), also defending Altria in private economic damages class actions, public entity actions, certain Attorney General (AG) actions, and individual personal injury actions regarding alleged damages caused by Juul e-vapor products. Michelle Gillice in Washington DC is also a key member of the team, particularly on the regulatory front; her previous tenure at the Consumer Product Safety Commission (CPSC) ensure that clients receive highly tailored product safety compliance advice enabling them to effectively reduce liability risks and protect their brands. New York-based partner Anand Agneshwar  co-heads the overarching product liability litigation offering alongside O’Connor.

 

Practice head(s):

Anand Agneshwar; Daphne O’Connor


Other key lawyers:

Eric Rubel; Lori Leskin; John Massaro; Jason Ross; Michelle Gillice; Elie Salamon; Lauren Wulfe


Key clients

Altria Group and affiliates, including Philip Morris USA Inc.


Atlantic Richfield


Samsung


Bayer (Monsanto) Company


Pfizer


IKEA


Britax


Dunkin’ Brands, Inc., 7-Eleven, BP West Coast Products (which operates convenience stores), and Yum Donuts


Grocery Manufacturers Association


National Coffee Association


Hain Celestial and Naked Juice (subsidiary of PepsiCo)


Zinus


Work highlights


  • Representing Altria and Philip Morris USA in private economic damages class actions, public entity actions, certain AG actions, and individual personal injury actions that have been filed across the country based on an evapor product manufactured and sold by Juul Labs Inc.
  • Representing Dollar Tree and Family Dollar in the litigation regarding the use of acetaminophen during pregnancy.
  • Represented Zinus in two putative class actions claiming a defect in its mattresses release glass fibers.

Jones Day

Able to leverage the expertise of product liability lawyers spread throughout the length and breadth of the country, including many with a core focus on the defense of consumer product manufacturers, Jones Day has the strength-in-depth to be able to effectively resource matters throughout the litigation continuum, irrespective of geographical location. The firm is able to draw upon a huge roster of practitioners with first and second-chair trial expertise, which has enabled it to effectively handle simultaneous high-profile trials, often in notoriously “plaintiff-friendly” jurisdictions. This approach has, in recent years, manifested itself particularly visibly in relation to the firm’s work for US-based tobacco giant RJ Reynolds where, under the leadership of Atlanta-based product liability litigation head Stephanie Parker the team has secured a spate of notable jury trial successes arising out of the ”Engle progeny” lawsuits in the Florida state courts. Chicago-based partner José Isasi is another ‘great first-chair litigator’, who is recognized for his ability to deliver ‘persuasive oral arguments’ in product liability bench and jury trials relating to tobacco and more commonly the pharmaceuticals and medical devices arena. New York-based of counsel Theodore Grossman has had many high-profile trial successes at appellate and trial level and is regularly called upon by clients to defend them in high-stakes product liability class actions. In Los Angeles, Celeste Brecht is also a key member of the team and as well as achieving success for consumer brands in conventional product liability cases, is also adept at representing manufacturers, distributors, and retailers in disputes arising from California’s Prop 65 environmental regulation.

Practice head(s):

Stephanie Parker


Other key lawyers:

José Isasi; John Walker; Meir Feder; Theodore Grossman; Kristina Cercone; Bridget O’Connor; Michael Quinlan; Jacqueline Pasek; Celeste Brecht; Victoria Cuneo Powell; Gillian Schroff; Ramanda  Luper; Caroline Murray


Testimonials

‘José Isasi is a great first-chair litigator. He is very strong at delivering persuasive oral arguments.’

Key clients

Bristol Myers Squibb


Chevron USA, Inc.


Daikin America/Daikin Industries


GOJO Industries, Inc.


Organon & Co.


R.J. Reynolds Tobacco Company


Sherwin-Williams Company, The


Steris Corporation


Walmart Stores, Inc.


Whirlpool Corporation


King & Spalding LLP

Leveraging the expertise of product liability lawyers drawn from across the firm’s national network of offices, many with significant trial experience, King & Spalding LLP handles a wide range and volume of cases, for manufacturers and producers, across a broad spectrum of consumer products. The tobacco industry remains a core area of strength, with the firm’s longstanding representation of RJ Reynolds continuing to generate a slew of high-profile mandates in trial and appellate courts across Florida, in particular. Many litigators in the firm’s Miami office have been central to the recent trial successes for Reynolds, with Val Leppert ‘s recently chalking up a string of notable appellate victories, saving the company significant financial burdens following the reversal of adverse judgments totaling almost $65m. The firm’s strength within the food and beverages sector, which is increasingly being targeted by the plaintiff’s bar for alleged consumer deception offences, was recently enhanced following a trio of experienced hires in June 2022, including the ‘highly impressive’ Dale Giali and Keri Borders, who joined the Los Angeles office from Mayer Brown LLP and San Francisco-based Michael Resch , who reunites with his former colleagues following his most recent stint as general counsel at Amy’s Kitchen. In New York, John Hooper and Morton Dubin are also key members of the team, with the latter noted for his trial skills, which have been put to good use in many high-profile product liability matters, including for Johnson & Johnson in its cosmetic talc litigation. Bruce Hurley in Houston, Ursula Henninger in Miami, and New York’s Shaila Rahman Diwan co-lead the overarching trial and global disputes team.

Practice head(s):

Ursula Henninger; Bruce Hurley; Shaila Rahman Diwan


Other key lawyers:

John Hooper; Morton Dubin; Livia Kiser; Dale Giali; Keri Borders; Val Leppert; Julia Ramano; Drew Bell


Testimonials

Dale Giali is highly impressive and has strong food industry and legal knowledge. Dale primarily handles claims defense work for food companies.’

Key clients

AUTOMOBILI LAMBORGHINI AMERICA


Beech-Nut Nutrition Company


Boehringer Ingelheim


Campbell Soup Company


Floor & Décor, Inc.


Foster Poultry Farms


General Motors


GlaxoSmithKline


Home Depot, U.S.A., Inc


Kenvue (formerly known as Johnson & Johnson Consumer Inc.)


KIND


Mercedes-Benz USA, LLC


Mine Safety Appliances


Nestle USA, Inc.


Organon


The Procter & Gamble Company


R.J. Reynolds Tobacco Company


Snap, Inc.


TikTok


Toyota Motor Sales U.S.A., Inc.


Viking Group, Inc.


Walmart, Inc.


Work highlights


  • Representing RJR in smoking and health cases in difficult jurisdictions such as Florida, Hawaii and Nevada, securing complete defense verdicts and minimal damages awards at the trial level and securing an unprecedented string of appellate victories.
  • Representing Beech-Nut Nutrition Company in more than 49 nationwide class actions, personal injury and Attorneys General lawsuits, and government investigations alleging the presence of toxic metals in baby food.
  • Defending TikTok in a series of high-profile lawsuits that allege harm to underaged users of social media.

