Product manufacturers, suppliers, and resellers face complex legal issues that play out inside courtrooms, before regulatory agencies, and among business partners. We defend our clients as trial and global coordinating counsel in product liability and toxic tort cases. We advise clients on all aspects of regulatory compliance, labeling, and warning requirements, including providing comprehensive support if a client decides to conduct a product recall. And we advise clients on business-to-business transactions to assess and limit their product liability exposure.
Our clients lead cutting-edge industries, such as AI/robotics, automotive and autonomous vehicles, consumer products, food and wine, Internet of Things, medical devices, pharmaceutical, retail and cosmetics, and technology. We understand the dynamic legal and regulatory landscape and provide creative solutions so our clients can stay ahead of regulators, enforcers, and the plaintiffs’ bar.
Our experience spans the entire product life cycle:
For almost four decades, we have counseled clients on product stewardship and chemical use in areas such as agency rulemaking, litigation, and requirements imposed by the U.S. Environmental Protection Agency and U.S. Consumer Product Safety Act; the EU’s Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH), Restriction of Hazardous Substances (RoHS), and Waste Electrical & Electronic Equipment (WEEE) Directives; and China’s RoHS.
Our California lawyers understand how the state’s unique regulatory schemes, including Proposition 65, the California Air Resources Board’s requirements, and Green Chemistry Initiative, can affect our clients’ business operations. We help clients develop appropriate compliance strategies and navigate the multiple layers of federal, state, and local regulations, such as Sections 5 (new chemicals) and 14 (disclosure of data) of the U.S. Toxic Substances Control Act.
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Today, legal issues quickly become business issues. We work with our clients to prepare for, anticipate, and mitigate crises that arise out of product recalls, product defect allegations, industrial accidents, environmental releases, or other unexpected health and safety events. Working closely with the business, we develop strategies to protect our clients’ directors and officers, as well as the company’s brand, reputation, and bottom line.
Companies that seek manufacturing and supply chain solutions from around the world often face complex questions of indemnification and risk allocation. We advise clients on contract provisions that appropriately allocate risk in supply chain sourcing transactions and provide indemnification as part of a comprehensive risk management plan.
We represent insurers and policyholders in coverage matters involving comprehensive general liability, property/casualty, professional errors and omissions, and bond coverages. We defend insurers in “first-party bad faith” cases and represent reinsurers in regulatory matters and reinsurance litigation. We also represent clients, including property/casualty insurers and title companies, in administrative proceedings before California’s Department of Insurance such as those in which the state seeks millions of dollars in rate rollbacks under California’s Proposition 103.
Compliance with labeling and warning requirements is often the first line of defense in any action that challenges the integrity of our clients’ products. We counsel our clients before and after they launch a product on product safety compliance, including labels, warnings, and manuals; product safety standards; and other regulatory compliance.
If disputes go to trial, we are there to defend our clients’ businesses. MoFo has a successful track record in the courtroom. Our clients have prevailed in hundreds of cases before judges and juries. And ten of our lawyers belong to the most elite U.S. organizations for trial lawyers: the American Board of Trial Advocates and the American College of Trial Lawyers.
If a client decides to recall a product, we’re there with comprehensive support. We help clients decide whether to recall a product in the first place, coordinate and consult with regulatory agencies, coordinate a crisis and/or public relations response, and implement a corrective action plan.
International, federal, and state legal developments impact every stage of a product’s life cycle. Our counsel to our clients is just as expansive.
We advise clients on new “green chemistry” initiatives and the EU’s and China’s RoHS requirements that could impact their product designs.
We provide guidance for clients on the EU’s REACH, the U.S. Toxic Substances Control Act (TSCA), and new U.S. Consumer Product Safety Commission (CPSC) and state lead and phthalate restrictions that could affect their raw material and component sourcing.
We counsel clients on carbon emissions and water and energy use reductions that could alter their product manufacturing.
We advise clients on green advertising restrictions, Proposition 65, and other warning and disclosure requirements that could impact their product marketing.
We provide guidance for clients on toxics in packaging and waste minimization laws that could affect their product packaging.
And we counsel clients on take-back, recycling, and waste handling and disposal requirements that could shape their product disposal, including efforts to take-back, recycle, or reuse products or product components.
Chambers USA 2018 National: Product Liability and Mass Torts
Legal 500 US 2018 Product Liability, Mass Tort, and Class Action: Consumer Products Product Liability, Mass Tort, and Class Action: Pharmaceuticals and Medical Devices - Defense Product Liability, Mass Tort, and Class Action: Toxic Tort - Defense
Legal 500 US 2017 Product Liability, Mass Tort, and Class Action: Aerospace and Aviation
U.S. News – Best Lawyers® Best Law Firms 2018 New York: Product Liability Litigation – Defendants (Tier 1) San Diego: Product Liability Litigation - Defendants (Tier 1) San Diego: Mass Tort Litigation/Class Actions - Defendants (Tier 1) San Francisco: Personal Injury Litigation - Defendants (Tier 1)
Here is what they say about us:
“The team offers fantastic performance and a really strong global reach.” (Chambers USA 2018)
“One client describes the firm as ‘very knowledgeable in all aspects of products,’ noting that its lawyers ‘can answer any question we have.’"(Chambers USA 2017)
“Very good client service: their advice is prompt and to be relied upon. Their knowledge of the sector is excellent.” (Chambers USA 2015)
Product liability issues are set to increase new case activity for consumer products companies in 2018. Download our report to learn more.
“Very knowledgeable in all aspects of products,” noting that its lawyers “can answer any question we have.” (Chambers USA 2018)
MoFo Scores Significant Appellate Victory For Businesses in Fruit, Juice, And Baby Food Litigation
MoFo named California Product Liability Department of the Year for 2013 by The Recorder.
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