Broadcast Date: Tuesday, April 13, 2021
from 12:00 pm to 1:00 pm (ET)

Overview:

The continuous rise of COVID-19 cases has made the product liability landscape trickier now more than ever. Current and emerging risk issues that manufacturers should monitor include novel medical product claims, indemnity disputes, and non-specialist manufacturer liabilities. As COVID-19 product liability claims surge, companies must take proactive steps to understand potential claims, know the latest regulatory developments aimed toward business protection, and mitigate litigation exposure.

In this LIVE Webcast, commercial litigation attorneys  Emily Van Tuyl (Dechert LLP) and Thomas Murphy III (Greenbaum, Rowe, Smith & Davis LLP) will help practitioners and businesses understand how to navigate the critical product liability issues in these abnormal times. Speakers will also discuss effective strategies in mitigating the risks of getting caught up in a litigation and other regulatory actions.

Key topics include:

  • Product Liability and COVID-19: Recent Litigation Trends
  • Critical Liability Issues
  • Latest Regulatory Developments
  • Potential Types of Claims
  • Risk Mitigation Strategies

Credit:

Course Level:

Intermediate

 

Advance Preparation:

Print and review course materials

 

Method of Presentation:

On-Demand (CLE)

 

Prerequisite:

General knowledge of product safety regulations

 

Course Code:

149301

 

NY Category of CLE Credit:

Area of Professional Practice

 

Total Credit:

1.0 CLE

Speaker Panel:

Emily Van Tuyl, Associate
Dechert LLP

Based in Dechert’s New York office, Emily Van Tuyl focuses her practice on complex litigation, particularly product liability, mass torts and life sciences matters. She has represented clients in federal and state courts and in a range of capacities, including taking and defending depositions; managing fact and expert discovery; and briefing jurisdictional, discovery, expert (Daubert/Frye) and dispositive motions. Ms. Van Tuyl represents clients in mediation, at trial and on appeal. Her clients include pharmaceutical, biotechnology, insurance, real estate, private equity and internet companies.

Thomas K. Murphy III, Counsel
Greenbaum, Rowe, Smith & Davis LLP

Thomas K. Murphy III is Counsel in the Litigation Department at Greenbaum, Rowe, Smith & Davis LLP where he is a member of the Product Liability Practice Group. Mr. Murphy’s practice primarily consists of product liability matters and complex commercial litigation, including the defense of class actions. He focuses on defending major corporations, including manufacturers of automobiles, motorcycles, all-terrain vehicles and power equipment against product liability, breach of warranty and other substantial claims. These matters often involve significant technical issues, and Mr. Murphy works closely with accident reconstructionists, biomechanics, mechanical engineers and other technical experts on a regular basis.

Agenda:

SEGMENT 1:

Emily Van TuylAssociate

Dechert LLP

  • COVID-19 Litigation, One Year Later: overview of COVID-19-related products liability litigation, including what types of lawsuits have been filed, the status of those lawsuits now, and which defense strategies have been successful to date.
  • Bayer Roundup Settlement of Future Claims: overview of recent proposed Roundup settlement, with focus on the following components:  science panel, proposed label change, research funding, diagnostic accessibility grant program, and legal services program.

 

SEGMENT 2:

Thomas K. Murphy III, Counsel

Greenbaum, Rowe, Smith & Davis LLP

  • Supply Chain Risk Management – Specification and Quality Assurance Considerations, Importance of Indemnification Provisions and Enforcement of Insurance Requirements - especially important when the supply chain is disrupted;
  • Dealer/Distributor/Seller Liability and the Impact of Amazon – Liability and indemnification issues related to Authorized Dealers and Traditional Stores, as well as Amazon’s impact and related issues; and
  • Advertising and Warning Issues for Safety Features – Dangers of Overstating Product Capabilities, the Importance of Disclaimers and Feature Limitations, Issues related to safety information or instructions provided by Dealers/Sellers, Liability issues created by optional safety features offered in products and how to defend related claims.

Date & Time:

Tuesday, April 13, 2021

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

Who Should Attend:

  • Product Liability Lawyers
  • Product Managers
  • Operations Managers
  • In-house Counsel
  • Manufacturing Companies
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SPEAKERS

Emily Van TuylAssociate
Dechert LLP
Thomas K. Murphy IIICounsel
Greenbaum, Rowe, Smith & Davis LLP

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