Latham & Watkins LLP

Appreciated by clients for its ‘highly collaborative, co-ordinated and efficient’ approach, Latham & Watkins LLP has ‘superb expertise in complex product liability cases’, and is regularly involved in big-ticket aggregated cases, including class actions and MDLs. The team’s generalist approach to work in the space ensures that it has expertise across a wide range of consumer products, including within the hi-tech sector, however, it has undoubtedly gained most acclaim for its longstanding representation of Philip Morris in relation to mass tort and RICO suits. A significant amount of this work now relates to work outside of the country, with ‘very sharp’ Washington DC-based partner Christine Rolph being central to the firm’s role defending the tobacco giant against high-profile and high-value healthcare recoupment suits brought against it, including by Brazilian and South Korean governments. Key to Rolph’s success in the area, is her ability to digest and develop highly complex scientific information, an area where she has ‘reams of experience with expert development’. Recognized as a ‘master strategist’, litigation heavyweight Kenneth Parsigian has also been pivotal to the firm’s tobacco-related work both nationally and internationally, work which he combines with an eclectic mass tort offering which is reflective of his overarching role as a trial lawyer par-excellence. With a ‘work ethic that is second to none’, Gwyn Williams  co-heads the practice alongside Parsigan and is able to draw upon vast experience involving a variety of consumer products, which deal with a wide variety of state and federal consumer protection statutes.

Practice head(s):

Gwyn Williams; Kenneth Parsigian


Other key lawyers:

Christine Rolph


Testimonials

The team has superb expertise in complex product liability cases. They are highly collaborative, co-ordinated and efficient.’

They are true experts in the tobacco sector.’

‘Kenneth Parsigian is the whole package: a master strategist and superlative communicator. He is creative, efficient and very clear-headed.’

Kenneth Parsigian is a sound and dogged advocate.’

Christine Rolph is very sharp, has reams of experience with expert development, and is a total delight to work with.’

Gwyn Williams is a wonderful team leader.’

Gwyn Williams has a work ethic that is second to none, and a good way of communicating with outside lawyers.’

Key clients

American Airlines


Apple


Clorox


Endo


Lands’ End


LG Energy Solution, LG Chem, and LG Energy Solution Michigan


Navistar


NCAA


Philip Morris International Inc. (PMI)


PMI, Altria Group, Rothmans Benson & Hedges


Philip Morris International Management SA


Morrison Foerster

Morrison Foerster provides a one-stop-shop service for consumer product manufacturers across the full panoply of their needs throughout the full product life cycle, from advice on regulatory compliance, product labeling, and litigation risk assessment, through to litigation, should the need arise. The US team also often works closely with European and Asian offices, a co-ordinated approach which is of particular benefit for clients in relation to global product recall matters. Although the team is focused on avoiding any formal litigation and the attendant potential reputational damage this may cause, it is also highly capable in this space, frequently taking the role as national co-ordinating and trial counsel in major product liability and consumer class actions. Indeed, the team which is co-headed from San Diego and New York by Erin Bosman and David Fioccola , respectively, has vast experience trying and achieving successful outcomes in California and New York State and federal courts, both hotbeds of product liability litigation activity. Fioccola has deep expertise in relation to federal and state unfair and deceptive acts and practices statutes and regularly takes the lead in aggregated consumer class actions, including his current representation of Cinch Home Services in proposed class action litigation related to warranty contracts that Cinch co-marketed with real estate agencies. Based out of Los Angeles, Purvi Patel handles a myriad disputes for consumer-facing businesses, including a considerable number of privacy-related class actions brought against social media, e-commerce and tech apps.


Practice head(s):

Erin Bosman; David Fioccola


Other key lawyers:

Julie Park; Tiffany Cheung; Purvi Patel; Alexis Amezcua; William Tarantino; Claudia Vetesi; Jessica Kaufman; Grant Esposito; Katie Viggiani; Alexandra Preece Barlow


Key clients

Cinch Home Services Inc.


Bumble Inc.


Chobani LLC


LINE Corporation


Nexstar Media Group, Inc.


Northrop Grumman


Quantum Metric and Adidas


Unilever


Unity Technologies


Work highlights


  • Representing Cinch Home Services Inc., a nationwide leader in home warranty products, in proposed class action litigation related to warranty contracts that Cinch co-marketed with real estate agencies.
  • Representing Bumble Inc. and certain of its affiliates in five separate privacy class actions related to two popular dating apps, Bumble and Badoo.

Greenberg Traurig LLP

With resources spread across the length and breadth of the country, including New York and California, Greenberg Traurig LLP is well-positioned to resource consumer class actions and MDLs, irrespective of geographical location. The team’s real world experience of representing leading consumer brands from a myriad sectors ensures a deep level of industry and technical knowledge associated with their business lines, knowledge which it effectively parlays with procedural and strategic nous for clients throughout the litigation continuum. Los Angeles-based partner Robert Herrington has a robust litigation practice which frequently sees him engaged in product liability and misleading advertising class actions for companies from an eclectic mix of industry sectors; he has also recently had key involvement in developing winning strategies for defendants facing the growing trend of the plaintiffs’ bar of initiating mass arbitration claims instead of filing a class action. Other key members of the team include Los Angeles-based practitioner Michael McCarthy , whose reputation continues to grow as a result of his defense of consumer products companies before state and federal courts in all phases of litigation; New York-based Stephen Saxl, who co-heads the class action litigation group with Herrington; and Chicago-based practitioners Francis Citera and Gretchen Miller , who co-head the products liability and mass torts sub-group.

Practice head(s):

Robert Herrington; Stephen L. Saxl; Francis Citera; Gretchen Miller


Other key lawyers:

Michael McCarthy; Eva Spahn


Testimonials

‘The firm displays meticulous attention to detail. They understand how to navigate through bureaucracy of government.’

‘Frank Citera is a seasoned lawyer who can solve almost any issue. He is tenacious, thoughtful and intelligent.’

 

Key clients

Samsung Electronics America, Inc.


Sony Electronics


The Men’s Wearhouse, Inc.


Energizer, LLC


Whole Foods Market Group, Inc.


Target Corporation


Ford Motor Company


Hyundai Motor Company


Albertson’s Companies, Inc.


Deva Concepts LLC, Deva Curl


Work highlights


  • Representing Albertsons in the National Prescription Opiate Litigation pending in the Northern District of Ohio, which consists of more than 3,000 matters pending in the multi-district proceedings, as well as in several state jurisdictions throughout the country.
  • Representing Samsung Electronics America, Inc. in multiple putative class actions alleging false advertising and product defects involving consumer electronics like the Galaxy S20, Galaxy Watch Active2, and Chromebook Plus, as well as home appliances like refrigerators and ranges.

Herbert Smith Freehills

Drawing upon ‘strong legal acumen and commerciality’ throughout the ranks of partners and associates within its New York-based product liability team, Herbert Smith Freehills provides ‘practical and timely advice’ to clients seeking defense in high-stakes class actions, as well as in the context of non-contentious and contentious regulatory mandates. Led by ‘deeply experienced mass torts lawyer’ Gregory Loss, much of the work handled by the team has a cross-border angle, including in its role as international counsel to British American Tobacco across a range of litigation and regulatory matters. Much of this relates to healthcare recoupment suits initiated in a range of countries, including Brazil, Canada and South Korea, work which the ‘whip smart’ Benjamin Rubinstein and the ‘excellent’ Joseph Falcone  also have pivotal roles. Rubinstein is also noted for his ability to work effectively with scientific and economic experts, a trait which manifests itself in the tobacco space, as well as in relation to his niche expertise on climate-change related matters.

