The New Frontier: Social Media and Video Game Addiction Class Actions Liability for the marketing of a potentially addictive product is a matter previously litigated in the context of mass torts and class actions against cigarette and opioid manufacturers. However, a new series of mass/torts and class actions in the U.S. and abroad seek to extend this product liability framework to videogame developers and social media companies. This panel will address the novel and complex legal issues raised by these cases.

David Sneed, Covington & Burling LLP, Washington, D.C.
Geoffrey M. Drake, King & Spalding, Atlanta, GA
Myriam Brixi, Lavery, Montreal, Quebec, Canada
Zac Byer, Activision Blizzard, Santa Monica, CA

Beauty Hot Topics (and Headaches): Litigation Considerations for MoCRA and Microplastics The world of cosmetics has received its own makeover with the Modernization of Cosmetics Regulation Act (MoCRA). It is the most significant expansion of the U.S. Food and Drug Administration's authority to regulate cosmetics in nearly 85 years, and grants the FDA the power to require facility registration and reporting of serious adverse events, impose certain record-keeping obligations, recall cosmetic products, and establish good manufacturing practices (GMPs). It can be expected that the plaintiffs’ bar is paying attention, and will leverage the new requirements introduced with the MoCRA when bringing litigation against cosmetic manufacturers. As well, 2024 saw a significant uptick in litigation involving microplastics, which are tiny fragments or fibers of plastic that can be found in tap water, consumer products – including cosmetics, and the air. Like PFAs, microplastics have garnered attention, including the inevitable public concern and regulatory scrutiny—in the wake of recent studies connecting exposure to microplastics with negative health impacts. Early lawsuits have focused primarily on claims of false and deceptive advertising claims. Given the trajectory of litigation involving other chemicals or compounds, it is anticipated that false and deceptive advertising claims may ultimately give way to product liability claims.

Marcha Chaudry, Equity and Wellness Collaborate, Miami, FL
Rachel Raphael, Morgan Lewis, Washington, D.C.

How and When to Effectively Utilize Technology to Your Advantage This session introduces attendees to a comprehensive toolbox of advanced technologies designed to streamline the investigation process. Participants will explore techniques for preserving evidence during the initial stages of a claim and conducting technical analyses. Through engaging case studies, presenters will illustrate how to apply these tools effectively throughout the lifecycle of an investigation while achieving impactful and insightful results. The session will address the critical importance of timely evidence collection to support strategies and avoid common pitfalls. Attendees will gain practical insights into navigating an investigation efficiently, with a focus on ensuring evidence is admissible and credible for court proceedings.

Julius Roberts, ESI, Ann Arbor, MI
Casey Breen, ESi, Fort Meyers, FL

Mask Off: Tips for Handling Products Liability Lawsuits Masquerading as Consumer Class Actions Plaintiffs’ attorneys have been using class action lawsuits to bring product liability claims, curtailing specific causation defenses. This presentation will explore how class actions are an inappropriate tool for handling product liability cases, how plaintiffs are attempting to use class actions, how courts and defendants are responding, and tips for defending such a case.

Vanessa Offutt, DLA Piper, Miami, FL

Latest Trends in Food Labeling Litigation & Counseling This session will provide a case law update discussing some of the latest national trends in false advertising consumer class actions and other cases involving labeling in the food and beverage industry. The presentation will also provide practical tips on how in-house and outside counsel could collaborate with clients to navigate federal and state regulations, as well as state consumer protection statutes, to avoid litigation. The presentation will also offer some discussion of how the regulation of food and beverages may change as a result of President-elect Trump’s new administration, and how this could affect litigation trends going forward.

Abigail Luhn, Faegre Drinker, Florham Park, NJ

Compliance and Legal Challenges Facing the Outdoor Industry Related to PFAS and Greenwashing Claims The recent wave of litigation relating to PFAS (aka “forever chemicals”) has taken aim at common marketing claims—such as labeling products as “sustainable,” “organic,” or “natural”—when trace amounts of PFAS are allegedly found. Federal and state regulations targeting PFAS in both the environment and consumer products have further complicated the legal landscape. Luckily, there are practical steps that companies can take to mitigate these risks while still recognizing the benefits of their environmental advancements.

