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PRODUCTS: CLASS ACTION, TRADE & INDUSTRY REPRESENTATION

We protect and preserve your brand, product and reputation with our deep industry experience and proven trial lawyers—in and out of the courtroom.

Our Approach

Protecting our clients and their products is our highest priority.

Companies that make products come to our team to avoid disputes or resolve them quickly in order to get back to business.

With a deep understanding of your business and industry, we partner with you proactively to review industry standards and government regulation compliance. We advise on improvements in product testing, warnings and recordkeeping to reduce ongoing litigation and avoidance of future lawsuits.

Litigation is expensive and unpredictable.

Our team controls costs without compromise. We begin with an early case evaluation to form an educated assessment of litigation risks. We staff our cases efficiently using scalable teams and employ state-of-the-art case management tools.

We know how to talk to juries and have the experience to jump in and handle a client’s case at a moment’s notice, regardless of the subject matter.

With extensive experience in class action, multijurisdictional and multidistrict litigation, we have successfully tried high-exposure cases to verdicts in some of the most challenging venues across the country. We are recognized by general counsel in the BTI Litigation Outlook 2016 as one of the top three “powerhouse” firms for product liability litigation.

Our full-service 24/7 Crisis Response team guides clients through accident investigations and high profile crises.

Who we work with

Product manufacturers of every kind including those in the following industries:

  • Pharmaceutical and Medical Device/Life Sciences
  • Aviation
  • Petro-chemical
  • Energy
  • Food, Beverage & Agriculture
  • Industrial & infrastructure products and services
  • Power systems products and services

