Morrison Foerster’s Class Dismissed blog provides insights, recommendations, and timely reports on the latest defense news, developments, and trends in the most current class actions lawsuits and product liability issues that affect consumer-facing companies. Through Class Dismissed, attorneys from our nationally recognized Consumer Class Action and Products Liability practices offer a real-time assessment of the developments in matters that are shaping the industry. This blog examines the full spectrum of consumer-related class action and product liability lawsuits ranging from false advertising, privacy, consumer product safety, ADA, food misbranding, TCPA, environment, retail, and government actions as well as nationwide and multidistrict litigation class actions.<h2>ABOUT MORRISON FOERSTER</h2>Morrison Foerster is a leading global law firm that transforms complexity into advantage for its clients. Our clients include some of the largest financial institutions, banks, consulting and accounting firms, and Fortune 100, technology, and life sciences companies. Highlighting the firm’s commitment to client service, leadership in market-changing deals and impact litigation, and values-based culture, Morrison Foerster has been repeatedly recognized as one of the top 10 firms on The American Lawyer’s A-List. Year after year, the firm receives significant recognition from Chambers and The Legal 500 across their various guides, including Global, USA, Asia‑Pacific, Europe, UK, Latin America, and FinTech Legal. Our lawyers passionately care about delivering legal excellence while living our values. Morrison Foerster has a long-standing commitment to creating a culture that respects and celebrates differences, while providing an inclusive environment. The firm has achieved Mansfield Certification Plus since 2018 as a result of successfully reaching at least 30 percent women, communities of color, and LGBTQ+ lawyer representation in a notable number of current leadership roles and committees. The firm also has a long history of commitment to the community and society through providing pro bono legal services, including litigating for civil rights and civil liberties, improving public education and fostering the wellbeing of children, advocating for veterans, promoting international human rights, enforcing the right to asylum, and safeguarding the environment.

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Partner

Julie Park protects her clients’ products no matter what kind of product issue they face—whether it is planning for new product development, recalling an existing product, or defending clients against product liability or consumer class actions. Drawing on her deep technical and legal expertise, Julie counsels clients on consumer product safety regulation and pharmaceutical and medical device preemption while also managing complex and multijurisdictional litigation both in state and federal court.

Julie Y. Park

<div class="videoWrapper"><iframe frameborder="0" class="sticky-video" allowfullscreen="1" title="Meet Penny Preovolos, Litigation Partner" src="https://www.youtube-nocookie.com/embed/hv7hYn-Bl7c?rel=0&showinfo=0;vq=hd1080" title="iframe"></iframe></div>Penelope has served as lead counsel in major consumer class actions and antitrust cases for more than 35 years, successfully representing high-profile defendants in antitrust, consumer fraud, and product defect matters. Her clients span a range of industries, including consumer electronics, technology, retail, publishing, food and beverage, cosmetics, and household products. According to Chambers USA, Penelope has a “great reputation for antitrust and product liability work” and is a “superb all-around antitrust lawyer.”Penelope was named the 2019 Antitrust Lawyer of the Year by the Antitrust, UCL, and Privacy Section of the California Lawyers Association. She was co-chair of MoFo’s antitrust practice for 14 years. She has served as chair of the Antitrust and Trade Regulation Section of the State Bar of California and as a member of the Ninth Circuit Advisory Committee on Local Rules and Operations. She is an editor of and frequent contributor to Morrison & Foerster’s <a href="https://classdismissed.mofo.com/">Class Dismissed blog</a>, as well as a frequent speaker about class action and antitrust issues.More About PenelopePenelope clerked for the Honorable Charles M. Merrill, United States Court of Appeals for the Ninth Circuit. She graduated cum laude from Harvard Law School, where she was executive editor of the Harvard Civil Rights – Civil Liberties Law Review. Penelope was a member of Phi Beta Kappa at the University of California, Berkeley. She was awarded the University Medal, the highest undergraduate honor at the university, as well as the English Departmental Citation (awarded to the outstanding graduate in that department).