Practice head(s):

Gregory Loss


Other key lawyers:

Benjamin Rubinstein; Joseph Falcone; Maxwell Herman


Testimonials

The strong legal acumen and commerciality of the team allows it to provide practical and timely advice with a solid basis in law.’

‘From partners to associates, the team are knowledge about the issues and dedicated to client service.’

Gregory Loss has a wealth of experience built over the years.’

Key clients

British American Tobacco


Samsung SDI Co., Ltd.


Eni SpA


Work highlights


  • Advising BAT and Souza Cruz in the defense of a healthcare cost recoupment lawsuit filed in 2019 by the Federal Government of Brazil, as well as advising Souza Cruz in numerous individual product liability suits.
  • Advising BAT Korea in connection with an action brought by the Korean National Health Insurance Service (NHIS) seeking to recoup healthcare costs that NHIS alleges were expended to treat Korean citizens who developed certain smoking-related illnesses.
  • Advising Samsung SDI Co., Ltd. on national co-ordination of lawsuits in state and federal courts across the US alleging product defects in lithium ion batteries in order to ensure efficient, repeat wins, frequently on the pleadings, and a cohesive global strategy.

Kirkland & Ellis LLP

Centered around its Chicago, New York and Washington DC offices, in particular, Kirkland & Ellis LLP has forged a strong reputation in the space, as a result of its representation of a varied array of consumer-facing manufacturers across a myriad product liability and mass tort matters. Many of these have taken the form of large aggregate disputes. As well as the firm’s technical expertise in often highly scientific issues under dispute and its procedural prowess, it is also able to call upon the proficiency of a slew of accomplished first-chair trial lawyers, ensuring that clients are vigorously defended in jury trials, as well as providing a degree of leverage in the context of early settlements. A fellow of the American College of Trial Lawyers, Washington DC-based partner Mike Brock is a formidable practitioner in high-stakes product liability litigation, and has handled jury trials across a multitude of high-profile product liability matters, including in the automotive and pharmaceuticals industries. Drawing upon a storied career in private practice, as well as by dint of his former positions as a federal judge and high-ranking Justice Department official, Chicago-based Mark Filip has an excellent perspective of big-ticket litigation, and offers experience to defendants seeking representation at a trial stage.

Other key lawyers:

Richard Godfrey; Renee Smith; Jay Lefkowitz; Donna Welch; Mike Brock; Mark Filip; Jennifer Levy; Hariklia Karis


Key clients

3M


Abbot Laboratories


Amneal Pharmaceuticals


Barretts Minerals


Carrier Global Corporation


GlaxoSmithKline


General Motors


Polaris Industries


Staples, Inc.


Woodstream Corporation


Shook, Hardy & Bacon LLP

Leveraging the expertise of lawyers spread throughout the firm’s national footprint of offices, Shook, Hardy & Bacon LLP is well-positioned to represent manufacturers across a wide range of product liability disputes, including a significant volume within the automotive space. Other areas of sector expertise include work for food/beverage and tobacco companies across litigation and regulatory matters impacting their businesses. Key to the firm’s success in these areas, is the work of Kansas City-based partner Katie Gates Calderon , who as well as her litigation prowess, also provides expert counselling advice to clients to ensure compliance with the regulatory strictures laid down by the USDA and FDA. Hildy Sastre regularly tries cases for product manufacturers throughout the country, particularly within the pharma sector, and is noted for her ability to effectively distil complex scientific information into persuasive themes for jurors. William Geraghty  co-heads the product liability team alongside Sastre and Calderon, and is particularly effective at trying cases within the pharmaceutical, auto and tobacco sectors. The vastly experienced Kenneth Reilly has deep product liability experience and has, throughout his career, tried many cases for tobacco manufacturers in single and multiple plaintiff disputes nationwide. All named practitioners are based out of Miami unless otherwise indicted.

 

Practice head(s):

Hildy Sastre; Katie Gates Calderon; William Geraghty


Other key lawyers:

Madeleine McDonough; Kenneth Reilly; Rob Adams; Sean Wajert; Robert Simpson; Jennifer Voss; Annie Chuang; Eric Anielak; James Shepherd; Harley Ratliff; Jon Strongman


Key clients

American Honda Motor Co.


Nissan North America, Inc.


Kia America, Inc.


Ford Motor Company


Toyota Motor Sales, U.S.A., Inc.


MGA Entertainment


Weil, Gotshal & Manges LLP

Drawing upon a strong national offering which includes first-chair trial strength, class action prowess and a Washington DC-based regulatory practice, Weil, Gotshal & Manges LLP is a popular choice among many leading consumer brands throughout the full spectrum of their product liability defense needs. Noted for her superb advocacy skills and ability to explain often complex technical/scientific concepts to juries, New York-based partner Diane Sullivan is a key player and is regularly parachuted in on the eve of major product liability and mass tort cases in jurisdictions around the country. Her recent successes have included a major bellwether jury trial which led to a favorable settlement mid-trial for a regional pharmacy chain, as one of the defendants in the opioid MDL. She has also recently been working very closely with the firm’s market leading insolvency team, as a result of the growing trend among defendants to manage their exposure to potential tort/product liability claims through the so-called “Texas Two-Step” bankruptcy legal maneuver. Based out of the firm’s Silicon Valley office, David Singh co-heads the team alongside Sullivan and continues to develop an excellent reputation handling class action product liability matters, including for numerous high-profile technology companies. Out of Washington DC, Arianna Scavetti, who was recently promoted to partner, is also a key member of the team, particularly as it relates to the defense of food and beverage companies in consumer class actions alleging misleading labeling and marketing.


Practice head(s):

Diane Sullivan; David Singh


Other key lawyers:

Arianna Scavetti; Drew Tulumello


Key clients

Dometic Corp.


PepsiCo Inc.


Sanofi


Burger King


Tarkett Sports


Tropicana Products Inc.


PetroChina Company Ltd.


The Quaker Oats Company


Starbucks Corp.


Panasonic Corp.


Work highlights


  • Securing a number of victories in two consumer class actions filed against a leading tech company in the N.D. Cal. regarding a display defect in notebook computers allegedly causing “stage lighting” effect and, in some cases, complete display failure.
  • Representing Dometic in a series of significant consumer class actions alleging defects in the company’s gas absorption refrigerators, which implicated hundreds of millions of dollars in potential damages.
  • Representing Burger King in in a series of putative class actions alleging the failure to disclose the use of PFAS, an allegedly dangerous family of chemicals, in food packaging, including the wrapper for the popular Whopper sandwich.