Media Clips

  • Product Liability Regulation & Legislation: Midyear Report
    Law360 | July 30, 2016
    Buffalo commercial litigation associate Tracey Scarpello is quoted in this piece discussing FDA labeling with regard to nutritional facts and regulations under the Food Safety Modernization Act.
  • Wearable Fitness Tracking Devices: The Resolution of Claims
    Product Liability Law & Strategy | April 1, 2016
    The first installment of a two-part column authored by New York City partners Chris Mason and Kristin Jamberdino deals with the timely issue of resolving claims centered upon fitness trackers and other personal monitoring devices.
  • Colo. Court Further Affirms Design Defect Preemption
    Law360 | January 7, 2016
    New York Commercial Litigation associate Paul Stinson explains the precedent set in Colorado that will be of value for aviation defendants who find themselves litigating in forums that recognize federal preemption of the field of aviation safety.
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  • Ascertaining Potential Plaintiffs
    Product Liability Law & Strategy | December 1, 2015
    Buffalo Commercial Litigation partner Vivian Quinn and Buffalo Commercial Litigation associate Tracey Scarpello authored this column “ascertainability” developments to watch as the issue in all likelihood winds its way to the United States Supreme Court.
  • 3 Firms Are GCs' Top Picks For Product Liability Litigation
    Law360 | September 21, 2015
    In the BTI Litigation Outlook 2016, Nixon Peabody is named as one of three powerhouses in product liability litigation. The recognition is based on a survey of general counsel and highlights firms with long histories of success in the practice area and reputations for developing big-picture strategies for their clients. Litigation department co-chair Scott O’Connell is quoted within the piece.
  • Post-Daimler Decisions Confirm the High Bar for General Jurisdiction over Product Manufacturers
    TerraLex Connections | July 15, 2015
    This column discusses a survey of lower court decisions in the sixteen months since the Supreme Court's decision in Daimler AG v. Bauman. This survey confirms that courts are applying a high bar with more uniform results as to when general jurisdiction will be found. Partner and co-leader of the Commercial Litigation practice Joe Ortego, San Francisco Commercial Litigation partner Eric Strain and New York City Commercial Litigation associate Zack Stillings co-authored the piece.
  • Nixon Peabody Associate Sees Drone Practice Take Wing
    The Recorder | June 15, 2015
    This feature Q&A highlights efforts by San Francisco commercial litigation associate Cameron Cloar-Zavaleta to secure FAA permission for clients for commercial drone use.
  • Reform Near for Chemicals Law
    Buffalo Law Journal | May 25, 2015
    Buffalo Commercial Litigation partner John Weinholtz is featured throughout this article discussing potential future updates to the Toxic Substances Control Act.
  • Drones Fly into Hollywood
    Daily Journal | September 26, 2014
    San Francisco Commercial Litigation associate Cameron Cloar is quoted in this story on the Federal Aviation Administration’s recent decision to grant the use of drones by select photo and video production companies.
  • Amazon Drone-Testing Petition Seen As Key Milestone for Emerging Market
    Bloomberg BNA | August 6, 2014
    San Francisco Commercial Litigation associate Cameron Cloar provides commentary on Amazon.com Inc.'s efforts to expand testing of drones for package delivery and the broader implications of this.
  • Courts Line Up Behind 3rd Circ.'s Ascertainability Logic
    Law360 | July 25, 2014
    Buffalo Commercial Litigation associate Tracey Ehlers, Buffalo Commercial Litigation partner Viv Quinn, and Chicago IP Counseling & Transactions partner Janet Garetto discuss federal courts’ increased attention to the ascertainability of class members especially in the food and beverage industries where consumers do not typically retain receipts.
  • Bloom Sworn in as Bar Association President
    Buffalo News | June 13, 2014
    Buffalo Commercial Litigation counsel Laurie Bloom is featured in this article noting the new leadership of the Erie County Bar Association. Laurie is the 108th president of the Association.
  • Food Labeling Claims: Differing Approaches
    Product Liability Law & Strategy | June 1, 2014
    Buffalo Products: Class Action, Trade & Industry Representation partner Viv Quinn and associate Tracey Ehlers authored this column discussing how courts are deciding whether and on what basis to certify class actions involving food and beverage products.
  • "Drone Law" Becomes Big Business
    FORTUNE | April 9, 2014
    San Francisco Products: Class Action, Trade & Industry representation associate Cameron Cloar provides commentary in this feature article on how law firms are responding to the drone industry.
  • Proposal on Privilege Logs Seeks to Trim Costs, Save Time
    Commercial Litigation Insider | April 4, 2014
    Rochester Products: Class Action, Trade & Industry Representation partner David Tennant is quoted in this feature article on the proposed rule issued by the Office of Court Administration that would modify privilege log practice in the Commercial Division to streamline the process and ease the burden and costs on litigants. David co-authored the amendment.
  • ‘What's Our Vector, Victor?'—A Series of Regulatory Amendments May Force Change in Business Model for Regional Airline Industry
    Bloomberg BNA Daily Report for Executives | March 17, 2014
    San Francisco Products: Class Action, Trade & Industry Representation associate Cameron Cloar authored this column discussing recent changes to the regulation of commercial pilot training, certification and employment that may lead to significant transformation of airlines’ business models and the industry as a whole.
  • Drone Deliveries in Mission District? S.F. startup has plan
    San Francisco Chronicle | March 15, 2014
    San Francisco Products: Class Action, Trade & Industry Representation associate Cameron Cloar discusses San Francisco startup, QuiQui, which plans to use drones to deliver drugstore products.
  • If Facebook Buys Drones, They May Fly above the Red Tape
    Washington Post | March 5, 2014
    San Francisco Products: Class Action, Trade & Industry representation associate Cameron Cloar, a former pilot for a national airline, discusses Facebook’s interest in drones.
  • Law360 Aerospace & Defense Editorial Advisory Board
    Law360 | February 21, 2014
    San Francisco Products: Class Action, Trade & Industry representation associate Cameron Cloar, a former pilot for a national airline, is included among Law360’s Aerospace & Defense Editorial Advisory Board.
  • Is It Time To Recall The Term ‘Recall'?
    Law360 | February 18, 2014
    In this column, Products: Class Action, Trade & Industry Representation partners Jim Weller and Barbara Lukeman and counsel Ben Dwyer discuss if the term recall is outdated and inaccurate.
  • Claims and Classes in Medical Monitoring Cases
    Law360 | January 22, 2014
    Buffalo partner and deputy leader of the firm’s Products: Class Action, Trade & Industry Representation practice group Viv Quinn and Buffalo Products: Class Action, Trade & Industry Representation associate Tracey Ehlers discuss the New York Court of Appeals decision in Caronia et al. v. Philip Morris USA Inc. to not adopt a new cause of action.
  • Making a Case for Paralegals
    Long Island Business News | January 22, 2014
    Long Island office hiring partner Jim Weller discusses demand for paralegals at Long Island law firms.
  • Amazon Unveils Drone-Use Plan Amid Policy Debate Over Technology
    Bloomberg BNA | December 3, 2013

    San Francisco Products: Class Action, Trade & Industry Representation Cameron Cloar, a former pilot for a national airline, discusses Amazon’s plans to deliver packages to customers using drones.