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Senior Counsel

Penelope has served as lead counsel in major consumer class actions and antitrust cases for more than 35 years, successfully representing high-profile defendants in antitrust, consumer fraud, and product defect matters. Her clients span a range of industries, including consumer electronics, technology, retail, publishing, food and beverage, cosmetics, and household products.

Penelope A. Preovolos

Claudia focuses her practice on the defense of consumer class actions and on complex commercial litigation, including unfair business competition, false advertising, product liability, and privacy matters. She is currently representing numerous consumer goods manufacturers and retailers in false advertising and mislabeling class action lawsuits. Claudia also regularly counsels clients in the food, cosmetics, retail, and technology industries. She represents companies in false advertising disputes before the National Advertising Division (NAD) of the Council of Better Business Bureaus, Inc.<h5>More about Claudia</h5>Claudia is active in MoFo’s pro bono efforts, and recently traveled to El Paso, Texas, to work with families separated and detained at the border. She is also supervising a pro bono collaboration with Equal Rights Advocates, a nonprofit fighting for gender justice in work places and schools across the country. The initiative will help students who have been victims of sexual assault, attempted assault, or harassment find support and seek justice. Claudia is also a board member of Bay Area Legal Aid and a former board member of Equal Rights Advocates. Claudia is an editor and frequent contributor to MoFo’s <a href="https://classdismissed.mofo.com/">Class Dismissed</a> blog, which provides reports about the latest defense news, developments, and trends in class action lawsuits and product liability issues that affect consumer-facing companies. Her perspectives are also respected in the larger legal community: Claudia has published articles about class action and false advertising issues, and is a co-author of Chapter 7 — “Unfair Competition in California Business Litigation 2016” — of The Recorder. She also regularly speaks at conferences on class action and advertising trends. Claudia is currently serving as a Lawyer Representative for the Northern District of California. She received her J.D. degree in 2004 from Berkeley Law (Boalt Hall School of Law), where she was an associate editor of the Berkeley Technology Law Journal.

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Claudia focuses her practice on the defense of consumer class actions and on complex commercial litigation, including unfair business competition, false advertising, product liability, and privacy matters. She is currently representing numerous consumer goods manufacturers and retailers in false advertising and mislabeling class actions.

Claudia M. Vetesi

Alexandra Barlow is a partner in the Litigation Department of Morrison Foerster’s San Diego office.Alexandra litigates product liability matters involving medical devices, pharmaceuticals, consumer products, automobiles, and AI. Alexandra's litigation expertise spans the entire case life cycle in both state and federal courts. She handles all phases of discovery, including fact investigation and expert discovery. Alexandra has taken over twenty-five depositions, including experts, plaintiffs, treating physicians, and third-party witnesses. She drafts and argues motions of all types, including motions for summary judgment, motions to quash, and motions for preliminary injunction.Alexandra has significant trial experience. She has first-chaired a one-week jury trial and second-chaired a five‑week jury trial, both involving multiple claims and witnesses. She also has extensive experience in alternative dispute resolution, representing clients at mediations, mandatory settlement conferences, and early neutral evaluations.Alexandra enjoys tracking developments and keeping her clients updated on product liability and personal injury claims, frequently writing or presenting on emerging areas such as autonomous vehicles and smart devices. Alexandra’s experience also extends to professional liability, warranty claims, eminent domain, and construction law.Alexandra earned her J.D. from the University of San Diego School of Law. While in law school, the San Diego Law Review published her comment on the recovery of damages by plaintiffs in a persistent vegetative state, and she also served as a comment editor. She received her B.A. from the University of California, Los Angeles, where she majored in Political Science and minored in Spanish. A San Diego native, she attended a Spanish immersion school through the eighth grade. Alexandra is active in the San Diego community, advising students at a local college. She is also a member of several legal organizations in San Diego, including Lawyer’s Club, the Association of Business Trial Lawyers, and Wallace Inn of Court.