Catherine Warren, Ballard Spahr, Philadelphia, PA

Market Globalization and Alignment of Product Regulatory and Product Liability Frameworks from Around the World A panel of in-house and expert practitioners with multijurisdictional practices will explore strategies for risk management when dealing with product regulatory and product liability frameworks around the world. Our panel will provide important information regarding proposed and pending product liability regime changes and some real-world implications for company compliance and risk assessment. In particular, we focus on the potential for increasing disparity in respect of product compliance, safety and liability regimes between markets, and practical considerations for managing resulting risk (including creation of the ideal team to work on the matters).

Trey Morrison, Ph.D., P.E., CCPSC, FAIChE, CFEI, Exponent, Warrenville, IL
Will Atfield, Clayton Utz, Melbourne, Australia

False Advertising It has inundated all types of industries. When it comes to consumer health and safety, companies have been hit with massive fines as a result of misrepresent[ing] the nature, characteristics, qualities, or geographic origin” of good or services. 15 U.S.C. § 1125(a). False advertising has been defined as false claims of a product’s benefits or better quality, which are not in fact true. Cases of false advertising include false claims of healthier alternatives, like Juuls (e-cigarettes) being healthier than cigarettes, and products such as Purell claiming they can kill bacteria that leads to certain diseases. Most recently, the “gut healthy” Poppi soda, previously recognized as a healthy alternative to regular soda, has been accused of false adverting due to the minimal benefits that their beverages provide. These fines are by no means a small burden for the companies either. In 2015, Volkswagen agreed to spend $14.7 billion to settle allegations after they promoted a “clean diesel” vehicle that, in reality, emitted unhealthy pollutants harming both the environment and the health of individuals. Generally, the Federal Trade Commission will file actions in federal district courts against companies perpetrating false advertising by filing actions to stop the claims, however states also have their own laws concerning regulation of false advertising and other deceptive trade practices.

Stephen T. Armato, Cetrulo LLP, Boston, MA

Indemnification, Regulation, and Liability of Downstream Sellers: A State Survey of Federal Compliance and the "Innocent Retailer" Many states have codified a presumption of a safe product. This presentation will go into detail about how compliance with federal regulations gives manufacturers the benefit of the doubt and places a hurdle for plaintiffs to overcome. For example, statutes in which compliance with federal standards or regulations will bar claims unless a plaintiff can prove the federal standard is inadequate. This presentation will also include a state survey of the "Innocent retailer." Some states allow for an innocent seller of a product to seek indemnification from the manufacturer, or alternatively dismiss the claims if the manufacturer is subject to the jurisdiction of the court. This presentation will also touch on defending a U.S. distributor from product claims when the manufacturer is a foreign corporation.

Elizabeth Sorenson Brotten, Foley & Mansfield, Minneapolis, MN

Advanced Driver Assistance Systems As ADAS development and deployment continues to evolve, the regulatory landscape and the understanding of real-world system performance and benefits are also evolving. Evaluating system capabilities and limitations under diverse operating conditions will continue to play an important role in the deployment of ADAS systems and informing consumer expectations. This presentation will explore the lessons learned from past and current deployments, anticipate future deployments, and regulatory activities.

Haley Johnston, Frost Brown Todd LLP, Indianapolis, IN (moderator) 

Ryan Harrington, Exponent, Natick, MA
Jesse Blaisdell, PACCAR, Seattle, WA

Back Again? The Return of Unidentified Defect Claims: What’s New and What to do About it? Unidentified defect claims are making a notable resurgence, posing unique challenges for product liability defense lawyers. These claims, where plaintiffs allege a product failure without identifying a specific defect, often create uphill battles for defense teams tasked with dismantling ambiguous allegations. This presentation delves into the evolving landscape of unidentified defect litigation, highlighting recent case law, emerging trends, and the shifting tactics of plaintiffs' counsel. Attendees will gain insights into how courts are approaching these claims and the implications for manufacturers, suppliers, and insurers. Building on practical experience and cutting-edge legal strategies, this session will arm defense practitioners with tools to effectively combat these claims. From evidentiary tactics to leveraging expert testimony and alternative arguments, the discussion will explore innovative ways to limit liability and reduce exposure. Whether you’re navigating a single claim or managing a portfolio of cases, this presentation will provide actionable advice to address the unique challenges posed by unidentified defect claims in today’s complex legal environment.

