Erin M. Bosman

Partner | San Diego • San Francisco

ebosman@mofo.com | (858) 720-5178(415) 268-5178

ebosman@mofo.com
(858) 720-5178
(415) 268-5178

From product development to litigation to recalls, I am there throughout the entire product life cycle protecting my clients’ best interests. I have earned my clients’ trust through my love for negotiating and my passion for getting great business outcomes.

Erin Bosman co-chairs MoFo’s Class Actions and Mass Torts Practice Group. Clients value her business strategy, seeking her comprehensive counsel throughout the product life cycle, especially in high-stakes litigation and product recalls.

Erin’s clients value her litigation acumen, retaining her as national coordinating and trial counsel in class action cases and multijurisdictional and multidistrict proceedings. A skilled negotiator, Erin has a long track record of securing dismissals and favorable settlements for her clients. Her courtroom skills have delivered successful jury verdicts and won appeals before the Second Circuit and California Court of Appeal.

Erin has represented major companies in MDL proceedings and successfully argued before the JPML. She navigates complex business relationships and serves as defense liaison counsel in cases where multiple defendants have conflicting defenses.

Outside the courtroom, Erin maintains a robust advisement practice, drawing on her litigation experience to counsel clients on product development, risk assessments, product labeling, and risk mitigation strategies to help them avoid and defeat product liability claims. When necessary, Erin advises on crisis management and guides clients through product recalls, representing clients before the Consumer Product Safety Commission (CPSC).

Erin is a problem-solver through and through. In that role, she advises clients on some of their most difficult product questions, focusing especially on emerging technologies in untested regulatory and litigation landscapes. She is a leader in the fields of wearables and digital health and counsels other clients that have innovative products in the technology sector.

Erin is a member of the Product Liability Advisory Council (PLAC), a fellow in the Litigation Counsel of America’s Trial Lawyer Honorary Society, and a former editor and frequent contributor of MoFo’s Class Dismissed blog.

More About Erin

In 1997, Erin was a judicial extern for the Honorable James F. Stiven, U.S. Magistrate Judge, Southern District of California. In 1999, she received her J.D. magna cum laude and Order of the Coif from the University of San Diego School of Law. During law school, she was an editor of the San Diego Law Review.

Erin is a member of the International Aviation Women’s Association and has served on the editorial board of Product Liability Law360.

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Experience

  • Erin is lead counsel for a leading fertility network that and its subsidiary in litigation arising out of a cryostorage tank failure that potentially affected hundreds of patients. Erin led the crisis management effort and is lead litigation counsel in a consolidated federal class action and over 40 individual cases filed to date in California state courts.

  • Erin has represented Fitbit before the Consumer Product Safety Commission (CPSC) since 2014, starting with the Force Activity Tracker recall, which was conducted successfully in a short time frame, minimizing negative public relations impact. Erin currently represents Fitbit before the CPSC on reporting requirements for Fitbit’s products and advises on new product development and risk mitigation, including media and public relations counseling, assisting with coordination of product testing, and product warnings and labels.

    Erin has served as lead counsel for Fitbit in five class action lawsuits and more than 300 personal injury lawsuits arising from the Force Activity Tracker recall, all of which were favorably resolved.

    Served as lead counsel defending Fitbit against its first consumer class action case, Brickman v. Fitbit, Inc. Plaintiffs brought suit on behalf of California and Florida purchasers, alleging that Fitbit’s activity trackers did not track sleep as advertised. Erin’s approach to this case focused on the intersection of litigation strategy with Fitbit’s business needs. In March 2018, Erin negotiated a settlement of this case that has received preliminary approval from the court.

    Erin is also lead counsel for Fitbit in McLellan v. Fitbit Inc., 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 Erin coordinates 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. Both the remaining litigation and arbitration favorably settled.

  • Serves as lead product liability counsel representing an orthopedic implant manufacturer in more than two dozen product liability cases filed around the country alleging injuries from hip replacement implants.

  • Represents a leading medical device company in over 1,500 Taxotere cases pending in an MDL assigned to the Eastern District of Louisiana, as well as 20 individual cases pending in state courts in California, Delaware, Mississippi, and New Jersey.

  • Worked with a major pharmaceutical company to stop the states of Missouri and Texas from using a significant anesthesia drug in executions. Faced with the threat of litigation, both states chose alternative methods for lethal injection. Our work helped prevent a catastrophic drug shortage because the European Union, which publicly opposes executions and had previously banned the export of drugs used in lethal injections, threatened to impose export restrictions if this drug was used for executions anywhere in the United States.

  • Served as national counsel for a large pharmaceutical company in nationwide pain pump litigation. These product liability cases alleged that local anesthetic products used in pain pumps led to postsurgical chondrolysis, a degenerative condition of the shoulder. Plaintiffs were young athletes claiming career-ending injuries. Erin secured her client’s dismissal from 189 cases brought by 478 plaintiffs, with no settlement payments, through voluntary dismissals and successful motions to dismiss.

  • Advised company on new products coming to market as part of a private label licensing business including diverse product lines such as personal care products, children’s furniture, automotive accessories, and educational supplies.

  • Advised a leading chemical company and led litigation strategy on potential liability for ingredients sold and used in a product currently under billion-dollar litigation.

  • Served as lead counsel before the CPSC in the voluntary recall of a product device. Erin also assists with product liability advisement including counselling regarding judicial and legislative efforts to limit liability, warning and labeling requirements, and risks assessment.

  • Represented Honeywell International Inc. in a lawsuit involving a mid-air collision over the Amazon jungle in Brazil between a Boeing 737 800, operated as Gol Airlines Flight 1907, and an Embraer Legacy 600. The accident resulted in the deaths of 154 passengers and crewmembers. Cases were brought in seven districts, and we were successful in obtaining consolidation of the cases for MDL treatment in the Eastern District of New York. Based on this work, our motion to dismiss the cases to Brazil for forum non conveniens was granted. On appeal, the District Court’s dismissal of the consolidated actions was affirmed by the Second Circuit.



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