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Alexandra Barlow is a partner in the Litigation Department of Morrison Foerster’s San Diego office. Alexandra litigates product liability matters involving medical devices, pharmaceuticals, consumer products, automobiles, and AI. Alexandra’s litigation expertise spans the entire case life cycle in both state and federal courts. She handles all phases of discovery, including fact investigation and expert discovery. Alexandra has taken over twenty-five depositions, including experts, plaintiffs, treating physicians, and third-party witnesses. She drafts and argues motions of all types, including motions for summary judgment, motions to quash, and motions for preliminary injunction.

Alexandra Barlow is a partner in the Litigation Department of Morrison Foerster’s San Diego office. Alexandra litigates product liability matters involving medical devices, pharmaceuticals, automobiles, AI, and robotics. Alexandra's litigation expertise spans the entire case life cycle in both state and federal courts. She handles all phases of discovery, including fact investigation and expert discovery. Alexandra has taken over twenty-five depositions, including experts, plaintiffs, treating physicians, and third-party witnesses. She drafts and argues motions of all types, including motions for summary judgment, motions to quash, and motions for preliminary injunction.

Alexandra Barlow

Adam J. Hunt is a partner in the Litigation Department of Morrison Foerster’s New York office. His practice focuses on complex litigation, with an emphasis on class action and commercial litigation.Mr. Hunt has extensive experience representing consumer products companies, financial institutions, and technology firms in class action cases and complex commercial disputes before state and federal trial courts, as well as in arbitrations. Clients seek Mr. Hunt’s counsel for his creative, strategic thinking in high-stakes, high-profile matters. He has represented clients facing claims under false advertising, antitrust, and privacy laws throughout the country, securing wins at the pleading stage, summary judgment, and trial, in addition to negotiating favorable settlements, often early in the case. Representative experience includes successfully securing rulings dismissing two putative false advertising class action cases against one of the best-known consumer electronics companies in the world; obtaining a complete win on summary judgment for a major shipping and logistics company in a multimillion-dollar commercial dispute; appearing as counsel at trial for a leading financial institution in a $100 million commercial dispute, winning a bench trial verdict; and prevailing on motions to dismiss false advertising class actions against a leading Greek yogurt company.Mr. Hunt is also an editor of the firm’s <a href="https://classdismissed.mofo.com/" target="_self">Class Dismissed blog</a>, which provides insights, recommendations, and timely reports on the latest defense news, developments, and trends in the most current class action lawsuits that affect consumer-facing companies.Mr. Hunt maintains an active pro bono practice and is the recipient of the New York State Bar Association’s 2017 President’s Pro Bono Service Award for the First Judicial Department, the 2018 Public Service Award from New York University School of Law, and Morrison Foerster’s Kathi Pugh Award for Pro Bono Services.Mr. Hunt received his B.A. with honors from Swarthmore College and his J.D. cum laude from New York University.

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Adam Hunt is a partner in the Litigation Department of Morrison Foerster’s New York office. His practice focuses on complex litigation, with an emphasis on class action and commercial litigation.

Adam Hunt

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Alexandra Preece Barlow

Adam J. Hunt

The Future of Section 230: Protection Against Product Liability Claims?

New Wave of PFAS Legislation Aimed at Consumer Products

CPSC Releases Annual Report on Deaths and Injuries Involving Nursery Products

CPSC Proposes New Safety Rules for Infant Rockers

CPSC Commissioners Abstain from Retracting Infant Sleep Product Statements

It is easier than ever to identify a consumer with just a few pieces of seemingly innocuous information.  Advances in big data analytics, combined with the increasing volume of data generated by consumers in their daily lives, have “increasingly blurred [the] line” between personally identifying information (PII) and non-PII, according to a recent speech by Federal Trade Commission (FTC) Chairwoman Edith Ramirez.  She expanded on her point by expressly stating that the FTC “now regard[s] data as personally identifiable when it can be reasonably linked to a particular person, computer, or device.”  According to the Chairwoman, “[i]n many cases, persistent identifiers, such as device identifiers, MAC addresses, static IP addresses, and retail loyalty card numbers meet this test.”