Winston & Strawn LLP

Drawing upon its traditional overarching trial skills, at first instance and appellate level, as well as a growing capability throughout the life cycle of product liability/mass tort mandates, Winston & Strawn LLP is a popular choice for consumer brands seeking robust representation in often high-stakes matters throughout the litigation continuum. Praised for its ‘strategic, practical and technically knowledgeable’ advice, the firm is adept at trying cases throughout the country, including in many plaintiff-friendly jurisdictions, including Florida, a geographical location where the firm, following the opening of its Miami office in May 2022, is now better-positioned to act. The ‘extremely experienced and strategic’ class action expert David Coulson, who joined the firm in May 2022 from Greenberg Traurig LLP, spearheads the litigation efforts from the nascent Miami office and is one of several notable new hires, while New York-based Terrence Dee  is a major fillip for the practice in light of his aptitude and experience of co-ordinating large product liability MDLs and class actions. Chicago-based partners Dan Webb and George Lombardi provide real gravitas to the practice, as a result of their extensive trial experience across a myriad product liability/mass tort matters, the latter who continues to act as trial counsel to Monsanto in its Roundup product liability litigation. San Francisco-based Sandra Edwards chairs the product liability and mass tort practice.

Practice head(s):

Sandra Edwards


Other key lawyers:

George Lombardi; Dan Webb; David Coulson; Christopher Essig; Luke Connelly; John Rosenthal; Terrence Dee; Matt Saxon;  Bryce Cooper; Jeff Wilkerson; Sean Suber; Patrick Hogan


Testimonials

‘It is an incredible team of class action/ product liability lawyers who are strategic, practical and technically knowledgeable.’ 

The Winston & Strawn team is a litigation powerhouse, with deep experience, expertise, and knowledge in the substantive areas of law; procedural norms, rules, and practices; judicial protocols and local rules and preferences; and all of the nuts and bolts for handling complex commercial litigation matters, including consumer class actions.’

They are pros and no strangers to the courtroom. They instill confidence in the client, and they are very responsive and respectful.’

‘They are super responsive, cost-effective, perform outstandingly in depositions and in court, communicate clearly and succinctly, and do not have egos to get in the way of advising on what is best for us.’

‘David Coulson is extremely experienced and strategic. He has been the quarterback for our multiple class action suits for almost five years and I attribute our success in defending against the suits to his seasoned advice and strategic excellence. He is highly attuned to anticipating what the plaintiffs counsel may do, and planning how we can react.’

Key clients

Monsanto Company


The J.M. Smucker Company


Abbott Laboratories


Diamond Foods


Albertsons Companies


The Kraft Heinz Company


Champion Petfoods


Motorola Mobility


Glasshape


Work highlights


  • Representing Abbott in state and federal proceedings involving numerous product liability lawsuits, alleging that cow-milk-based preterm infant formula products cause a naturally occurring gastrointestinal disorder in premature infants.
  • Representing Monsanto Company as trial counsel for the Roundup® product liability matters, including the first US jury trial (Johnson), defending against allegations that the herbicide causes non-Hodgkin’s lymphoma.
  • Representing Albertsons Companies, Inc in connection with the defense of a litigation filed in the Superior Court for the District of Columbia alleging that their baby foods had excessive levels of heavy metals.

Bowman and Brooke LLP

National product liability specialist Bowman and Brooke LLP has deep and longstanding experience defending manufacturers across a myriad consumer products, from food and tobacco, sports equipment and bicycles through to  power tools and child products, in courts across the length and breadth of the country. Co-headed by Jeffrey Warren and Tori Levine from Phoenix and Dallas, respectively, the team is well-versed in managing complex aggregated litigation, including MDLs and class actions, and is able to call upon the expertise of a raft of experienced first-chair trial lawyers in jury and bench trials. One of these, Phoenix-based firm chair Paul Cereghini continues to act as lead counsel for Riddell in the high-profile NFL player concussion litigation. Phoenix-based partner Amanda Heitz  is adept at handling trials, as well as preparing essential motions and briefings for consumer product manufacturers in claims involving catastrophic personal injuries, wrongful death, property damage, consumer fraud and breach of contract. The firm is also playing a key role in defending 3M in its sprawling MDL regarding hearing loss brought about by alleged defective earplugs.

Practice head(s):

Jeffrey Warren; Tori Levine


Other key lawyers:

Paul Cereghini; David Campbell; Amanda Heitz


Key clients

Riddell, Inc./BRG Sports, Inc.


3M Company


Glock, Inc.


The Husqvarna Group


BrassCraft Manufacturing Company (Masco Corporation)


Lloyds of London Insureds (multiple companies)


Work highlights


  • Represented Riddell, Inc. in its highly publicized concussion litigation.
  • Representing 3M in the MDL earplugs litigation.
  • Representing Glock and its US subsidiary in putative product liability class actions in California and a product liability case in Arizona.|

Dechert LLP

Primarily based in New York and California, Dechert LLP‘s product liability and mass torts team has a strong reputation, in particular, in the defense of consumer product-related healthcare and pharma matters. As well as handling many high-profile consolidated disputes relating to personal injury as a result of side effects following the use of drugs manufactured from brand-name pharma companies, the team also handles a growing number of healthtech-related disputes. In this regard, Los Angeles-based Benjamin Sadun is representing a well-known women’s health app in its global defense of alleged privacy violations. Outside of the healthcare and pharma space, the firm continues to defend 3M in the largest ever MDL to date brought by  US military veterans and service members alleging that their hearing loss was caused by defective earplugs sold to the US military. Los Angeles-based partner Sheila Birnbaum co-heads the overarching product liability and mass torts group alongside Mark S. Cheffo  in New York. Former co-head Kimberly Branscome moved to Paul, Weiss, Rifkind, Wharton & Garrison LLP in February 2024.

Practice head(s):

Sheila Birnbaum; Mark Cheffo


Other key lawyers:

Hayden Coleman; Bert Wolff; Jay Bhimani; Mara Cusker Gonzalez; Rachel Passaretti-Wu; Benjamin Sadun; Jonathan Tam


Key clients

3M Company


Easy Healthcare Corporation


Flo Health, Inc.


GlaxoSmithKline


GSK Consumer Healthcare Holdings


Viatris (Formerly Pfizer)


Work highlights


  • Representing 3M in product liability litigation involving allegations that a product sold to the military is related to hearing loss suffered by servicemen and women.
  • Representing Easy Health Corporation and its women’s mobile health fertility App (Premom) in connection with a pending purported class action.
  • Representing Viatris in defending claims by thousands of plaintiffs alleging that Lipitor caused them to develop type 2 diabetes.

DLA Piper LLP (US)

Forming a key part of the firm’s ‘best-in-class product liability and mass tort practice’, DLA Piper LLP (US) regularly achieves ‘exceptional results’ for consumer product manufacturers in business critical, high-stakes litigation. The team, which has expertise on both sides of the coast and is also able to mobilize international resources, should the need arise, is best-known for its success in fending off mass tort and class action claims before the trial stage, through the use, for example, of effective Daubert strategies. A number of the firm’s most significant matters arise within the food and beverages space, an area that the team is well-placed to represent clients across the gamut of compliance, regulatory and litigation matters as a result of core industry understanding, litigation prowess and overarching regulatory expertise. Los Angeles-based litigator Angela Agrusa  is particularly accomplished in this area and is currently forming part of multi-pronged defense effort for one the defendants in putative class action and product liability suits filed around the country relating to the alleged existence of heavy metals in baby food. Atlanta-based Christopher Campbell heads up the overarching product liability and mass tort offering and is best-known for his work within the life sciences and healthcare field.

