Product Liability Claims Against Overseas Manufacturers and Suppliers Lacking Presence or Assets in the U.S.
How Businesses Outsourcing Production Protect Themselves and What Injured Plaintiffs Can Do To Recover
Recording of a 90-minute CLE webinar with Q&A
This CLE course will discuss what U.S. businesses that manufacture overseas must do from the beginning to ensure that their contracts with overseas manufacturers are enforceable, that the overseas manufacturer complies with negotiated terms, and that U.S. companies are indemnified for injuries incurred by the product’s end users. The program will then discuss how plaintiffs that wish to recover from non-domestic defendants for products liability or other personal injuries can best position themselves for successful recovery when the defendant has no assets or presence in the U.S.
- Protections for business outsourcing production
- Structural protection
- Due diligence
- Identifying and recovering assets in non-U.S. jurisdictions
- Procedural and jurisdictional hurdles
- Importance of local contacts
The panel will review these and other relevant matters:
- How does a business manufacturing overseas protect itself on the front end?
- Can injured plaintiffs leverage the agreements between the U.S. company and its non-U.S. manufacturer to obtain recovery?
- What should be considered before filing suit in the U.S. against a non-U.S. company?
- Will a U.S. judgement be enforceable outside the U.S.?
- What are the key issues with products made key places like Mexico or China?
- Are the issues different with Canadian companies?
Bruce D. Bernstein
DiCello Levitt Gutzler
Mr. Bernstein has successfully handled a wide range of commercial litigation including suits against large banks,... | Read More
Mr. Bernstein has successfully handled a wide range of commercial litigation including suits against large banks, mortgage lenders, automobile manufacturers, pharmaceutical manufacturers, insurers, and healthcare systems. He has successfully litigated these matters at all levels, including before the U.S. Supreme Court.Close
Mr. Harris is internationally regarded as a leading authority on legal matters related to doing business in China and... | Read More
Mr. Harris is internationally regarded as a leading authority on legal matters related to doing business in China and in other emerging economies in Asia. His China law services include company formation, bilingual contracts and intellectual property protection. Mr. Harris writes and speaks extensively on Chinese law with a focus on protecting foreign businesses in their China operations.Close
Kenneth M. Krys
Executive Chairman & Founder
Mr. Krys' diverse experience, including a stint as the head of enforcement for the local financial services... | Read More
Mr. Krys' diverse experience, including a stint as the head of enforcement for the local financial services regulator, gives him a unique perspective in pursuing assets and untangling the web that can arise from complex offshore structures and limited information. His efforts have resulted in many precedents and new case law in the areas of cross-border recognition, asset recovery and international litigation.Close