Herbert Smith Freehills Kramer‘s products liability and complex tort litigation practice represents and defends global manufacturers, suppliers, and retailers across industries such as consumer electronics, personal care, tobacco, and mining. The firm has in-depth expertise in high-stakes cases, including personal injury lawsuits, class actions, and regulatory disputes, and often acts as international coordinating counsel for cross-border litigation. The practice has recently represented Samsung SDI in a high-profile series of product liability claims involving lithium-ion battery defects, and longstanding client British American Tobacco in global product liability and regulatory disputes. Alongside this more conventional product liability work, the practice has accrued significant expertise in ESG and climate change litigation, advising clients on public nuisance, human rights, and consumer fraud claims. Key attorneys of the group are praised by clients for being ’equally strong at trying cases, making legal arguments, and managing wide-ranging litigation’, with prominent partners including practice head Gregory Loss, a partner with great experience in product liability and regulatory counseling. Practice co-head Benjamin Rubenstein brings extensive global expertise to US and international product liability matters, while Maxwell Herman is working across several major disputes for the team, including the defense of both Samsung SDI and BAT. All lawyers mentioned are based in New York.
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Testimonials
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‘Very familiar with advising English clients on US litigation defence.’
‘HSF has long, deep, and broad history in mass torts, with experience as national coordinating counsel, international coordinating counsel, lead trial counsel, and lead appellate counsel. In short, they do it all, everywhere.’
‘Partners Greg Loss and Ben Rubinstein know the science and law of mass torts in just about every jurisdiction you can imagine. They are equally strong at trying cases, making legal arguments, and managing wide-ranging litigation. The full package.’
‘They have achieved top outcomes, based on strategic advice and nuanced thinking. Their work with technology and within complex scientific disciplines is particularly noteworthy. ’
‘Benjamin Rubinstein - fierce advocate who provides very strategic legal advice; great communication skills’
‘The firm has extensive experience in the product liability laws, ensuring that the client receives the highest quality representation. At the same time, the firm is dedicated to understanding the client's unique needs and delivering tailored solutions. The firm is committed to build a long-lasting relationship with the client.’
‘Benjamin Rubinstein - Ben is a seasoned partner with a blend of technical expertise and managerial acumen, consistently demonstrating strong leadership for the defense team.'
Key clients
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- Samsung SDI Co., Ltd.
- Dyson
- British American Tobacco
- We have included in this section our publishable work for BAT. We include our confidential regulatory and litigation related matters for BAT in the confidential section. Our clients value HSF's versatility to not only advocate for them in litigation and in contentious regulatory fora, but to advise them before any litigation is filed or regulatory challenges are required. For this reason, much of our client work is confidential, and described in the confidential section below.
Work highlights
Acting for British American Tobacco, advising several BAT companies in multiple health care recoupment lawsuits in Canada.
Advising British American Tobacco and Souza Cruz, the largest Brazilian tobacco manufacturer, in defense of a healthcare cost recoupment lawsuit filed in 2019 by the Federal Government of Brazil where the government is seeking billions in recoupment of health care costs, 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.
Lawyers
Leading partners
The strongest partners in their field, leading on market-leading deals and endorsed by peers and clients alike.
Benjamin Rubenstein
Leading associates
Leading associates with regular involvement in their team's key work, and recognition from peers or clients as being ones to watch.
Maxwell Herman
Practice head
Gregory Loss, Benjamin Rubinstein
Other key lawyers
Maxwell Herman