Products Liability + Mass Torts

Companies facing products liability and mass tort litigation require experienced counsel with a sophisticated, multi-disciplinary practice. At the same time, the stakes for corporate defendants have grown to “bet the company” magnitude in many instances. Companies in these situations count on Goodwin to ensure their interests are optimally protected.

Our Products Liability lawyers combine extensive medical, scientific and engineering expertise with sophisticated litigation management and trial strategies. For more than 40 years, we have defended makers of pharmaceuticals and medical devices, building materials, food and dietary supplements, recreational equipment, petroleum, industrial machinery and other products, against national mass tort actions. Our lawyers have also litigated a host of other high-profile products, mass tort and class action cases, including those involving manufacturing processes and alleged chemical and environmental exposures.

Our Products Liability lawyers are well-known for successfully litigating and trying high-stakes cases. Our teams serve as national and lead industry counsel, supervise local counsel, coordinate multidistrict litigation and develop nationwide and multinational defense strategies. We are also well-versed in matters relating to manufacturing processes and alleged chemical and environmental exposures.

We pursue novel approaches – in motion practice, in settlement negotiations, and at trial – to achieve outcomes that favor our clients’ immediate as well as long-term interests. While we’ve resolved complex, multibillion-dollar disputes quickly and efficiently, we’re trial lawyers at heart, not afraid to take aggressive positions and win with a jury when we and our clients believe it’s the best approach.

An integral part of our practice is helping clients avoid costly and uncertain litigation. In addition to our courtroom capabilities, we routinely counsel clients on products liability/mass tort exposure and risk management and prevention. We use the full range of alternative dispute resolution techniques including mediation, arbitration and mini-trials. We also advise on warranties, warnings, labeling, product literature, product recalls, M&A due diligence, liability projections and modeling, and CPSC adverse event reporting. Our lawyers review product claims and warranties and counsel clients on how to minimize risks under state consumer protection statutes.

Due diligence presents another opportunity to protect clients by reducing risk. We know what to look for and help determine when an acquisition target might become a liability instead of a sound investment. We do more than identify significant potential exposure. By working closely with colleagues in our Business, Tax and Bankruptcy practices, our products team creates corporate structures to guard against future product liability claims.

Related Practices

Class Actions

Complex litigation increasingly takes the form of a class action or mass litigation. These cases can impose a heavy burden on companies, both in terms of time and exposure. For more than 25 years, Goodwin lawyers have defended our clients against national class and mass tort actions across industries, including financial services, securities, insurance, electronics, medical devices, pharmaceuticals, tobacco, food and supplements, and other consumer goods and services. Goodwin trial lawyers have defended more than 500 nationwide or statewide class actions in the past five years alone, including many with potential exposure of billions of dollars.
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Food + Healthy Living

Businesses focused on food, restaurants, dietary supplements and healthy living come to Goodwin for leading expertise and a holistic suite of services. The Goodwin team assists with product labeling and advertising issues, trademark and patent issues, regulatory matters and agency investigations, and private equity and transactional advice. Our litigation work includes defending Federal Trade Commission (FTC) advertising complaints, enforcement actions and prosecutions, IP matters, consumer class actions and products liability matters, as well as counseling on risk management and litigation avoidance.
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FDA

Companies subject to FDA regulations know how critical compliance can be to the bottom line. Goodwin’s experienced FDA practice provides counsel, representation and strategic advice to companies subject to the Federal Food, Drug, and Cosmetic Act. Our practice covers all aspects of our clients’ interactions with the Food and Drug Administration. We are closely involved in our clients’ pre-market strategies and their implementation, including those involving product development, investigational device submissions, pre-market notification and approval applications, and lifecycle management. On the post-market side, our FDA attorneys have extensive experience advising on agency inspections and answering inspectional findings; counseling on labeling, advertising, good manufacturing practices and product reporting issues; and helping plan and implement remedial actions.
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Life Sciences

Succeeding in the life sciences industry is as much about strategy and execution as it is about research and development. In this highly competitive business, you need more than the best and brightest ideas – you need a legal and strategic partner that understands the challenges of securing funding, safeguarding intellectual property, establishing partnerships, bringing new products to market, opening up new revenue streams, and protecting existing product lines.