Gregg Tatarka, Wilson Elser Moskowitz Edelman & Dicker LLP, White Plains, NY (Moderator) 

Liana M. Johnson, Johnson Controls, Boca Raton, FL
Mike Papageorge, PPG Consulting LLC, Phoenix, AZ
Greg Reynolds, Johnson Controls, Boca Raton, FL

What do Aviation Attorneys Need to Know About What Pathologists Can and Cannot Do Examples from a Career in Forensic Pathology Forensic pathologists often provide critical support to attorneys in aviation and transportation cases, through their expertise in analyzing premorbid medical conditions, evaluating opposing expert opinions, assessing the effects of toxicants and medications, and determining survivability and consciousness. Their in-depth knowledge of autopsy reports, Medical Examiner/Coroner office procedures, and National Association of Medical Examiners (NAME) practice standards makes them essential contributors in cases involving complex or unusual medical findings. Notably, they also offer critical insights in situations where the subject survived the event.

Jennifer Nara, ESi, Seattle, WA

Pilot's Decision to Declare - Discussion on Aeronautical Decision Making and Aircraft Operation Pilots are responsible for making critical decisions during flights, and poor judgment often leads to accidents, such as engine failure after takeoff, which remains a common challenge. The FAA emphasizes that pilots are ultimately responsible for the safety and operation of their aircraft, but many pilots fail to fully grasp the gravity of this responsibility. Captain Schiff will discuss effective risk management tools, including proactive preparation and decision-making, that are essential for ensuring safety, particularly in time-sensitive situations like engine failures, where deliberate actions can prevent catastrophic outcomes.

Captain Brian Schiff, Keller, TX

Biomechanics in Catastrophic Motor Vehicle Accidents: Medical Causation versus Biomechanical Causation In complex motor vehicle accidents, injury biomechanics analyses can be utilized to assess important injury causation and mitigation relevant to both liability and damages questions. Medical causation versus biomechanical causation will be discussed as it relates to Rule 702 admissibility including their important distinctions for the trial attorney to properly define, compare, and contrast when arguing challenges to biomechanical testimony. Applications of crash test data, laboratory test data, and field accident data (e.g. NASS-CDS and CISS) in high-speed rollover crashes and complex multiple crash events (e.g. frontal crash followed by rollover) will be presented including seat belt use and effectiveness in a seat belt defense. Examples of biomechanical opinions and applications not dependent on seat belt use will also be presented for consideration in jurisdictions where seat belt defense arguments are not permitted.

Jeff Wheeler, Vector Scientific, Golden, CO
R. Bryan Martin, Yoka & Smith, Irvine, CA

Trouble in “Toy” Land?: What, Exactly, is a Toy? The classification of consumer products as “children’s products” or “general use products” is critical for ensuring regulatory compliance and consumer safety. For manufacturers, determining whether a product is classified as a “children’s product” or a “general use” product under federal regulations is not just a technical exercise—it is a critical business decision with significant legal, financial, and reputational implications. Many companies manufacture, sell or import products that are not so black or white when it comes to defining them as children’s or general use products. Common examples of these types of products include decorations, school supplies, and collectibles. For example, is a colorful pen sold at an amusement park a “children’s product” merely because it has a logo from a popular cartoon on it? The answer may be “it depends.” This presentation will provide an in-depth exploration of the regulatory and safety requirements that manufacturers must navigate to make informed classification decisions. Using real-world examples, the presentation seeks to clarify what defines a “children’s product” and a “toy” in today's consumer landscape. It will illustrate how regulators interpret statutory criteria and guidance documents and the challenges manufacturers face when aligning their design, labeling, marketing, and presentation strategies with compliance requirements.

Karol Silva, Exponent, Philadelphia, PA

Product Recalls - Understanding the Potential Implications, Regulatory Landscape & Resources Required There has been and will continue to be a bi-partisan emphasis on safety on children's products above all others. During this session we will be joined by professionals from Arthur J. Gallagher's Product Recall (Adam Nisenson - Managing Director) & Product Liability (Kyle Merkel - Vice President) insurance experts along with Cahill Consultants Regulatory, Product Safety and Litigation expert (Katherine Ann Cahill - CEO). The focus of this session for children's products will be: - The regulatory environment; loss mitigation services and resources available; recall statistics; the enhanced balance sheet implications of recalls; available insurance response (and common program gaps); incident response and associated services; subrogation

Adam Nisenson, Arthur J. Gallagher, Chicago, IL
Kyle Merkel, Arthur J. Gallagher, Los Angeles, CA