Practice head(s):

Christopher Campbell


Other key lawyers:

Christopher Young; Loren Brown; James Brogan; Angela Agrusa; George Gigounas; Maggie Craig; Greg Sperla


Testimonials

DLA has a top-notch, best-in-class product liability and mass-tort practice.’

The firm takes on the most business-critical matters for its clients, with exceptional results.’

Key clients

The Clorox Company


Nurture, Inc.


Bayer


Sanofi


Hyundai Mobis


Blue Diamond Growers


TTE Technology, Inc. dba TCL North America


Danone US, LLC


Arconic


Work highlights


  • Represented The Clorox Company and certain subsidiaries in a suit alleging that Clorox falsely advertised a collagen supplement as containing “pure” sternal chicken collagen.
  • Represented Sanofi and an affiliate, Chattem, Inc in a putative class action where the plaintiff alleged that the “Selsun blue® Naturals Antidandruff Shampoo” product label was misleading to consumers because it claims to be all natural and without synthetic ingredients when allegedly it contains synthetic ingredients, and consumers allegedly paid a price premium as a result.
  • Represented Arconic Inc and its affiliates in the Third Circuit Court of Appeals, which affirmed a ruling by the Eastern District of Pennsylvania granting a motion to dismiss on forum non conveniens grounds in a strict liability, mass tort suit arising from the largest mass tragedy in the UK since World War II – the Grenfell Tower fire in London in 2017.

Goodwin

With tech and life sciences two of the core pillars of the firm’s industry focus, Goodwin is skilled at assisting clients within those sectors in the defense of product liability and mass tort claims brought against them in courts throughout the country. In this context, the team, which includes many members with advanced degrees in sciences, is particularly effective at developing expert witnesses and at explaining complex technical and scientific ideas to juries. New York-based partner Joanne Gray has a core focus on advising FDA-regulated food and beverage companies, including vitamins and supplements producers, across the spectrum of their advisory, regulatory and litigations needs; she co-heads the firm’s food practice which has ‘unparalleled experience, contacts and expertise’ in the field. As part of his wide-ranging litigation offering, Boston-based team head Richard Oetheimer regularly handles product liability and mass tort litigation on behalf of pharma companies, as well as manufacturers of foods and dietary supplements, cosmetics and consumer products.

Practice head(s):

Richard Oetheimer


Other key lawyers:

Joanne Gray; Amanda Russo


Testimonials

Goodwin Procter is an exceptional firm with expertise in many areas. We have used them successfully in vitamins and supplements with full confidence in their advice and perspectives regarding FDA, claims, ingredients and potential litigation.’

Their experience, contacts and expertise are unparalleled and result in superior outcomes.’

They have advised us flawlessly regarding risks and opportunities in product liability, claims and FDA responses for inquiries, inspections and recalls. Additionally, they have been instrumental in advising consumer issues from inquiries to liability to injury. They act as true business partners and are indispensable team members!

Joanne Gray and her team are by far the best legal team to work with in the vitamin and supplements category. They have deep expertise in ingredients, claims, FDA requirements and product liability.’

Key clients

Confluent Medical


Herbalife International, Inc.


Kolmar Laboratories Inc.


Work highlights


  • Representing Kolmar Laboratories, Inc., n/k/a Port Jervis Laboratories, Inc in connection with talc mass tort litigation alleging exposure to trace amounts of asbestos through use of various loose powders manufactured with talc.
  • Representing Confluent Medical in connection with the Cordis IVC Filter Mass Tort Litigation consisting of thousands of personal injury claims, the majority in a JCCP in Alameda County, California, with additional cases in multiple US jurisdictions.
  • Represented Herbalife International, Inc. in a variety of products liability and mass tort litigation in the US and globally.

Mayer Brown

With a strong bi-coastal presence, as well as from its Midwest heartland, Mayer Brown is well-placed to represent consumer products manufacturers across a wide range of mass tort/product liability matters, irrespective of geography or underlying industry sector. The firm often picks up roles as national co-ordinating counsel on big-ticket MDLs and class actions, regularly securing important dispositive victories, including as it relates to the exclusion of plaintiff’s witnesses and class decertification. The firm also has a number of strong trial lawyers, both at a first instance, as well as an appellate stage. One of these is Los Angeles-based partner Dan Queen, who as part of his broad practice, which also includes regulatory advice relating to Prop 65, regularly represents clients in major consumer class actions, including as it relates to alleged misleading/deceptive labeling on food and beverage products. Experienced Washington DC-based practitioner Carmine Zarlenga  is also very accomplished at defending food companies across a range of matters, including consumer class actions alleging false advertising, as well as in relation to antitrust and trade secrets, among other allegations. Managing partner of the Los Angeles office, John Nadolenco regularly handles consumer class actions across a range of industry sectors, including within the automotive space. Zarlenga heads the team alongside Henninger Bullock  and Daniel Ring , who are based out of the firm’s New York and Chicago offices, respectively.

Practice head(s):

Henninger Bullock; Daniel Ring; Carmine Zarlenga


Other key lawyers:

John Nadolenco; Dan Queen


Key clients

Amy’s Kitchen, Inc.


Automotive Alliance for Innovation


Big Ten Conference


Cargill


Foster Poultry Farms


General Motors


National Pork Producers Council


Nestlé USA


Purina PetCare


U.S. Sugar Corporation


Work highlights


  • Representing Nestlé USA and Societe des Produits Nestlé, as part of Nestlé’s ongoing efforts to halt the US distribution of its “grey market” goods that are imported and sold in the United States without Nestlé USA’s consent.
  • Representing GM in the resulting nationwide class actions alleging fraud and vehicle defects after a series of battery fires struck several Chevy Bolts, one of GM’s electric vehicles paving the way for the company’s electric vehicle fleet.

McGuireWoods LLP

Displaying a ‘thorough approach to engagements’, which includes a detailed knowledge of the substantive and procedural law, McGuireWoods LLP provides ‘educated and strategic advice’ to manufacturers across a range of consumer-facing products throughout the life cycle of their litigation. Much of the product liability work is led from its Richmond-based headquarters, although the firm’s Chicago office recently received a boost following the arrival in March 2022 from litigation boutique Swanson, Martin & Bell of Patrick Clyder , whose trial experience includes product liability cases throughout the country, including before Circuit Court of Cook County, Illinois, one of the nation’s most challenging venues for defendants. Team head Diane Flannery  leads from the front and regularly co-ordinates large-scale defenses in class action and MDLs, including her continued work for a hardwood flooring retailer in more than 140 class actions and dozens of personal-injury cases stemming from alleged formaldehyde contamination in the company’s laminate flooring made in China.