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Clients seek out Julie because of her practical advice on cutting-edge issues at the intersection of privacy and consumer protection laws. She provides clients with practical solutions to compliance c

Julie O'Neill

Clients seek out Julie because of her practical advice on cutting-edge issues at the intersection of privacy and consumer protection laws. She provides clients with practical solutions to compliance challenges around a wide variety of both online and offline privacy issues, including tracking, interest-based advertising, geo-targeting and other mobile tracking, personalization, and cross-device tracking. Recognized in The Legal 500 US 2014, 2016, 2019, and 2020 and Chambers USA 2021 for her exceptional legal work, her clients praise her saying, “She is really good at giving practical, targeted advice and taking stock of what the risk profile of the client is, so that the advice is holistic.” (Chambers USA 2021).

The Scope of “Personally Identifiable Information” Is Changing

It is easier than ever to identify a consumer with just a few pieces of seemingly innocuous information.  Advances in big data analytics, combined with the incr

The Scope of “Personally Identifiable Information” Is Changing

In Spokeo, Inc. v. Robins, the Supreme Court clarified the requirements necessary for plaintiffs to establish standing.  The Court held that an allegation of a statutory violation, without some showing of concrete harm, is not enough.  Concrete harm, however, is not synonymous with tangible harm.  In evaluating standing, the issue articulated by the Court is whether the particular violations alleged entail a degree of risk of harm sufficient to meet the concreteness requirement. While the Court provided some guideposts, lower courts must engage in a fact-intensive analysis to evaluate the sufficiency of risk of harm.  To read more about the Spokeo decision, see our previous blog post <a href="http://classdismissed.mofo.com/class-action/the-supreme-courts-spokeo-decision-concrete-shoes-for-consumer-class-actions/">here</a> and read our discussion of Spokeo’s impact on product liability claims <a href="http://classdismissed.mofo.com/consumer-products/generalized-products-liability-claims-not-viable-post-spokeo/">here</a>.Before the Court handed down Spokeo, many cases were stayed, hopeful that the decision would resolve questions of standing.  We report below on several cases that had been stayed pending a decision in Spokeo to see what trends have emerged in lower courts’ application of Spokeo.Trend 1: Case DismissedCourts have dismissed cases alleging no more than “bare procedural violations.”  Under Spokeo, such allegations are insufficient to confer standing.  Plaintiffs in Smith v. Ohio State University, No. 2:15-cv-3030 (S.D. Ohio June 8, 2016) and Alaleh v. XO Communications, No. 2:15-cv-05507-SJO-FFM (C.D. Cal. filed June 8, 2016) admitted that they suffered no concrete or consequential damages, so courts dismissed the actions citing Spokeo.  These cases stand for the broader trend that bare procedural violations will not survive post-Spokeo.Trend 2: Let’s Settle ThisSeveral actions that were stayed pending Spokeo settled while waiting for the Court to hand down its opinion or shortly thereafter.  See, e.g., Taylor v. Spherion Staffing LLC, et al. No. 3:15-cv-2299 (N.D. Ohio 2015), Ernst v. Dish Network, LLC, et al. No. 1:12-cv-8794 (S.D.N.Y May 27, 2016); Hillson et al. v. Kelly Services, No. 2:15-cv-10803 (E.D. Mich. June 8, 2016).  The cases that settled involved allegations of statutory violations.  Although Spokeo left open the possibility that a statutory violation may involve a sufficient risk of harm to satisfy the concreteness requirement, settlement may have presented a more attractive alternative than extended litigation about the sufficiency of alleged harms.Trend 3: See You in State CourtFor the majority of stayed cases that we tracked, Spokeo did not immediately resolve the standing questions.  In about a third of these ongoing cases, the lower court, sua sponte, ordered parties to file supplemental briefs or reports discussing Spokeo’s impact on the action, indicating that courts are uncertain about what factors to consider in determining which harms present a sufficient risk to meet the concreteness requirement.  In supplemental reports filed so far, plaintiffs allege that Spokeo did not change the state of Article III standing law since intangible injuries can still meet the concreteness requirement.  Defendants take the opposite view, reading Spokeo to require actual harm.Instead of addressing head-on whether the requirements of standing have been met, some plaintiffs have argued that the defendants who removed the action to federal court bear the burden of establishing the elements of standing and if they cannot, the action should be remanded back to state court, rather than dismissed.  The plaintiffs in Bulcao, Jr. v. Ziprecruiter, Inc., No. 2:15-cv-7340 (C.D. Cal June 27, 2016) employed this strategy in response to the court’s order to show cause why the action should not be dismissed for lack of standing.  Although Ziprecruiter settled before the issue of remand was decided, courts have remanded other actions to state court after finding no Article III standing.  See Patton v. Experian Data Corp., No. 15-cv-1871 (C.D. Cal. May 6, 2016).So the uncertainty left in the wake of Spokeo could lead to more action in state court.TakeawaysSince the Supreme Court’s narrow decision in Spokeo, several trends have emerged in lower courts.  While Spokeo seems to clearly preclude actions in which plaintiffs alleged only a bare procedural violation and suffered no concrete or consequential harm, less clarity exists as to what degree of risk of harm is sufficient to meet the concreteness requirement.  As courts continue to apply the Spokeo rationale to more actions, perhaps it will not be long before one trend emerges as the most dominant. *Co-author Claire Bonelli was a summer associate in our San Francisco office.