Lawyers in our life sciences practice are deeply experienced in corporate governance, financing and M&A transactions, collaborations and licensing, regulatory matters, and intellectual property law. As part of our interdisciplinary approach, we also collaborate with attorneys in our patent litigation, products liability, employment and tax practices to protect client interests and to advocate on their behalf.

With a full service team of highly experienced lawyers resident in key life sciences hubs, our team helps clients find the strategic paths that foster growth and minimize risk across all phases of the corporate life cycle. Motivated by the knowledge that the work that we do with you is improving people’s lives, we serve as an extension of your team so you can focus on your core business.
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Proposition 65 + Food Labeling Litigation

Over the past 25 years, Proposition 65 litigation has become a real threat to businesses providing goods and services in California. The potential costs faced by corporate defendants are high – massive civil penalties, mandatory warnings on their products and damage to a company’s brand. Many law firms can process Proposition 65 cases; very few can try them and win. Goodwin has quickly become preeminent among those few firms.

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Related Practices
Class Actions
Complex litigation increasingly takes the form of a class action or mass litigation. These cases can impose a heavy burden on companies, both in terms of time and exposure. For more than 25 years, Goodwin lawyers have defended our clients against national class and mass tort actions across industries, including financial services, securities, insurance, electronics, medical devices, pharmaceuticals, tobacco, food and supplements, and other consumer goods and services. Goodwin trial lawyers have defended more than 500 nationwide or statewide class actions in the past five years alone, including many with potential exposure of billions of dollars.
Read More
Food + Healthy Living
Businesses focused on food, restaurants, dietary supplements and healthy living come to Goodwin for leading expertise and a holistic suite of services. The Goodwin team assists with product labeling and advertising issues, trademark and patent issues, regulatory matters and agency investigations, and private equity and transactional advice. Our litigation work includes defending Federal Trade Commission (FTC) advertising complaints, enforcement actions and prosecutions, IP matters, consumer class actions and products liability matters, as well as counseling on risk management and litigation avoidance.
Read More
FDA
Companies subject to FDA regulations know how critical compliance can be to the bottom line. Goodwin’s experienced FDA practice provides counsel, representation and strategic advice to companies subject to the Federal Food, Drug, and Cosmetic Act. Our practice covers all aspects of our clients’ interactions with the Food and Drug Administration. We are closely involved in our clients’ pre-market strategies and their implementation, including those involving product development, investigational device submissions, pre-market notification and approval applications, and lifecycle management. On the post-market side, our FDA attorneys have extensive experience advising on agency inspections and answering inspectional findings; counseling on labeling, advertising, good manufacturing practices and product reporting issues; and helping plan and implement remedial actions.
Read More
Life Sciences
Succeeding in the life sciences industry is as much about strategy and execution as it is about research and development. In this highly competitive business, you need more than the best and brightest ideas – you need a legal and strategic partner that understands the challenges of securing funding, safeguarding intellectual property, establishing partnerships, bringing new products to market, opening up new revenue streams, and protecting existing product lines.

Lawyers in our life sciences practice are deeply experienced in corporate governance, financing and M&A transactions, collaborations and licensing, regulatory matters, and intellectual property law. As part of our interdisciplinary approach, we also collaborate with attorneys in our patent litigation, products liability, employment and tax practices to protect client interests and to advocate on their behalf.

With a full service team of highly experienced lawyers resident in key life sciences hubs, our team helps clients find the strategic paths that foster growth and minimize risk across all phases of the corporate life cycle. Motivated by the knowledge that the work that we do with you is improving people’s lives, we serve as an extension of your team so you can focus on your core business.
Read More
Proposition 65 + Food Labeling Litigation

Over the past 25 years, Proposition 65 litigation has become a real threat to businesses providing goods and services in California. The potential costs faced by corporate defendants are high – massive civil penalties, mandatory warnings on their products and damage to a company’s brand. Many law firms can process Proposition 65 cases; very few can try them and win. Goodwin has quickly become preeminent among those few firms.

Read More

Contacts

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Joanne M. Gray

Co-Chair, Food + Healthy Living Practice
Partner
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