Morrison & Foerster has extensive experience representing companies in product liability matters relating to their Asia operations. Morrison & Foerster’s full-service Asia-based litigation team, with five partners, provides on-the-ground support to Asia clients in all aspects of product liability matters, including the development of product warnings, the analysis of litigation exposure, the implementation of product recall campaigns, and the trial and arbitration of product liability matters. We also have assisted clients in conducting internal investigations in Asia relating to claims involving product safety.

Our Asia-based team coordinates closely with our U.S. offices in the representation of clients before the various federal and state government agencies that regulate different aspects of product liability matters, including the U.S. Consumer Product Safety Commission, the Environmental Protection Agency, and the Food and Drug Administration. Our lawyers regularly negotiate successful outcomes with these agencies.

The firm has handled and tried product cases involving claims of manufacturing defect, design defect, and failure to warn. The firm has also handled and tried cases involving alleged exposures to toxic substances. In addition, the firm has defended tort, statutory, and other consumer claims (including various class actions) arising out of consumer products, industrial accidents, transportation accidents, and environmental releases.

Our product liability practice encompasses a broad range of industries, including consumer products, pharmaceuticals, medical devices, aerospace, automobile, food and wine, cosmetics and industrial equipment manufacturers.

We welcome the opportunity to answer your questions regarding our experience in, and qualifications for, specific matters. For more information, please contact Don Rushing in our San Diego office at (858) 720-5145, Charles Kerr in our New York office at (212) 468-8043, Mike Vella in our Shanghai office at +86 21 6335 2290, or Mark Danis in our Tokyo office at +81 3 3214 6717.

Representative Cases

• Representing Toshiba Corporation in a series of class actions alleging misrepresentations regarding the speed and performance of laptop computers. In addition, we have represented Toshiba in matters relating to product recalls.
• Defending the Japanese subsidiary of a major consumer brand against claims made in a lawsuit in Japan that the product is unsafe.
• Served as nationwide coordinating counsel for Sankyo in the Rezulin product liability litigation. As coordinating counsel, Morrison & Foerster was responsible for devising and implementing Sankyo’s defense strategy in hundreds of claims in state and federal court around the country.
• Represented Toyobo Inc, a Japanese manufacturer of Zylon® which is used in, among other things, ballistic resistant body armor.  We are handling 2 cases against Toyobo claiming that bullet resistant vests made of Zylon® failed to adequately protect the users.
• Represented a major Japanese product manufacturer in the worldwide recall of an allegedly defective thermostat used in industrial furnaces.  We assisted the client in structuring and managing the recall program, identifying and tracing the products at issue, including developing external communications with vendors and customers, designing the financial and logistical procedures for the recall, and working with counsel in Europe, Africa. and South America. 
• Represented a U.S. public company and its Asia subsidiary in an investigation of alleged improper labeling of the grade and quality of plastics used in computer monitors and other electronics equipment.
• Represented a U.S.-based public company in an internal investigation of a whistleblower complaint regarding self-dealing and product safety issues in its China-based sourcing operations.
• Assisted a major Japanese consumer electronics manufacturer with replacement programs, including designing the programs, advising on external and internal communications, and negotiating with the suppliers of the components at issue.