Nature's Path Foods

Suja Juices

Unilever USA Inc.

Nature’s Path Foods and Sprouts Farmers Market

Iovate Health Sciences, International

Claudia focuses her practice on the defense of consumer class actions and on complex commercial litigation, including unfair business competition, false advertising, product liability, and privacy mat

Claudia Vetesi

Trending Now: Article III Standing After Spokeo

In Spokeo, Inc. v. Robins, the Supreme Court clarified the requirements necessary for plaintiffs to establish standing.  The Court held that an allegation of a 

Trending Now: Article III Standing After Spokeo

The Ninth Circuit Court of Appeals’ recent decision in Haskins v. Symantec Corp., Case No. 14-16141 (9th Cir. June 20, 2016), supports the requirement that plaintiffs must allege exposure to and reliance on specific misrepresentations in order to maintain fraud claims.  Plaintiff Kathleen Haskins alleged Symantec had violated unfair competition laws (UCL) by waiting until 2012 to inform customers that previous versions of its antivirus software may have vulnerabilities due to a 2006 data breach.In June 2014, U.S. District Judge Jon S. Tigar dismissed plaintiff’s Third Amended Complaint because plaintiff had not cited any particular advertisement or representation made by Symantec upon which she relied. In an unpublished opinion, the Ninth Circuit agreed, holding that plaintiff “failed to plead her fraud claims with particularity as required by Rule 9(b) of the Federal Rules of Civil Procedure.”Under California law, plaintiffs may be able to avoid pleading individualized reliance on specific misrepresentations when the alleged misrepresentations are a part of an extensive advertisement campaign. Here, however, the Ninth Circuit held that Haskins failed to establish that Symantec was engaged in such a campaign.

Ninth Circuit Affirms Dismissal of Fraud-Based UCL Claims Based on Lack of Reliance

The Ninth Circuit Court of Appeals’ recent decision in Haskins v. Symantec Corp., Case No. 14-16141 (9th Cir. June 20, 2016), supports the requirement that plai

Ninth Circuit Affirms Dismissal of Fraud-Based UCL Claims Based on Lack of Reliance

On July 29, 2016, President Obama signed into law the federal genetically engineered (GE) food labeling bill (S. 764). The bill passed the U.S. House of Representatives on July 14, 2016, 306-117, with broad bipartisan support. The Senate had previously passed the final bill, 63-30, on July 7. The bill will create a nationwide labeling standard for foods containing GE ingredients, and puts an end to the patchwork of state legislation that has developed over the past few years, including the nation’s first GE food labeling law in Vermont that was supposed to go into effect in July.