Practice head(s):

Diane Flannery


Other key lawyers:

Mark Anderson; Terrence Bagley; Candace Ali Blydenburgh; Stephen Busch; Perry Miles; Samuel Tarry; Trent Taylor; Patrick Clyder


Testimonials

Thorough approach to engagements, which allows for educated and strategic advice.’

‘The team takes the time to engage with company representatives to truly  understand our company’s business. That level of knowledge and engagement helps them understand and identify the key issues to the engagement.’

Key clients

Lumber Liquidators, Inc.


Swedish Match NA


Universal Corp. and Universal Leaf Tobacco Company


Work highlights


  • Representing Lumber Liquidators in securing a class action settlement that resolved more than 140 class actions alleging excessive formaldehyde in Lumber Liquidators’ laminate flooring in one MDL, and another 40 class actions in a separate MDL that involved durability and false labeling claims against Lumber Liquidators totalling more than $1bn.
  • Represented Swedish Match NA in a high-profile product liability action brought by plaintiffs who alleged that smokeless tobacco products caused one plaintiff’s tonsil cancer.
  • Represented Universal Corp in litigation filed by more than 406 plaintiffs, including 153 children born in Argentina with birth defects, such as spina bifida and other serious medical problems.

O'Melveny & Myers LLP

Co-headed from Washington DC and Los Angeles by Steve Brody and Sabrina Strong respectively, O'Melveny & Myers LLP excels in handling complex mass tort and class action product liability claims and is adept at coordinating strategy throughout the process, including at a trial stage should the need arise. Another core strength is the firm’s ability to handle disputes progressing not only on the private litigation front but also in terms of government investigations which often arise out of mass torts. In this regard, Brody is one of numerous lawyers at the firm who is able to provide additional insight as a result of his former in-house experience at the DOJ.

 

 

Practice head(s):

Steve Brody; Sabrina Strong


Other key lawyers:

Richard Goetz; Amy Laurendeau; Jonathan Schneller; Carlos Lazatin; Esteban Rodriguez


Key clients

Sempra Energy and its subsidiary Southern California Gas Company (SoCalGas)


Johnson & Johnson and Janssen Pharmaceuticals


Johnson & Johnson and Ethicon, Inc.


AstraZeneca and Amylin Pharmaceuticals


Ford Motor Co.


Travis Scott


Skechers


Colgate-Palmolive Co.


Chubb Group


ExxonMobil


Skadden, Arps, Slate, Meagher & Flom LLP

Primarily based out of the firm’s New York and Washington DC offices,  Skadden, Arps, Slate, Meagher & Flom LLP excels in providing a multi-pronged defense strategy for manufacturers of consumer products in large-scale class actions and MDLs and the attendant AG investigations which often follow in their wake. The firm is well-positioned to represent clients before state and federal courts, blessed as it is with the ability to draw from a significant number of highly accomplished trial and appellate product liability litigators. In addition, the firm is also a regular advisor to corporates and broader industry groups seeking regulatory reforms to better serve their interests and also regularly files amicus curiae briefs before federal and state appellate courts. Washington DC-based team head John Beisner is a key contact.

Practice head(s):

John Beisner


Other key lawyers:

Allison Brown; Jessica Miller; Richard Bernardo; Nina Rose; Geoff Wyatt; Christopher Cox; Jordan Schwartz; Milli Hansen


Williams & Connolly LLP

Product liability and consumer-related work forms a central part of Washington DC-based firm Williams & Connolly LLP‘s overarching litigation capability. In this context, the team is well-placed to handle work throughout litigation life cycle, often picking up the role as national coordinating counsel on big-ticket class actions and MDLs, as well as being well-versed in handling matters progressing on multiple fronts, including government investigations/litigation. Although it is best-known for its work in the pharma and medical devices space, the ‘highly responsive, strategic and detail oriented’ team also has the ‘horsepower to delivery outstanding results’ across a range of consumer-related hi-tech and industrial products. A ‘great leader and organizer of sprawling defense teams’, Liam Montgomery‘s diverse litigation practice regularly includes product liability MDLs and class actions. Under the leadership of David Forkner , the firm has also established a prominent position representing food and beverage and pet food companies across a range of disputes, including as it relates to product liability and consumer protection matters. The ‘highly approachable, responsive, and respectful’ Stephen Raber is part of Forkner’s team and is ‘extremely gifted as a litigator and strategic defense counsel’, including in class actions regarding the alleged misleading and collusive marketing and labeling of products. Joseph Petrosinelli and Heidi Hubbard co-head the product liability group alongside Forkner, although their primary focus is centred on work in the pharmaceuticals and medical devices space.

Practice head(s):

David Forkner; Heidi Hubbard; Joseph Petrosinelli


Other key lawyers:

Liam Montgomery; Neelum Wadhwani; Stephen Raber


Testimonials

I appreciate the team’s strong bench of expertise in litigation, particularly procedural strategy, and its ability to ably defend clients in California given that some team members reside and are qualified there.’

The team is highly responsive, strategic and detail oriented.’

From top to bottom, you know you are getting whip-smart lawyers with the horsepower to delivery outstanding results.’

Stephen Raber is highly approachable, responsive, and respectful – with a refreshing lack of ego and a fun sense of humor. He is also extremely gifted as a litigator and strategic defense counsel.’

Liam Montgomery is a great leader and organizer of sprawling defense teams.’

 

Key clients

Tyco Fire Products, LP


Brown University


Gerber Products Company


W.W. Grainger, Inc.


Cardinal Health


Fifth Third Bank


Centene Corp.


Work highlights


  • Representing Tyco Fire Products in nationwide litigation involving chemicals contained in aqueous film-forming foams (AFFF), a firefighting foam used at US military bases and certain airports.
  • Representing Brown University in putative class action litigation filed in connection with the transition to remote and online classes when the Covid-19 pandemic arose in the Spring 2020 semester.
  • Representing Gerber Products Company in litigation involving the company’s baby food products, in which plaintiffs claim that baby food made by multiple manufacturers contained levels of heavy metals (lead, arsenic, and mercury) that caused childhood autism and ADHD.
     
     

Baker McKenzie LLP

Baker McKenzie LLP provides comprehensive protection to manufacturers of a range of consumer products, including relating to food and beverages alongside tech, both across litigation, and product recall and counselling matters. As part of his broad commercial litigation offering, San Francisco-based partner Mark Goodman handles a considerable volume of product liability/consumer litigation-related mandates, including work specific to California-based regulations, including Proposition 65 labeling, as well as more general class actions and MDLs. Erin Maus  departed in November 2022.

Practice head(s):

Mark Goodman


Other key lawyers:

Mark Taylor; Michael McCutcheon; Teresa Michaud; Barry Thompson


Key clients

Google LLC/Alphabet, Inc.


Huntsman Building Solutions


McCormick and Co.


