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HHS Guidance Broadens PREP Act Immunity, Tightens Focus on Public/Private Cooperation

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On April 14, the U.S. Department of Health and Human Services (HHS) issued an advisory opinion on the Public Readiness and Emergency Preparedness (PREP) Act to clarify the scope of immunity that accompanies developing and deploying countermeasures to COVID-19.

We are Morrison Foerster — a global firm of exceptional credentials. Our clients include some of the largest financial institutions, investment banks, and Fortune 100, technology, and life sciences companies. Our lawyers are committed to achieving innovative and business-minded results for our clients, while preserving the differences that make us stronger.Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations. Prior results do not guarantee a similar outcome.

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HHS Guidance Broadens PREP Act Immunity, Tightens Focus on Public/Private Cooperation

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Erin Bosman is the global co-chair of Morrison Foerster’s litigation department. Erin is also the founder and co-head of the Artificial Intelligence group and former chair of the Complex Litigation + Advisement 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. She navigates complex business relationships and serves as a defense liaison counsel in cases where multiple defendants have conflicting defenses. A skilled negotiator, Erin has a long track record of securing dismissals and favorable settlements for her clients. When trial is needed, her compelling courtroom skills have delivered successful jury verdicts and appellate victories.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, with particular focus on emerging technologies in untested regulatory and litigation landscapes. She is a leader in the fields of wearables and digital health, medical device and pharmaceuticals, and consumer products. Erin counsels clients that have innovative products in the technology and artificial intelligence sector. In addition to her knowledge and experience in the AI space, Erin has also advised clients working with autonomous vehicles, sensors, robotics, and IoT.Erin has received numerous accolades for her legal work, including by the Daily Journal, Chambers USA, and The Legal 500 US, where market commentators praised her as “an exceptional strategist with highly effective negotiation skills” who “has the respect and admiration of her team and her clients.” Erin is a two-time recipient of  “Product Liability Lawyer of the Year” from Euromoney America’s Women in Business Law Awards, honoring high-achieving female lawyers and progressive law firms. In 2025, Erin was again recommended in Mass Tort Litigation/Class Actions – Defendants by Best Lawyers in America. The Legal 500 continues to recognize Erin as a Leading Lawyer in Dispute Resolution: Product Liability, Mass Tort, and Class Action. She was also named as a “Top Healthcare Lawyer” by the Daily Journal, honoring her as a leading California lawyer who specializes in healthcare litigation, transactions, and counseling. Erin was also short listed in the Financial Times’ North American Innovative Lawyers Awards in the Most Innovative Legal Practitioner category for her expertise in solving clients’ problems.Erin is a member of the Product Liability Advisory Council (PLAC), a member of the editorial board for Product Liability Law 360, and a former editor of and frequent contributor to MoFo’s <a target="_blank" href="http://classdismissed.mofo.com/">Class Dismissed</a> blog.<h5>More About Erin</h5>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 Bosman

Co-Chair, Litigation Department

Julie Park is the co-chair of Morrison Foerster’s Complex Litigation + Advisement practice group and managing partner of the San Diego office.Julie protects her clients’ products throughout the product life cycle. Drawing on her deep technical and legal experience, she counsels clients on consumer product safety regulation and pharmaceutical and medical device preemption. She manages complex and multijurisdictional litigation both in state and federal court and also guides clients through product recalls.Clients appreciate Julie’s ability to assess both the practical business implications and legal impact of a matter. They also value the way she recommends solutions that meet their objectives.Julie is committed to providing thought leadership for her clients. She is an editor of, and frequent contributor to, MoFo’s <a href="http://classdismissed.mofo.com/" target="_blank">Class Dismissed</a> blog, where she provides insights on class-action and product–related issues affecting companies in the consumer arena. She has been recognized for her writing as a top author in the JD Supra Readers’ Choice Awards, 2016–2019.Julie is also committed to pro bono service and diversity in the legal profession. While at Harvard Law School, she worked at the Harvard Legal Aid Bureau, a nonprofit law firm that provides free legal services. She has continued her pro bono work at MoFo, which has resulted in her being a regular recipient of the Wiley W. Manuel Award from the California State Bar for pro bono contributions. She co-chairs the firm’s Women’s Strategy Committee and has served on the Associates Steering Committee of Athena San Diego, an organization that promotes professional growth for women executives and rising managers in science and technology.Julie brings an industry perspective to her work with MoFo. Before going to law school, she was a medicinal chemist at Pfizer, where she researched cancer drugs.Beyond her impressive legal work, Julie has a life in the arts. She is a professional-level violinist who performs with chamber music groups in the San Diego area and has played with the Harvard-Radcliffe Orchestra, Cambridge University Chamber Orchestra, and La Jolla Symphony.