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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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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Republican Ann Marie Buerkle was named Acting Chairman of the Consumer Product Safety Commission (CPSC) on February 9, 2017, replacing former Chairman and Democ

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A Changing of the Guard: Same Enforcement Trend under New CPSC Leadership?

A Changing of the Guard: Same Enforcement Trend under New CPSC Leadership? | Class Dismissed

Erin M. Bosman

Republican Ann Marie Buerkle was named Acting Chairman of the Consumer Product Safety Commission (CPSC) on February 9, 2017, replacing former Chairman and Democrat Elliott Kaye. This transition has many wondering whether the trend of increased CPSC enforcement, and its pledge to issue increased civil penalties, will continue under Buerkle’s leadership.CPSC Enforcement Under Former Chairman KayeAs we have <a href="https://media2.mofo.com/v3/assets/blt5775cc69c999c255/bltba3468f449d4f4e8/62731590a1a1dd2aa9f6c986/150303cpscpenaltiestoincrease.pdf" target="_blank">previously reported</a>, over the last few years CPSC has stepped up its enforcement actions against retailers, distributors, and manufacturers for unsafe products and associated reporting violations. Under former Chairman Kaye’s leadership, the agency also pledged to, and did, increase the monetary amount of civil penalties issued against companies for failure to report potentially hazardous products.CPSC’s increased focus on fines is backstopped by the Consumer Product Safety Improvement Act of 2008, which increased the maximum penalties from $8,000 to $100,000 per occurrence for failure to report a product safety hazard, and increased the maximum penalty amounts for a related series of violations from $1.8 million to $15 million. Recently, CPSC has used its authority to impose higher penalties on manufacturers, distributors, and retailers to reach settlements with significant price tags for settling companies.<a href="#_ftn1" name="_ftnref1">[1]</a> In 2016, the average reported CPSC penalty was over $6 million, more than double the average in 2015.<a href="#_ftn2" name="_ftnref2">[2]</a> Under Kaye, CPSC escalated its enforcement efforts by filing litigation against companies for failing to report product safety hazards.<a href="#_ftn3" name="_ftnref3">[3]</a> Former Chairman Kaye spoke out often about using increased civil penalties and frequently released press statements to highlight fines, enforcement actions, and recalls. Kaye viewed higher civil penalties as a “real deterrent” aimed at forcing manufacturers, retailers and distributors into reporting potential product safety issues early.<a href="#_ftn4" name="_ftnref4">[4]</a>Outlook: Will The Trend Of Increased Enforcement Continue?Acting Chairman Buerkle is a former New York Congresswoman who was nominated to serve as a CPSC commissioner by President Barack Obama in 2013. Buerkle’s ascension to acting chairman has many wondering whether the trend of increased enforcement will continue, particularly in light of the fact that Buerkle has been a vocal critic of the trend of seeking increased penalties. Under Kaye’s leadership, Buerkle was “deeply troubled by recent pronouncements that the Commission will seek higher civil penalties.”<a href="#_ftn5" name="_ftnref5">[5]</a>As acting chairman, Buerkle has instead emphasized a collaborative approach that brings all stakeholders together to forge new solutions that work for all. Buerkle has <a href="https://www.cpsc.gov/Newsroom/News-Releases/2017/Ann-Marie-Buerkle-Elevated-To-Serve-As-Acting-Chairman%20of-US-Consumer-Product-Safety-Commission" target="_blank">stated</a> that she is committed to working “to enhance relationships so that CPSC can leverage the knowledge, insight, and expertise of the entire consumer product safety community.” At the same time, she has <a href="https://www.cpsc.gov/Newsroom/News-Releases/2017/Ann-Marie-Buerkle-Elevated-To-Serve-As-Acting-Chairman of-US-Consumer-Product-Safety-Commission" target="_blank">emphasized</a> that “[w]hile we are experiencing a change in leadership, CPSC’s mission remains the same and I look forward to continuing to work closely with all stakeholders in my new position.” Although Buerkle’s position as acting chairman may not be set in stone, the partisan balance of CPSC will very likely shift towards Republicans this year. Three Democrat and two Republican commissioners currently head CPSC.