  • On the Town: ‘The Daily Record' honors Attorneys of the Year
    Daily Record | November 18, 2013
    Rochester Products: Class Action, Trade & Industry Representation partner Chris Thomas is featured in this article highlighting the 2013 Attorneys of the Year.
  • Lawyers' New Practice Invites Second-Guessing
    Crain's Chicago Business | November 15, 2013
    Products: Class Action, Trade & Industry Representation practice group leader and leader of the firm’s NP Trial® team Joe Ortego discusses the firm’s Second Opinion service.
  • FAA's Privacy Punt Leaves Drone Operators in the Dark
    Law360 | November 8, 2013
    San Francisco Products: Class Action, Industry & Trade Representation associate Cameron Cloar discusses the Federal Aviation Administration’s lack of clarity on privacy matters related to use of domestic drones. Click here to read the article.
  • SCOTUS Cert Skirt Left Door Open For Cy Pres Tune-Up
    Law360 | November 8, 2013
    This column discusses the U.S. Supreme Court’s denial of a petition for a writ of certiorari in Marek v. Lane. New York City Commercial Litigation partner Chris Mason, San Francisco Commercial Litigation partner Bruce Copeland, Manchester Commercial Litigation associate Dan Deane and Rochester Products: Class Action, Industry & Trade Representation associate Kevin Saunders authored the piece.
  • Good Privacy Practices Help Your Firm Survive and Thrive
    Rochester Business Journal | November 8, 2013
    Rochester Global Business & Transactions partner Jeff LaBarge and Buffalo Products: Class Action, Industry & Trade Representation counsel Jacob Herstek discuss why and how companies should have a strong compliance plan in the event of a data breach.
  • Why Product Manufacturers Should Heed Privacy Trends
    Product Liability Law & Strategy | November 1, 2013
    Buffalo Products: Class Action, Trade & Industry Representation counsel Jacob Herstek, a member of the firm’s Privacy & Data Protection team, authored this column discussing privacy as a touchstone issue for product manufacturers to keep in mind as they work to build and keep consumer trust.
  • Medicare Insurer Can't Get AIG Coverage for $18M Scam
    Law360 | October 1, 2013
    This article notes a New York appeals court ruling in Universal American Corp v. National Union Fire Insurance Co. of Pittsburgh, PA. New York City Products: Class Action, Industry and Trade Representation partner Barbara Lukeman is counsel for National Union and is quoted in the piece.

Ideas

California Supreme Court adopts the "sophisticated intermediary" defense for raw material suppliers facing failure to warn claims
Products Litigation Alert | May 26, 2016

The Consumer Finance Protection Bureau drops the other shoe
Class Action Alert | May 11, 2016

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Rigorous application of New York Frye test results in exclusion of plaintiff's experts in gasoline vapor case
Products Alert | February 16, 2016

Don't give away your product or services
Commercial Litigation Alert | January 19, 2016

Airline passengers may not assert statutory compensation claims under European regulation in the United States
Aviation Law Alert | April 15, 2015

CPSC moves to ban additional phthalates from use in children's products
Products Alert | January 22, 2015

Easing of the Cuba sanctions: what you need to know
Export Controls & Economic Sanctions Alert | December 18, 2014

Decision in beverage "class action" bolsters Third Circuit emphasis on ascertainability
Food Safety and Litigation Alert | July 16, 2014

Fifth Circuit slams the door shut on innovator liability and rejects attempted end-run around Mensing
Life Sciences Alert | May 23, 2014

Seventh Circuit FTAIA ruling makes it more difficult for U.S. plaintiffs to recover against foreign manufacturers for U.S. antitrust violations
Products Antitrust Alert | April 4, 2014

California's Green Chemistry Initiative continues rolling along: DTSC announces draft priority products which will require a rapid response from manufacturers
Products Alert | April 4, 2014

Consumer product safety: should the term "recall" be recalled?
Products Alert | February 11, 2014

Update on trans fat proposed regulation
Food Safety & Litigation Alert | December 31, 2013

No reason to deviate and create new "medical monitoring" cause of action in New York
Products: Class Action, Trade & Industry Representation Alert | December 19, 2013

FDA: Interested parties have 60 days to weigh in on tentative determination regarding trans fats
Food Safety & Litigation Alert | November 8, 2013

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