Mondelēz Global LLC


Topco Associates, LLC


Thai Agri Foods


Subway


Yves Saint Laurent


Fluor


Work highlights


  • Representing Mondelēz in a landmark environmental nuisance and consumer fraud action involving plastic packaging for food and beverage products and the labelling of those products and packaging.
  • Acting in numerous Proposition 65 cases brought in Los Angeles against the world’s largest spice company and various retailers involving various McCormick food products.
  • Represented Topco Associates against a nationwide class action filed in the USDC for the Northern District of Illinois seeking damages and injunctive relief due to alleged mislabelling of children’s and infants’ acetaminophen products.

Cooley LLP

Picking up standalone mandates, as well as leveraging the firm’s market-leading West Coast-based venture capital offering, Cooley LLP handles a significant volume of product liability work for a hi-tech-focused client base. The scope of the work is broad and includes risk management and compliance advice in anticipation of bringing a product to market; compliance and regulatory obligations with product safety agencies; and representation in class actions following product recalls. Formerly Chief of Staff at the CPSC, Washington-DC-based partner Matt Howsare  has excellent credibility before the regulator and is a popular choice for clients on compliance and product recall matters. San Diego-based partner William O’Connor is noted for his skills as a trial lawyer and has had many successes in product liability litigation, including as it relates to consumer products and the aviation sector.

Practice head(s):

William O’Connor


Other key lawyers:

Michelle Doolin; Sonia Nath; Matt Howsare; Shawn Skolky


Testimonials

Matt Howsare was able to really get our case heard throughout the CPSC because of his positive working relationship throughout the organization and the respect they have for him.’

Matt Howsare and Shawn Skolky have an incredible depth of knowledge on product standards, know how to navigate the channels at the CPSC, and understood that new technology often times has issues because standards can’t predict the future.’

Key clients

Finnibin


Google


Thorley Industries


Work highlights


  • Represented Finnbin in litigation against the US Consumer Product Safety Commission concerning its approval of a final rule that requires all infant sleep products that are not currently subject to any of CPSC’s standards for infant sleep to meet a mandatory safety standard applicable to bassinets and cradles.
  • Represnting Google in a putative class action arising out of the recall of its Fitbit Ionic smartwatch.
  • Representing Thorley Industries in a putative class action arising out of 4moms’s recall of its MamaRoo infant swing and RockaRoo infant rocker products.

Dentons

Dentons is well-equipped to represent consumer product manufacturers  throughout the product life cycle, from advice on regulatory compliance, product recalls, and litigation risk assessment, through to litigation. In Los Angeles, Michael Duvall is particularly adept at handling consumer protection-related matters for clients in the food and beverage and nutrition industry,  regularly defending against product labeling and false advertising claims brought throughout the country. As well as handling litigation, San Diego-based partner Sarah Carlson  is particularly effective at assisting manufacturers, importers, distributors and retailers of consumer products on regulatory compliance and risk management matters, work which includes frequent interactions with the CPSC and managing product recalls. New York-based Sandy Hauser heads the team.

Practice head(s):

Sandy Hauser


Other key lawyers:

Jack Vales; Nathan Garroway; Michael Duvall; Sarah Carlson; Samuel Jubelirer


Key clients

GNC Holdings, Nutra Manufacturing and International Vitamin Corporation


Dermalogica


Unilever


Condé Nast and Consumer Reports


Trusted Media Brands Inc.


Condé Nast, Consumer Reports, Trusted Media Brands Inc.


The New York Times


Harlan Materials


Work highlights


  • Represented GNC Holdings, Nutra Manufacturing and International Vitamin Corporation in a nationwide class action alleging false advertising and deceptive labeling.
     
  • Representing Unilever in false advertising class action pending in the Southern District of New York, alleging that Dove bodywash products are falsely advertised as “skin- natural nourishing” and “gentle” due to the alleged presence of irritating synthetic chemicals.
  • Representing Condé Nast and Consumer Reports in separate class actions cases for allegedly failing to tell consumers who sign up for magazine subscriptions that they will be enrolled in an automatic renewal subscription program resulting in consumers being charged without their consent, in violation of California Automatic Renewal Law.

Hughes Hubbard & Reed LLP

Leveraging expertise throughout the country, including a particularly compelling East Coast and Midwest offering, Hughes Hubbard & Reed LLP is ‘very well-prepared to answer all kind of questions related to product liability matters’, irrespective of geographical location. The team is best-known for its  work in federally-regulated industries, and as well as its ‘stellar pharmaceuticals offering’, is also accomplished at handling matters relating to alleged damage caused by tobacco and speciality chemicals. Drawing upon trial and appellate litigation prowess, Kansas City-based partner James Berger  is adept at handling all aspects of complex litigation in multiple state and federal courts throughout the country; he continues to spearhead the firm’s efforts on behalf of tobacco company R.J.Reynolds in the Kent filter litigation. Best-known for their life sciences and medical devices expertise, New York-based practitioners Robb Patryk  and James C. Fitzpatrick co-head the overarching products liability and toxic tort offering.


Practice head(s):

Robb Patryk; James C. Fitzpatrick


Other key lawyers:

Charles Cohen; Theodore Mayer; Bill Beausoleil; Bill Maguire; Rita Haeusler; James Berger; David Woods; Daniel Weiner; Seth Rothman; Fara Tabatabai; Amina Hassan; Tina Schaefer; Eric Blumenfeld; Brendan Franzoni


Testimonials

Very well-prepared to answer all kind of questions related to product liability matters.’

The team has a stellar pharmaceuticals offering.’

 

Key clients

Ferro Corporation


Imerys Talc America/ Imerys S.A.


R.J. Reynolds Tobacco Company


LG Electronics USA, Inc.


Work highlights


  • Represented R.J Reynolds in defense of cases concerning exposure to asbestos in cigarette filter material.
  • Represented Imerys in its talc-related liabilities in the US.
  • Represented Ferro Corp. in multiple, alleged water contamination cases.

Kelley Drye & Warren LLP

Blending ‘best-in-class legal knowledge and acumen with efficient staffing’, Kelley Drye & Warren LLP represents a diverse client base in consumer class actions based on, inter alia, consumer fraud and false advertising allegations. Praised for his ability to ‘calm clients and business stakeholders in the face of conflict and challenging circumstances’, New York-based Michael Lynch  chairs the firm’s litigation practice and excels in defending well-known brands in high-stakes and potentially reputational threatening disputes. Lauri Mazzuchetti and Becca Wahlquist co-head the consumer class action defense group from New Jersey and Los Angeles, respectively, and are both noted, in particular, for their expertise in the defense of claims brought under the Telephone Consumer Protection Act.

 

Practice head(s):

Lauri Mazzuchetti; Becca Wahlquist


Other key lawyers:

Michael Lynch; Geoffrey Castello; Jaclyn Metzinger; Damon Suden; Whitney Smith; Glenn Graham; James Saylor


Testimonials

‘The team blends best-in-class legal knowledge and acumen with efficient staffing to offer one of the best buys in litigation.’

‘They dive deep with clients to truly understand the dynamics driving conflicts and business objectives.’

Mike Lynch is a rare outside counsel who helps calm clients and business stakeholders in the face of conflict and challenging circumstances.’