<a href="#_ftn6" name="_ftnref6">[6]</a>  Democrat commissioners Kaye, Robert Adler,<a href="#_ftn7" name="_ftnref7">[7]</a> and Marietta Robinson<a href="#_ftn8" name="_ftnref8">[8]</a> have all been outspoken in their support of the trend of increased penalties. The term of Democrat Commissioner <a href="https://cpsc.gov/About-CPSC/Commissioners/Marietta-Robinson" target="_blank">Marietta Robinson</a>, however, expires in October 2017. At that time, President Trump will have the opportunity to appoint a new commissioner that aligns with his vision of the agency. Given this shift under the new administration, CPSC will almost certainly back away from the rhetoric of severe penalties and enforcement that prevailed under Chairman Kaye’s leadership. We will continue to monitor CPSC’s enforcement approach as it unfolds in the coming months.<a href="#_ftnref1" name="_ftn1">[1]</a>“CPSC Penalties to Increase Beyond ‘Cost of Doing Business,’” Morrison & Foerster LLP Client Alert, Mar. 3, 2015, available at <a href="https://media2.mofo.com/v3/assets/blt5775cc69c999c255/bltba3468f449d4f4e8/62731590a1a1dd2aa9f6c986/150303cpscpenaltiestoincrease.pdf" target="_blank">https://media2.mofo.com/v3/assets/blt5775cc69c999c255/bltba3468f449d4f4e8/62731590a1a1dd2aa9f6c986/150303cpscpenaltiestoincrease.pdf</a>.<a href="#_ftnref2" name="_ftn2">[2]</a> See Civil and Criminal Penalties Database, Consumer Product Safety Commission, available at <a href="https://www.cpsc.gov/Business--Manufacturing/Civil-and-Criminal-Penalties" target="_blank">https://www.cpsc.gov/Business–Manufacturing/Civil-and-Criminal-Penalties</a>.<a href="#_ftnref3" name="_ftn3">[3]</a> “Recall, Enforce, Repeat! CPSCP and DOJ Team Up for Another Enforcement Action,” Morrison & Foerster LLP Class Dismissed Blog, June 22, 2015, available at <a href="http://classdismissed.mofo.com/consumer-products/recall-enforce-repeat-cpsc-and-doj-team-up-for-another-enforcement-action/">http://classdismissed.mofo.com/consumer-products/recall-enforce-repeat-cpsc-and-doj-team-up-for-another-enforcement-action/</a>.<a href="#_ftnref4" name="_ftn4">[4]</a> See, e.g., “Joint Statement of Chairman Elliot F. Kaye and Commissioner Robert S. Adler on Civil Penalties,” Consumer Product Safety Commission Statements, July 20, 2016, available at <a href="https://www.cpsc.gov/about-cpsc/chairman/elliot-f-kaye/statements/joint-statement-of-chairman-elliot-f-kaye-and" target="_blank">https://www.cpsc.gov/about-cpsc/chairman/elliot-f-kaye/statements/joint-statement-of-chairman-elliot-f-kaye-and</a>.<a href="#_ftnref5" name="_ftn5">[5]</a> “Overseeing the Consumer Product Safety Commission”: Testimony Before the S. Comm. on Commerce, Science, and Transportation and Subcomm. on Consumer Protection, Product Safety, Insurance, and Data Security, (June 17, 2015) (testimony of Ann Marie Beurkle, Consumer Product Safety Commission), available at <a href="https://www.cpsc.gov/s3fs-public/Buerkle-Senate-Testimony.pdf" target="_blank">https://www.cpsc.gov/s3fs-public/Buerkle-Senate-Testimony.pdf</a>.<a href="#_ftnref6" name="_ftn6">[6]</a> See “Commissioner Biographies,” Consumer Product Safety Commission, available at <a href="https://cpsc.gov/About-CPSC/Commissioners" target="_blank">https://cpsc.gov/About-CPSC/Commissioners</a>.<a href="#_ftnref7" name="_ftn7">[7]</a> See, e.g., “Joint Statement of Chairman Elliot F. Kaye and Commissioner Robert S. Adler on Civil Penalties,” Consumer Product Safety Commission Statements, July 20, 2016, available at <a href="https://www.cpsc.gov/about-cpsc/chairman/elliot-f-kaye/statements/joint-statement-of-chairman-elliot-f-kaye-and" target="_blank">https://www.cpsc.gov/about-cpsc/chairman/elliot-f-kaye/statements/joint-statement-of-chairman-elliot-f-kaye-and</a>.<a href="#_ftnref8" name="_ftn8">[8]</a> See, e.g., “Statement of Commissioner Marietta S. Robinson on the Appropriateness of Civil Monetary Penalties Generally and The Recent Settlements with Teavana Corporation and Jarden Consumer Solutions,” Consumer Product Safety Commission Statements, June 10, 2016, available at <a href="https://www.cpsc.gov/about-cpsc/commissioner/marietta-s-robinson/statements/statement-of-commissioner-marietta-s-robinson" target="_blank">https://www.cpsc.gov/about-cpsc/commissioner/marietta-s-robinson/statements/statement-of-commissioner-marietta-s-robinson</a>.