President Signs Federal GMO Food Labeling Bill

On July 29, 2016, President Obama signed into law the federal genetically engineered (GE) food labeling bill (S. 764). The bill passed the U.S. House of Represe

President Signs Federal GMO Food Labeling Bill

In a recent opinion, the Supreme Court of California formally adopted the Sophisticated Intermediary Doctrine, clarifying what circumstances may permit a raw materials supplier to discharge its duty to warn consumers.  Webb v. Special Electric Co., No. S209927, slip op. (Cal. May 23, 2016).  Although Webb involved hazardous raw materials, the holding could apply broadly to many types of component suppliers.Though it is hardly a free pass, the long-awaited ruling allows suppliers of raw materials to discharge their duty to warn by relying on intermediaries to warn downstream users.  But the defense is only available if the supplier conveys adequate warnings to the intermediary or if the intermediary is a sufficiently sophisticated purchaser.  The supplier can then reasonably rely on the purchaser to convey adequate warnings to others—including those who encounter the material in a finished product.  What is reasonable reliance?  Not surprisingly, it depends on all attendant circumstances, including the degree of risk posed by the material, the likelihood the purchaser will convey warnings, and the feasibility of directly warning end users.BackgroundPlaintiff William Webb was employed by Pyramid Pipe & Supply Co. (“Pyramid”) as a warehouseman and truck driver between 1969 and 1979.  As part of his job, he regularly handled pipe containing crocidolite asbestos, the most harmful form of the cancer-causing substance.  Special Electric Company, Inc. (“Special Electric”) brokered the sale of the crocidolite asbestos to Johns-Manville, which was at the time the oldest and largest manufacturer of asbestos-containing products in the United States.  Johns-Manville, in turn, sold the pipe to Familian Pipe & Supply, who sold the product to Mr. Webb’s employer, Pyramid.Over thirty years later, Mr. Webb was diagnosed with mesothelioma, a fatal disease known to be caused by asbestos.  He and his wife sued multiple defendants related to his asbestos exposure and ultimately went to trial against Special Electric and two other defendants.  At trial, Special Electric argued that it had no duty to warn a sophisticated purchaser like Johns-Manville about the health risks posed by asbestos.  This argument did not persuade the jury, which returned a verdict in favor of the Plaintiffs, apportioning 49% fault to Johns-Manville, 18% to Special Electric, and 33% to other entities.  The Court, however, granted Special Electric’s motions for a directed verdict and nonsuit, finding that Special Electric was not liable for failure to warn; the Court also entered a judgment notwithstanding the verdict (“JNOV”).The California Court of Appeal held not only that the JNOV ruling was premature and lacked written notice, but also that the ruling was improper because substantial evidence supported the Plaintiff’s claims—specifically, that Special Electric breached a duty to warn Johns-Manville and other foreseeable downstream users about the risks of asbestos exposure.The New RuleIt is well established that manufacturers have a duty to warn not only their consumers, inherent in their products, but also all entities in their product’s chain of distribution about hazards in their products.  See Taylor v. Elliott Turbomachinery Co., 171 Cal. App. 4th 564, 575 (2009).  Several defenses have emerged in response to this sweeping requirement, including the obvious danger rule, the sophisticated user defense, the component parts doctrine, and the bulk supplier doctrine.  With its decision in Webb, the California Supreme Court adds the Sophisticated Intermediary Doctrine to their company and overturns the California Court of Appeal decision in Stewart v. Union Carbide Corp., 190 Cal. App. 4th  23 (2010).In Webb, the Court formally adopts the Sophisticated Intermediary Doctrine in accordance with the Third Restatement of Torts, holding that a supplier may discharge its duty to warn end users about known or knowable risks in the use of its product if it:  (1) provides adequate warnings to the products’ immediate purchaser, or sells to a sophisticated purchaser that it knows is aware or should be aware of the specific danger; and (2) reasonably relies on the purchaser to convey appropriate warnings to downstream users who will encounter the product.Reasonable reliance depends on a totality of the circumstances, including:  (1) the degree of risk posed by the material, (2) the likelihood the purchaser will convey warnings, and (3) the feasibility of directly warning end users.  Thus, the test requires the supplier to show that it actually relied on the intermediary to convey warnings, as well as the reasonableness of doing so.  The latter category is established by examining (1) the gravity of the risks posed by the product, (2) the likelihood the intermediary will convey the information, and (3) the feasibility and effectiveness of giving a warning directly to the user.The supplier bears the burden of proving both prongs of the Sophisticated Intermediary test, which applies to claims sounding in both strict liability and negligence.HoldingThe Supreme Court affirmed the decision of the Court of Appeal, holding that the record did not establish as a matter of law that Special Electric discharged its duty to warn by relying on a sophisticated intermediary.  The trial record did not establish consistent warnings to Johns-Manville, and there was no evidence that Johns-Manville was aware of the particularly acute risks of crocidolite asbestos.  To the contrary, evidence showed that at least one Special Electric salesperson told customers that crocidolite asbestos was safer than other forms of asbestos fiber.  More importantly, the record did not establish that Special Electric actually and reasonably relied on Johns-Manville to warn end users like Mr. Webb about the dangers of asbestos.  Because substantial evidence supported the jury’s verdict against Special Electric, the trial court erred in granting JNOV and the lower court’s decision was affirmed.ImplicationsThe Webb decision is a landmark product liability case in California because it provides a path, albeit one with specific requirements, for suppliers of raw materials to discharge their duty to warn downstream intermediaries and consumers.  To take advantage of the new rule, however, it is imperative that suppliers comply with the specific requirements outlined in Webb.Any supplier hoping to take advantage of the Webb decision must be sure to comply with the discrete requirements of the new rule.  We will continue to monitor these developments and to provide further updates on the legal landscape for product and component manufacturers.

