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Readers Choice Award: Top Firm – Product Liability
JD Supra, 2019-2020


Represented Fitbit in a class action alleging that a wearable device does not accurately track sleep as advertised and in two putative class actions alleging that Fitbit’s heart rate monitoring does not work as advertised.

Served as lead counsel for Fitbit in two consolidated cases alleging that Fitbit’s heart rate monitoring does not work as advertised. The heart rate monitoring class actions spawned securities class actions against the company and we coordinated the interplay between both sets of cases. The judge granted Fitbit’s motion to compel arbitration, sending 12 of the 13 named plaintiffs to arbitration. This case raises novel issues regarding the scope of arbitration agreements and class action waivers.

Secured dismissal of a products liability case on preemption grounds, based on the prohibition under federal law for entities other than New Drug Application holders to strengthen a drug’s warnings. The Supreme Court applied this reasoning to generic manufacturers in its 2011 landmark ruling in Mensing, but no California state court had extended the reasoning to distributors. The court sustained our demurrer in a detailed order discussing Mensing and justifying its extension of California law, dismissing the claims as preempted by federal law.

Worked as lead counsel for a network of fertility clinics in a class action and mass tort litigation arising out of a cryostorage tank failure at one of the clinics.

Served as an orthopedic device manufacturer’s national product liability counsel, providing broad-based support on product development and product safety issues, in addition to serving as lead counsel in product liability litigation matters.

Advised a security camera manufacturer on product safety compliance and recalls, coordinating root cause investigations and representing the company before the CPSC during voluntary recalls.

Counseled a video game company on product liability issues, including risk assessments, product development and risk minimization, and new questions arising from open source code; also assisted with crisis management for product safety incidents.

Advised a luxury, high-performance eyewear manufacturer on the use of warning labels and instruction manuals for its sunglasses, 3D eyewear, and hydro pens.

Advised a retailer of high-end children’s products on product safety incidents, product recall and reporting issues, flammability requirements, third-party testing requirements, required General Certificate of Conformity regulations under the Consumer Product Safety Improvement Act (CPSIA), and Proposition 65 warnings.

Helped an electronics manufacturer develop a response plan, public relations plan, and customer settlements in connection with reported product safety incidents; assisted the client in determining whether incidents constituted reportable events to the CPSC, and worked closely with the CPSC in responding to customers.