Product Liability

Expert Analysis

• Costco Settlement Shows CPSC Still Imposing Big Penalties

  

  Earlier this month, Costco agreed to pay a $3.85 million penalty for an alleged failure to timely report defective trash cans to the U.S. Consumer Product Safety Commission. This settlement suggests that large penalty actions are far from moribund even with the CPSC under Republican leadership, say attorneys at Mintz Levin Cohn Ferris Glovsky and Popeo PC.

• Need Litigation Finance? Don't Skip These 5 Steps

  

  The process of applying for litigation financing isn’t difficult, but few do it right the first time. Following five steps in your application process will help make sure litigation funders are convinced of the value of your company's legal claims, says Molly Pease of Curiam Capital LLC.

• Fit For Fido? The Rise Of 'Natural' Pet Food Claims

  

  As sales of “premium” pet food have increased in recent years, so has the number of consumer class actions filed against pet food manufacturers, specifically those involving claims that marketing and labeling pet foods as “natural” is false and misleading, say Steven Hwang and Cassandra Abernathy of Perkins Coie LLP.

• A Closer Look At EPA Inspector General's New Strategic Plan

  

  The U.S. Environmental Protection Agency's Office of Inspector General recently released its strategic plan for 2019 to 2023. Brian Stansbury and Leah Min of King & Spalding LLP provide insights on several noteworthy aspects, such as how the OIG will hold the EPA accountable for meeting 2019 targets and rely on data and business analytics to meet its goals.

• How New Calif. Law Will Impact Device Cybersecurity

  

  A new California law requires specific types of cybersecurity protections for internet-connected devices. But the proliferation of state-based internet of things requirements could hinder efforts to develop and implement uniform national standards, says Laura Stefani of Mintz Levin Cohn Ferris Glovsky and Popeo PC.

• Class Arbitration Goes To The Supreme Court

  

  A U.S. Supreme Court ruling in Varela v. Lamps Plus that the Federal Arbitration Act displaces contractual interpretation rules likely would vacate the Eleventh Circuit's recent JPay decision, says James Bogan of Kilpatrick Townsend & Stockton LLP.

• 6th Circ. Creates Deep Divide Over Reach Of CWA

  

  Despite the Clean Water Act's long history, recent decisions from the federal appellate courts — including two opinions from the Sixth Circuit last month — have raised new questions about several issues that once seemed settled, say Anthony Cavender and Amy Pierce of Pillsbury Winthrop Shaw Pittman LLP.

• A Holistic Approach To Client Retention

  

  In an era when law firms are fighting for business and clients can dictate the terms of the relationship, "value" has become a moving target. Firms that take a proactive approach by using strategies designed to articulate value over time will gain the competitive advantage, says Dan Tacone at Intapp Inc.

• How High Court May Rule On The Bare-Metal Defense

  

  Last week, the U.S. Supreme Court addressed foundational tort principles at oral argument in Air and Liquid Systems Corp. v. Devries, which concerns a defendant's liability under maritime law for products it did not make, sell or distribute. The court’s ruling will doubtless influence lower courts considering other bare-metal challenges, say S. Christopher Collier and Michael Arndt of Hawkins Parnell Thackston & Young LLP. 

• Q&A

  A Chat With Allens Pricing Chief Pier D'Angelo

  

  In this monthly series, Amanda Brady of Major Lindsey & Africa interviews management from top law firms about the increasingly competitive business environment. Here we feature Pier D'Angelo, chief pricing and practice officer at Allens.