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The attorneys in EBG's Litigation practice have extensive experience with toxic tort litigation – including mass tort cases – involving asbestos and silica related claims, benzene exposure cases and other personal injury claims.

An Industry Specific Strategy

Your industry. Your company. Your goals. Each company affected by toxic tort or products liability issues faces unique challenges based on its business and its place within its industry. Every toxic tort and product 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 toxic tort and product 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 one of the most dynamic toxic tort and product liability practices in the United States. We believe that EBG stands apart from other law firms in several important ways.

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: collect institutional knowledge, validate the company's data retention and preservation procedures, track related developments and trends, develop the company's defense, and 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 a great depth of experience litigating cases that require thorough knowledge of epidemiology, toxicology, hydrogeology and other scientific disciplines. In deposition and at trial, our toxic tort and product 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 admissibility of adversary experts' opinions to preclude use or limit their effectiveness in court.

The Regulatory Framework

Toxic tort and product 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 toxic tort and product liability claims often arise in the context of an existing federal or state regulatory scheme, EBG's toxic tort and product 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 of a potential environmental 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 toxic tort and product liability litigation in state and federal courts throughout the United States. Our toxic tort and product 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.

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 product, manufacture the product, distribute the product and apply/install the product.

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

  • Agriculture
  • Chemicals
  • Consumer and recreational products
  • Construction
  • Energy
  • Equipment
  • Food, food products and additives
  • Hazardous waste management
  • Machinery
  • Medical devices and convergence technologies
  • 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, multi-party, multi-district litigation, including mass tort, state and federal class actions.

The attorneys in EBG's Litigation practice have extensive experience with toxic tort litigation – including mass tort cases – involving asbestos and silica related claims, benzene exposure cases and other personal injury claims.

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