Post-sale Duties: How to Comply and How to Defend Product Liability Litigation after Recalls

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

Conducted on Tuesday, April 4, 2017
Recorded event now available

This CLE webinar will provide in house and outside products liability counsel with a review of current and evolving legal trends in defending the adequacy of recalls and other post-sale activities. The panel will discuss best practices for managing and defending recalls, typical case theories in lawsuits alleging inadequate recalls, and strategies to defend the product after a recall has occurred. The program will also discuss key insurance coverage issues for product recall claims under CGL, property and recall policies.


The post-sale duties of manufacturers and other entities in the chain of production and distribution have significantly expanded in scope and complexity over the past several years. Manufacturers must be prepared to analyze post-sale responsibilities, to report to any applicable government agency, and to recall or retrofit their products if appropriate.

In addition, counsel to manufacturers and product sellers must develop a strategy for defending the adequacy of the recall or other post-sale action. Swift and affirmative action in instituting a recall, drafting a carefully worded recall message, and promptly evaluating claims are keys to mitigating liability.

Listen as our authoritative panel reviews the latest legal and practical developments related to how to do a recall and then discusses how to defend the adequacy of recall remediation efforts in product liability litigation. The panel will also discuss key insurance coverage issues for product recall claims under CGL, property and recall policies.


  1. Current legal trends regarding the duty to recall and adequacy of recalls
  2. Requirements imposed by various governments
  3. Typical product liability case theories
  4. Defense strategies to defend recall process
  5. Product liability defense after a recall
  6. Insurance coverage for product recalls


The panel will review these and other key issues:

  • What are the latest legal trends impacting the defense of the adequacy of product recalls?
  • What are plaintiffs’ typical case theories in these cases?
  • What are the best practices for meeting the post-sale duty to warn, including recall the product?
  • What are the best ways to defend lawsuits alleging recall inadequacies?
  • What are the key insurance coverage issues and challenges for product recalls?


Kenneth Ross, Of Counsel
Bowman and Brooke, Midway, Utah

Mr. Ross practices in the areas of product safety, product liability prevention, and regulatory compliance. He advises U.S. and foreign manufacturers, product sellers and the insurance industry on ways to identify, evaluate, minimize and avoid the risk of liability, especially product liability, contractual liability and regulatory liability. This advice is provided during product development as well as after sale.

George W. Soule, Partner
Soule & Stull, Minneapolis

Mr. Soule has tried over sixty cases to verdict involving product liability, commercial and negligence claims. He has coordinated product liability litigation nationwide, defended mass torts and class actions, and counseled manufacturers on product safety issues. Mr. Soule’s clients have included manufacturers of farm and industrial equipment, medical devices, vehicles, and consumer products.


CLE On-Demand - Streaming Video

Includes recorded streaming video of full program plus PDF handouts.

On-demand is the only recorded format recognized for CLE credits in DE, IN, KS, LA, MS, NC, OH, OK, SC, TN, VA, WI.

AK, AZ, CA, CO, CT, DE, FL, GA, HI, IA, ID, IL, IN*, KS, KY, LA, ME, MN, MO, MT, NC, ND, NH**, NJ, NM, NV, NY, OH*, OK, OR, PA, SC, TN, TX, UT, VA, VT, WA, WI, WV, WY (Note: Some states restrict CLE eligibility based on the age of a program. Refer to our state CLE Map for additional information.)

*Only available for attorneys admitted for more than two years. For OH CLE credits, only programs recorded within the current calendar year are eligible - contact the CLE department for verification.

**NH attendees must self-determine if a program is eligible for credit and self-report their attendance.

CLE On-Demand Video $297.00

How does this work?

Recorded Event

Includes full event recording plus handouts.

Strafford is an approved provider and self-study CLE credit is available in most states.

AK, AZ, CA, CO, CT, FL, GA, HI, IA, ID, IL, KY, ME, MN, MO, MT, ND, NJ, NM, NY, OR, PA, TN, TX, UT, VT, WA, WV, WY (Note: Some states restrict CLE eligibility based on the age of a program. Refer to our state CLE Map for additional information.)

Strafford will process CLE credit for one person on each recording.

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Recorded Webinar Download $297.00

How does this work?

Recorded Audio Download (MP3) $297.00

How does this work?


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Program Materials

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Program Materials

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CLE Credits

Many states grant CLE credits for on-demand streaming audio programs and recorded events. Our programs are pre-approved in many states. Refer to our state CLE map for state-specific information.

or call 1-800-926-7926

Customer Reviews

Very good breadth and depth of the subject matter - the speakers had a lot of experience and insight.

Ken J. Pedersen

Pedersen & Company

I appreciated the practical strategy issues raised by the speakers. The detailed information about specific techniques was especially helpful.

Jennifer Harrison

Faegre & Benson

Strafford provided an excellent seminar on an interesting and important subject.

Joseph T. Mancuso

Hancock Estabrook

The speakers were very knowledgeable about the area and you could tell they cared. It was nice to call in and be able to speak to them live.

Shari J. Reich

Kenney Shelton Liptak Nowak

The subject matter was timely and important, and the webinar format is well suited for this topic.

Dennis Brennan

Saul Ewing

or call 1-800-926-7926

Product Liability Advisory Board

Larry D. Grayson


Hartline Dacus Barger Dreyer

Michael Hoenig


Herzfeld & Rubin

Melissa A. Murphy-Petros

Of Counsel

Wilson Elser Moskowitz Edelman & Dicker

Cary Stewart Sklaren


Herzfeld & Rubin

or call 1-800-926-7926

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Strafford webinars are backed by our 100% Unconditional Money-Back Guarantee: if you are not satisfied with any of our products, simply let us know and get a full refund. For more information regarding complaints and refunds, please contact us at 1-800-926-7926 ext 10. Complaints regarding this program can be submitted via the course evaluation found in the “Thank you” e-mail at the end of the course.