In today’s litigious environment fueled by lawyer advertising and entrepreneurial litigation, product manufacturers and other businesses can be confronted with significant litigation and liability exposure arising out of unforeseen events. We can help limit your exposure by advising your company on liability prevention strategies, warnings and product labeling, and the product liability implications of regulatory action. We can also educate your management, sales force, and surveillance groups on product liability issues. Our attorneys will help you understand your liability exposures and, working with your insurance professionals, help negotiate insurance coverages to manage product-related risks.
Ultimately, when product liability or complex tort claims are asserted, we develop and implement a defense strategy that considers not only the impact of the particular case, but also the potential for additional cases, reputational harm, and related potential government regulatory action. This may involve dispositive motions or settlements, but underlying whatever strategy is selected in consultation with the client is always our willingness and ability to successfully prepare and try the case to a verdict.
We regularly represent and counsel manufacturers in complex personal injury matters, including the defense of complex and aggregated product liability litigation and high damages exposure tort litigation. We also represent clients in multimillion-dollar product-related commercial warranty and contract litigation involving products, including class actions.
Our attorneys have acted as national counsel and regional counsel in various multi-state litigations and have worked closely with clients on developing appropriate litigation strategies for efficiently dealing with multistate litigation. In this role, we focus on establishing and implementing an agreed-upon defense strategy based on the clients’ ultimate business goals. We also strive to manage communications with and demands upon the clients’ business personnel in order to minimize the disruption to a company’s day-to-day business operations as a result of having to deal with ongoing litigation in multiple forums.
- Demonstrated success representing companies in complex tort and product liability litigation throughout the United States
- Extensive trial, appellate and ADR experience defending large product manufacturers
- Deep experience in the health care sector — representation of defendants in numerous cases involving pharmaceuticals and biologic drug products, medical devices, surgical materials, and dental materials, among others
- Extensive local counsel relationships across the United States and access to appropriate experts as a result of those contacts and our experience
- Closely aligned with the firm’s Consumer Product Safety Practice based in our DC office, as well as the firm’s Class Action specialists
- Sophisticated technology for handling cases involving substantial electronic discovery
- Attorneys who specialize in the legal and practical issues raised by e-discovery and have conducted more than 20 document reviews involving more than 2 billion documents in the past five years alone
- Practice Chair who has testified on several occasions before committees of the Massachusetts Legislature on a number of pieces of legislation of interest to product manufacturers, pharmaceutical manufacturers, and biotechnology companies
- Attorneys who are active in groups such as the International Association of Defense Counsel (including serving on the faculty of the IADC’s prestigious Trial Academy), the Defense Research Institute (DRI), and American and State Bar associations
Areas of Focus
- Complex product liability litigation
- Catastrophic and high damage exposure personal injury litigation
- Product-related contract / commercial warranty disputes
- Toxic exposures
- Consumer class actions product recalls
- Product liability risk management
- Regulatory compliance training
- Clinical trials liability claims
Rankings & Recognitions
- Attorneys recognized by Best Lawyers and Super Lawyers
- Practice Chair invited to join the Fellows of the American Bar Foundation (an invitation-only nomination comprised of only a third of 1% of the top lawyers in the United States), and nominated to the Massachusetts Bar Foundation (limited to 5% of the Massachusetts Bar)
- Senior Associates have received various “rising star” accolades