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Limiting Liability in Product Recalls: Advanced Strategies for Planning and Managing Recalls

Complying With CPSC, FDA, or NHTSA Requirements; Timing Considerations; Proactive Defense Strategies

Recording of a 90-minute CLE webinar with Q&A

This program is included with the Strafford CLE Pass. Click for more information.
This program is included with the Strafford All-Access Pass. Click for more information.

Conducted on Thursday, November 7, 2019

Recorded event now available

or call 1-800-926-7926

This CLE course will provide guidance to counsel representing clients involved in product recalls. The panel will discuss advanced strategies for planning and executing a product recall, managing and mitigating legal risks, and implementing proactive and preventative defense strategies. The panel will also provide the latest guidance on conducting product recalls under the jurisdiction of the Consumer Product Safety Commission (CPSC), the Food and Drug Administration (FDA), and the National Highway Traffic Safety Administration (NHTSA).

Description

Unfortunately for manufacturers and others in the supply chain, some products can cause unforeseen dangers. And savvy defense counsel knows that product recall announcements can quickly lead to individual and class action lawsuits. Recalls drive negative publicity, and plaintiffs' lawyers can learn of most recalls almost immediately—even before affected consumers.

How counsel assesses, prepares for, and mitigates risks in a product recall differs depending on the type of consumer product at issue. The failure to conduct a recall reasonably or to issue a recall when appropriate can expose your client to significant liability.

Counsel must also assess which laws apply and the potential liability and damages exposure. A carefully planned and executed recall can moot or provide robust defenses against potential lawsuits.

Listen as our distinguished panel of product liability counsel discusses advanced strategies for planning and executing a product recall, managing and mitigating legal risks, and implementing proactive and preventative defense strategies. The panel will also provide the latest guidance on conducting product recalls under the jurisdiction of the CPSC, the FDA, the NHTSA, as well as provide practical guidance and strategic insights for minimizing client exposure.

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Outline

  1. Overview
  2. Federal agency jurisdiction
    1. CPSC
    2. FDA
    3. NHTSA
  3. Preparing for, managing, and mitigating risks
  4. Strategies to assess issuing a recall
  5. Timing issues
  6. Latest plaintiffs' strategies
  7. Proactive and preventative defense strategies
  8. Case studies and best practices
  9. Conclusion

Benefits

The panel will review these and other essential questions:

  • How do counsel's approaches differ depending on the type of consumer product at issues?
  • What are the timing issues to be considered in issuing a recall?
  • What are the key defense strategies in a suit resulting from a product recall?
  • What are the latest trends and strategies for conducting successful recalls to minimize client exposure?

Faculty

Harvey, Chris
Chris Harvey

Director- Recall Solutions
Stericycle

Mr. Harvey leads a team of recall strategists and works with clients to ensure flawless implementation and customer...  |  Read More

Hermida, Maile
Maile Hermida

Partner
Hogan Lovells

Ms. Hermida has considerable experience with the FDA Food Safety Modernization Act (FSMA), having worked with numerous...  |  Read More

Ross, Kenneth
Kenneth Ross

Of Counsel
Bowman and Brooke

Mr. Ross practices in the areas of product safety, product liability prevention, and corporate and regulatory...  |  Read More

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Strafford will process CLE credit for one person on each recording. All formats include course handouts.

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