Product Liability

Expert Analysis

• Understanding Product Liability Settlements Down Under

  

  As in the U.S., a product liability lawsuit in Australia can be resolved through an out-of-court settlement agreement. But the mechanisms for settlement in Australian litigation differ from how cases are settled in the U.S. Knowing the settlement landscape and possible costs consequences is important for U.S.-based companies who operate or distribute in Australia, says Bettina Sorbello of DibbsBarker.

• How Science Days Are Changing Talc Litigation

  

  Tutorials in the form of “science days” are an increasingly common way for judges to learn more about the science behind litigation over medical and consumer products and chemical exposures. The science day held recently by a California state court judge overseeing talcum powder litigation provides valuable insights into the process, say David Schwartz of Innovative Science Solutions LLC and attorney Nathan Schachtman.

• Tips For Complying With ABA’s New Encryption Guidance

  

  Last month, the American Bar Association published revised guidance regarding an attorney’s duty to protect sensitive client material in light of recent high-profile hacks. The first step in compliance is understanding how your data is being stored and accessed. There are three key questions you should ask your firm’s information technology staff and/or external solution vendors, says Nick Holda of PreVeil.

• How Driverless Cars Will Impact A Wide Range Of Industries

  

  It is becoming clear that the disruptive nature of the autonomous vehicle will extend far beyond the automotive industry. Conversations with clients from a variety of industries have provided unique insight into what a future might look like without humans behind the wheel, say Mike Nelson and Trevor Satnick of Eversheds Sutherland.

• Calif. Contamination Cases: Response Cost Recovery Guide

  

  A California state appeals court's recent decision in Orange County Water District v. Alcoa Global Fasteners is one of very few opinions in California that applies to water district claims for response costs in groundwater contamination cases. It will be influential in future cases brought by water districts in the state, says Kimberly Bick of Bick Law LLP.

• The Triple Threat Of The Internet Of Things

  

  Recent cyberattacks launched from internet-connected devices illustrate that the growth of such products creates an opportunity for malevolent actors. The internet of things is highly vulnerable to attacks that can cause denials of service, ransomware incidents and even physical damage to property and people, says H. Michael O'Brien of Wilson Elser Moskowitz Edelman & Dicker LLP.

• 5 Key Features Of Impending TSCA Inventory 'Reset' Rule

  

  In short order, the U.S. Environmental Protection Agency will issue its final inventory reset rule under the Toxic Substances Control Act. As we await publication of the final rule, Lawrence Culleen and Eric Rey of Arnold & Porter Kaye Scholer LLP note the important aspects all manufacturers, importers and processors of chemical substances should be aware of, and related practical tips to facilitate and expedite compliance.

• When An Expert Drowns In A Whirlpool Of Inconsistencies

  

  Last month, the Northern District of Illinois denied class certification to consumers who purchased allegedly defective Whirlpool ovens, and excluded the opinions of the plaintiffs’ expert. The ruling in Kljajic v. Whirlpool Corp. demonstrates the importance of having an expert witness who can be sensitive to a case's weaknesses without creating new ones, says Jack Nolan of Weil Gotshal & Manges LLP.

• Weekly Column

  Innovating For Wise Juries: Preliminary Instructions

  

  One of the easiest ways to improve civil jury trials is to give juries substantive instructions on the law at the beginning of the trial rather than at its conclusion. It is also one of the most popular proposals we are recommending, say Stephen Susman, Richard Lorren Jolly and Dr. Roy Futterman of the NYU School of Law Civil Jury Project.

• Due Diligence From The Lateral Partner’s Perspective

  

  Lateral candidates looking to make the last — or perhaps only — move of their career cannot afford to just stand by and let a law firm’s vetting process unfold on its own, says Howard Flack, a partner at Volta Talent Strategies who previously led lateral partner recruiting and integration at Hogan Lovells.