The attorneys in Epstein Becker Green's Litigation practice have extensive experience with products liability litigation across the United States in a wide range of complex products liability cases, including multi-party and multi-district lawsuits and "mass tort" class actions.

An Industry-Specific Strategy

Your industry. Your company. Your goals. Each company affected by products liability issues faces unique challenges based on its business and its place within its industry. Every products liability matter presents its own challenges. How a company responds to these challenges is a function of its business model and the nature of its industry.

The members of Epstein Becker Green's products liability practice are keenly aware of your company's specific goals, business needs, economics, and the impact of potential liability as well as managing risk. The depth of our attorneys' experience and resourcefulness is reflected by the diversity of their respective backgrounds.

EBG has a dynamic products liability practice. We believe that EBG stands apart from other law firms in several important ways.

Litigation Avoidance: EBG does not accept the premise that the role of the lawyer is simply to react to bad events, such as the filing of a lawsuit against one of its clients. Rather, an integral aspect of the firm's products liability practice is to take ongoing proactive measures through direct interface with our clients to avoid lawsuits before they are ever filed. In this respect, we have set up global monitoring systems in order to become aware of design issues and other product issues and to quickly rectify potential safety issues before someone is injured or killed or property is destroyed. EBG assists in the design and review of risk management protocols specific to each of its clients while concomitantly facilitating compliance with the plethora of industry standards and practices and governmental regulations. For example, few companies realize the litigation exposure that may arise from even unintentional errors and omissions set forth in their marketing, sales, and warranty materials.

Pre-Litigation Planning: Many of the most important decisions to minimize risk and exposure may often be made before the company is a target of litigation or regulatory action. EBG partners with the company to (i) harvest institutional knowledge, (ii) validate the company's data retention and preservation procedures, (iii) track related developments and trends, (iv) develop the company's defense, and (v) tailor the company's ultimate approach to the litigation or regulatory action.

The Science: EBG's lawyers have extensive experience litigating cases that require a thorough knowledge of the product at issue and the industries where those products are used. EBG's lawyers have extensive experience litigating cases that require a thorough knowledge of epidemiology, toxicology, hydrogeology, and other scientific disciplines. In deposition and at trial, our products liability lawyers demonstrate a firm grasp of the chemical, engineering, scientific, and medical issues critical to the defense of the case. We use Daubert and Frye hearings to attack adversary experts' credibility and limit their effectiveness in court.

The Regulatory Framework: products liability litigation can be like a three-dimensional chess game—the battle fought, not only in the courtroom but in regulatory and public relations arenas as well. Because products liability claims often arise in the context of an existing federal or state regulatory scheme, EBG's products liability litigators are well grounded in federal and state regulatory schemes that may provide a backdrop to the underlying litigation. Whether the client's needs require negotiating with state and federal regulatory agencies or litigious private actors, EBG can take charge of all aspects to avoid a potential crisis.

Early Case Evaluation: In every matter we are assigned, EBG will provide you with an assessment of the company's potential liability exposure as early in the process as practicable, typically within 60 days. The early case evaluation process—whether pre-litigation or after commencement—provides the company with the critical information concerning the strengths and potential weaknesses of its position. This then allows the company to make an informed decision as to its strategic direction in litigation or resolution. Where appropriate, the early case evaluation also facilitates an early mediation or alternate dispute resolution process.

The Courtroom: EBG aggressively defends its clients in products liability litigation in state and federal courts throughout the United States. Our products liability lawyers are seasoned trial lawyers who bring a combination of extensive preparation and creativity to the courtroom. We strive to prevail by summary judgment where possible; but, our attorneys are experienced trial attorneys who have no qualms about trying cases to verdict.

Complex Class Actions and Multi-District Litigation: EBG attorneys have extensive experience representing companies in a wide range of industries in both federal and state class actions, multi-district litigation, and mass actions. Our clients' first and often best opportunity to successfully defend a class action is to defeat certification of the putative class or prevent the amassing of dissimilar claims. Through thoughtful and comprehensive pre-certification discovery and investigation coupled with the development of creative, case-specific strategies, we have successfully opposed class certification and claims aggregation for many clients across many industries.

Crisis Management: Because of the potentially significant impact of products liability claims on a company's reputation, we also assist our clients with developing legally and operationally sound internal and public communications throughout the discovery, management, and resolution of the adverse events.

Anticipating and planning for future litigation challenges is critical to ensure the continued profitable operation of our client's business. Our attorneys stay abreast of developing initiatives and new areas of liability and regularly counsel clients to help plan for future litigation and regulatory action.

The Industries We Serve

Our understanding of the business environment of the industries where EBG has practiced drives a streamlined and more effective litigation strategy. These industries include those that design the products, manufacture the product, distribute the product, and apply/install the product.

Our clients represent a variety of industries and manufacturing sectors, including:

  • Agriculture
  • Chemicals
  • Consumer and recreational products
  • Construction
  • Energy
  • Equipment
  • Food, food products, and additives
  • Hazardous waste management
  • Machinery
  • Medical devices and combination products
  • Oil and gas
  • Ore and mineral mining
  • Pesticides
  • Pharmaceuticals, biologics, and dietary supplements
  • Pulp and paper
  • Semiconductors
  • Transportation
  • Utilities

EBG has represented clients in these industry sectors in matters involving government investigations, corporate compliance, regulatory requirements, and multi-party and multi-district litigation, including mass torts and state and federal class actions.