Broadcast Date: Monday, November 23, 2020
from 12:00 pm to 1:00 pm (ET)


In recent years, the food and beverage industry has been the focus of food-related disputes and class action lawsuits brought by various claims including product labeling, price gouging, foodborne illnesses, and other deceptive acts allegations. As a result, the Federal Trade Commission (FTC) prescribed guidance on unfair or deceptive practices involving material representation, omission, and practice that can be misleading to consumers.

With these prevailing risks and challenges, food companies, manufacturers, and their counsel must be abreast of emerging regulatory developments and court rulings to keep them guided, ensure effective and efficient litigation strategies, and successfully win in this type of lawsuit.

Join litigation attorneys David M. Horniak (Williams & Connolly LLP) and Daniel J. Gerber (RumbergerKirk) as they provide an in-depth discussion of the notable trends and updates in food and beverage litigation. Speakers, among other things, will discuss critical issues and challenges and offer the best litigations strategies in this unprecedented time.

This LIVE Webcast will discuss the following:

  • Food and Beverage Litigation: Trends and Statistics
  • Notable Cases and Court Rulings
  • The FTC’s Guidance on Consumer Protection
  • Mitigating Red Flags
  • Best Litigation Practices
  • 2021 Outlook


Course Level:



Advance Preparation:

Print and review course materials


Method of Presentation:

On-demand Webcast (CLE)



General knowledge of food and beverage litigation


Course Code:



NY Category of CLE Credit:

Areas of Professional Practice


Total Credit:

1.0 CLE

Speaker Panel:

David M. Horniak, Counsel
Williams & Connolly LLP

David Horniak litigates complex, high-stakes civil and criminal cases around the country at both the trial and appellate levels. Among other things, he regularly represents food and beverage clients in litigation involving state consumer protection law claims, and frequently advises them on litigation-related matters.


David received his J.D. from the University of Michigan Law School, where he graduated magna cum laude, was a member of the Order of the Coif, and served as an editor of the Michigan Law Review.  Following law school, David clerked in Seattle for Judge Ronald M. Gould of the U.S. Court of Appeals for the Ninth Circuit before joining Williams & Connolly in 2010.  He lives in the District of Columbia with his wife and three sons.

Daniel J. Gerber, Partner

Dan Gerber, a partner at RumbergerKirk, represents clients in the areas of toxic tort, class actions, commercial litigation, product liability and governmental affairs. He handles complex cases in state and federal courts throughout the United States, having brought cases to successful resolution by trial or settlement in the federal and state courts of more than fifteen states.


He has decades of experience representing clients in the food and beverage industry in class actions, consumer fraud, and mass tort claims.  Dan has represented clients from coast-to-coast in matters involving food, dietary supplement, alcoholic beverage, pharmaceutical, and cosmetic products.



David M. HorniakCounsel

Williams & Connolly LLP

  • Allegations premised on deceptive omissions present unique challenges for food and beverage litigation.
  • Food and beverage companies need to think hard about what they don’t say on their labels, particularly with regard to negative information they disclose elsewhere (e.g., on websites).
  • The FTC has prescribed a framework for omissions that can be helpful when defending cases brought under many states’ consumer protection laws.


Daniel J. GerberPartner


  • The Unluckiest Buyers in the World:  Standing for Illegitimate Consumers.

Date & Time:

Monday, November 23, 2020

12:00 pm to 1:00 pm (ET)

Who Should Attend:

  • Food and Beverage Manufacturers/Retailers/Distributors
  • Food and Beverage Lawyers
  • Food Quality Assurance Managers
  • Food Technologists
  • Litigators
  • In-House Counsel


David M. HorniakCounsel
Williams & Connolly LLP
Daniel J. GerberPartner



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