Product Liability Claims Against Overseas Manufacturers and Suppliers Lacking Presence or Assets in the U.S.

A live 90-minute CLE webinar with interactive Q&A


Tuesday, December 15, 2020

1:00pm-2:30pm EST, 10:00am-11:30am PST

(Alert: Event date has changed from 11/4/2020!)

or call 1-800-926-7926

This CLE webinar will discuss product liability issues arising from today's global economy where finished products used in the United States--or their components--have often been manufactured overseas. Injured plaintiffs, whether individuals or businesses, should not abandon the hope of compensation, and overseas firms should not be held hostage to antiquated notions of universal jurisdiction.

Description

Individuals and businesses injured by defective products want compensation. Domestic companies, increasingly through in-house counsel initiatives, aggressively seek to recover losses caused by an overseas-made product or part.

When a foreign producer has operations and assets in the United States, domestic litigation is routine. But in an increasing number of incidents, the foreign manufacturer has no, or intentionally superficial, presence within the United States. Some foreign entities are only nominally private companies. The foreign state itself is a large and controlling shareholder.

Being made whole in the United States by overseas or non-U.S. entities poses unfamiliar--but not insurmountable--challenges. These include identifying the proper party to sue, finding jurisdiction, obtaining proper service on the correct parties in the appropriate country, and then ultimately collecting any U.S. judgment either from assets in the U.S. or the foreign state.

Listen as the panel discusses not only principles arising when injured parties seek redress for defective products, but also when manufacturers of products sold in the United States seek indemnity or recoupment from non-U.S. suppliers and producers.

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Outline

  1. Identifying defendants
  2. Jurisdiction
    1. Specific
    2. General
  3. Service of process issues
    1. Authority to accept service in the United States
    2. Bureau of International Judicial Assistance
    3. Hague Convention on Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters
  4. Indemnity issues/tender
  5. Role of the FDA in permitting products in
  6. Sovereign immunity claims for state-owned businesses
  7. Specific counties
    1. China
    2. Mexico
    3. Southeast Asia

Benefits

The panel will review these and other relevant matters:

  • How to assess viability and collectability of a claim against an overseas company
  • Jurisdictional issues
  • Contractual indemnity remedies
  • Ford Motor Co. v. Bandemer and Oberdorf v. Amazon.com Inc.
  • When to consider international law issues from the country of manufacturer
  • Key jurisdictions such as Mexico and China

Faculty

Harris, Dan
Dan Harris

Founder
Harris Bricken

Mr. Harris is internationally regarded as a leading authority on legal matters related to doing business in China and...  |  Read More

Additional faculty
to be announced.

Live Webinar

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Other Formats
— Anytime, Anywhere

Strafford will process CLE credit for one person on each recording. All formats include program handouts. To find out which recorded format will provide the best CLE option, select your state:

CLE On-Demand Video

48 hours after event

$297

Download

48 hours after event

$297

DVD

10 business days after event

$297 + $24.45 S&H