Fertility Center Litigation

Fitbit

MicroPort

Leading Healthcare, Pharmaceutical, and Medical Device Company

Lethal Injection Matters – Major Pharmaceutical Company

Pain Pump Matters – Large Pharmaceutical Company

Major Technology Company

Leading Chemical Company

Security Device Company

In re Air Crash Near Peixoto de Azevedo, Brazil

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Erin Bosman is chair of MoFo’s Class Actions and Mass Torts Practice Group and is a founder and co-head of the Artificial Intelligence Group. Clients value her business strategy, seeking her comprehensive counsel throughout the product life cycle, especially in high-stakes litigation and product recalls.

Erin M. Bosman

Erin Bosman is chair of MoFo’s Class Actions and Mass Torts Practice Group and is a founder and co-head of the Artificial Intelligence Group. Clients value her business strategy, seeking her comprehensive counsel throughout the product life cycle, especially in high-stakes litigation and product recalls.

Erin Bosman

An orthopedic implant company

A children&rsquo;s monthly subscription service product

A fertility company

A major technology company

A smart fitness equipment company

Julie Park provides analytic and strategic counsel for issues in product life cycle, product liability and defective products, consumer class actions, and more.

Julie Park

Julie Park | Product Liability Lawyer

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California Adopts the Sophisticated Intermediary Doctrine

California Adopts the Sophisticated Intermediary Doctrine

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In a recent opinion, the Supreme Court of California formally adopted the Sophisticated Intermediary Doctrine, clarifying what circumstances may permit a raw ma

The U.S. Food and Drug Administration (FDA) recently released a draft guidance document with the goal of facilitating certain updates to abbreviated new drug application (ANDA) labels. In particular, the draft guidance addresses updates to ANDA labels where the product’s reference listed drug (RLD) was withdrawn for reasons other than safety or effectiveness, providing insight on the responsibilities of ANDA holders to update their drug labels and the processes for doing so.

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Associate

Brittany Scheinok is an associate in the Litigation Department of the firm’s San Diego office.

Brittany Scheinok

FDA Releases Draft Guidance For Updating Generic Drug Labels

The U.S. Food and Drug Administration (FDA) recently released a draft guidance document with the goal of facilitating certain updates to abbreviated new drug ap

FDA Releases Draft Guidance For Updating Generic Drug Labels