Key clients

Quincy Bioscience


Kohl’s Department Stores


Sotheby’s International Realty, Inc.


Riviana Foods Inc.


Take-Two Interactive Software


Endeavor


Red Robin Gourmet Burgers, Inc


ActiveProspect, Inc.


AmeriFactors Financial Group, LLC


Gerber Products Company / Nestlé Healthcare Nutrition


Work highlights


  • Represented Quincy Bioscience in Prevagen-related regulatory, counseling and litigation matters, including before the NAD and in the Federal Trade Commission investigation that led to litigation brought by the FTC and the New York Attorney General’s Office.
     
     
  • Representing Gerber in several class action lawsuits alleging false advertising relating to certain claims made in connection with Gerber® Good Start® Gentle infant formula.
  • Representing Kohl’s Department Stores in both individual and consumer class action lawsuits concerning alleged violations of the Telephone Consumer Protection Act (TCPA).

Nelson Mullins Riley & Scarborough LLP

Nelson Mullins Riley & Scarborough LLP is increasingly well-positioned to handle both individual and class action claims, irrespective of location and industry sector. The firm's expanding team offers first-chair trial credentials and is noted for its trial-ready approach that is appreciated by clients and frequently sees the firm securing roles as national trial counsel in relation to product liability matters across a wide array of consumer products. Best-known for her automotive product liability skills, Richmond-based trial lawyer Sandra Ezell, who joined the firm in January 2022 from Bowman and Brooke LLP, is also accomplished at trying consumer electronics-related cases. The team is co-headed by Mark Jones  and Alana Bassin from South Carolina and Minneapolis, respectively.

Practice head(s):

Mark Jones; Alana Bassin


Other key lawyers:

Mike Brown; Sandra Ezell


Key clients

American Optical


Colgate-Palmolive Company


Electrolux Home Products, Inc.


Johnson & Johnson


The Toro Company


Whirlpool Corporation


Work highlights


  • Representing Electrolux in a case arising from a fatal apartment fire allegedly caused by a Frigidaire refrigerator.
  • Representing American Optical for product liability matters involving underground mine respirators.

Proskauer Rose LLP

With a strong bench of product liability lawyers based out of California and New York, in particular, and afforded further bandwidth and additional resources by virtue of a strong commercial litigation offering, Proskauer Rose LLP handles intensive class actions/MDLs irrespective of industry sector. The team is best-known for its work in the pharma and health care space, including throughout the motion and trial stage. Many of the lawyers within the team have first-chair trial experience, including Los Angeles-based Bart Williams, a member of the prestigious American College of Trial Lawyers, and noted not only for his aptitude at handling private class action litigation but also parallel government investigations/enforcement actions. Susan Gutierrez and Lee Popkin  co-head the team from Los Angeles and New York, respectively.

Practice head(s):

Susan Gutierrez; Lee Popkin


Other key lawyers:

Bart Williams


Key clients

Bayer/Monsanto


Dr. Scholl’s


Gilead Sciences


Mattel/Fisher Price


 


Work highlights


  • Representing Monsanto and its parent company Bayer in a case brought by a woman claiming that use of the herbicide Roundup caused her non-Hodgkin’s lymphoma.
  • Representing Monsanto in a highly publicized jury trial in St. Louis, Missouri brought by three former users of the Monsanto herbicide, Roundup, on allegations that Roundup caused their Non-Hodgkin’s Lymphoma.
  • Representing Gilead Sciences in various California state and federal product liability actions brought by ~17,000 plaintiffs related to Gilead’s HIV prevention and treatment drugs.

Seyfarth Shaw LLP

With lawyers spread across its national footprint of offices, Seyfarth Shaw LLP receives a regular pipeline of high-quality work for a range of consumer-facing clients both in relation to product liability matters, as well as consumer fraud-related class actions. A number of the lawyers have a core grounding in advertising law, including Boston-based partner Joseph Orzano  whose client base includes food and cosmetic companies, who seek his advice from a risk management perspective on labeling as well as in litigation invoking the protection statutes of multiple jurisdictions. Chicago-based Kristine Argentine chair’s the national consumer class action group, with a considerable volume of her work emanating from alleged infractions of the TCPA. Washington DC-based Thomas Locke  co-heads the product liability team alongside Orzano and has earned a reputation over the years for his skill in achieving favorable early settlements for clients.

Practice head(s):

Kristine Argentine; Thomas Locke; Joseph Orzano


Other key lawyers:

William Prickett; Esther McDonald; Giovanna Ferrari; Aaron Belzer; Renee Appel


Testimonials

They display great professionalism and attention to detail.’

They are sensitive to costs and advise accordingly then leave the decision to the informed client. They do not disappoint.’

Key clients

JM Brands LLC


First Advantage Background Services Corp.


Pharmacare


Callaway Golf Company


American Armed Forces Mutual Aid Association


Personal Care Products Council


The Middleby Corporation


Work highlights


  • Representing JM Brands LLC in a class action lawsuit alleging that the company engaged in false advertising through its use of the phrase “Natural Hair Care,” while its products contain some synthetic ingredients, including those used to preserve the product.
  • Representing Personal Care Products Council, in 2,000 Federal Product Liability Lawsuits.
  • Representing Pharmacare against a nationwide consumer class action alleging that Pharamacare’s Sambucol products violate the Federal Food, Drug & Cosmetics Act, as well as California, Missouri, and Massachusetts consumer statutes.

Wilkinson Stekloff

Product liability and consumer class action cases form a core component of Washington DC-based trial litigation boutique Wilkinson Stekloff‘s workflow, with high-profile roles as national counsel and trial counsel in cases throughout the country. The scope of the work is broad, including disputes for pharmaceutical, tobacco and consumer product manufacturers – reflective of the firm’s capabilities in handling technical and scientific issues irrespective of the subject matter in a trial setting. Managing partner James Rosenthal was formerly Vice President and Associate General Counsel at Altria, and is currently a core member of the team representing his former employer in antitrust and consumer protection claims pending in the Northern District of California related to the JUUL Labs investment. Beth Wilkinson is also involved in the aforementioned matter and alongside fellow name partner Brian Stekloff , has ‘an exceptional track record’ at litigating bet-the-company disputes.

 

Practice head(s):

Beth Wilkinson; Brian Stekloff; Kosta Stojilkovic; Rakesh Kilaru; James Rosenthal


Other key lawyers:

Kieran Gostin; Cali Cope-Kasten


Key clients

3M Corporation


Altria Group Inc.


Bayer and Monsanto


Work highlights


  • Representing 3M in the first bellwether trial in PFAS litigation focused on aqueous film-forming foams (AFFF), City of Stuart, FL v. 3M Co., et al., and also directing 3M’s trial strategy in both the MDL and litigation in state courts throughout the country.
  • Representing Monsanto in federal litigation arising out of claims that its popular herbicide Roundup causes Non-Hodgkin Lymphoma.
  • Representing Altria in consolidated civil litigation by direct purchasers, indirect purchasers, and indirect resellers of Altria’s JUUL e-cigarette products.