Consumer Product Safety Enforcement To Heat Up Under Biden Administration

More aggressive enforcement actions and increased regulatory activities under the Biden Administration are here. In President Biden’s first weeks, he is making good on his promise to reverse course from the previous administration’s product safety agenda. So far, we witnessed rare civil penalties against product …›

Ex-Tyson Employees’ COVID-19 Suit to Be Litigated in Federal Court

Court Rules the Federal Officer Removal Statute May Provide “Critical Infrastructure” Companies Additional Pathway to Litigate COVID-19 Claims in Federal Court The Eastern District of Texas ruled last week that Tyson, a “critical infrastructure” company, properly removed a COVID-19-related case to federal court under the …›

February 10, 2021 - Privacy, Product Liability

Deepfake Litigation Risks: The Collision of AI’s Machine Learning and Manipulation

AI and machine-learning advances have made it possible to produce fake videos and photos that seem real, commonly known as “deepfakes.” Deepfake content is exploding in popularity. In this article, we explore deepfake technology and the legal risks it presents to companies while providing …›

How 2020 Changed Product Liability — And What's Next

Erin Bosman, Julie Park, and Alexandra Preece authored an article for Law360 discussing how product liability regulation and litigation changed in 2020 due to the impact of the COVID-19 pandemic, as well as upcoming trends. “In a year dominated by the pandemic and political gridlock …›

FDA’s COVID-19 Product Regulation Enforcement Roadmap

Navigating FDA’s regulatory enforcement strategies is paramount to successfully marketing health and medical products for COVID‑19—especially since the pandemic has dominated FDA’s enforcement activity this year. Understanding the patterns and principles behind FDA’s efforts can provide the insight product manufacturers need to avoid FDA …›

Join Us: Drug & Medical Device Litigation Conference

MoFo is a proud sponsor of the American Conference Institute’s Drug & Medical Device Litigation Conference, the premier products liability litigation event for the pharmaceutical and medical device industries for the past 24 years, to be held virtually on December 8 – 9, 2020. Erin …›

Court Finds No Private Right of Action Under Consumer Product Safety Act for Alleged Violation of Voluntary Standard

The Eastern District of Tennessee recently ruled that there is no private right of action under the Consumer Product Safety Act (CPSA) for an alleged violation of a voluntary product safety standard.[1] The ruling narrows the claims in a pending lawsuit about hoverboards and …›