Buchalter’s Products Liability Practice Group serves clients in solving their most critical problems, from litigation prevention to regulatory advice, pre-litigation management, litigation, trial, and appeals. Well-versed in the most prevalent and contested issues in products liability law, our firmwide team defends a wide variety of products and materials.
Our proven record of success at trial and through all stages of litigation reflects a collective and comprehensive depth of experience in effective and efficient management of matters and litigation threats. Throughout the process, we are driven by clients’ business interests and goals.
Positioning Clients Ahead of New Risks
Countering the ever-broadening reach and tactics of the plaintiffs’ bar, our deep bench of attorneys anticipates risks and positions clients ahead of threats to their reputations, trade secrets, and confidential information. We offer a bigger-picture commitment to clients, integrating their business goals into defense strategies.
When litigation is unavoidable, Buchalter works tirelessly to advance the development of case law favorable to our clients. We have achieved favorable results in an array of products-related litigation, even in the country’s most plaintiff-friendly jurisdictions.
Our clients value our strength in defending them in a range of litigation, including catastrophic, personal injury, and wrongful death claims.
Buchalter attorneys are readily available for clients whenever needed, including in the immediate aftermath of an accident or catastrophic incident, when evidence preservation is vital, or at the outset of the manufacture of a product. We work collaboratively as a single integrated unit to provide the most effective guidance possible to clients.
Extensive Industry Experience
Buchalter is recognized as a leader in product liability defense and risk avoidance. We represent national and regional clients, both Fortune 500 and smaller companies, across a range of industries. Our industry depth includes:
- Agricultural Machinery and Equipment
- Apparel and Textiles, Jewelry, and Accessories
- Asbestos, Toxic Mass Torts, and Talc Coordinated Litigation
- Automotive, including Autonomous Vehicles and Emerging Technologies
- Aviation Components and Drones
- California’s Proposition 65
- Chemicals (restricted and regulated) and Pesticides, PFAS, and Other Toxic Torts
- Children’s Products, Toys and Care Devices, and Clothing
- Consumer Appliances
- Cosmetics, Health and Wellness, and Dietary Supplements
- Electrical Distribution and Generation Equipment
- Environmental Contaminants and Exposure
- Food and Hospitality
- Heavy Construction and Earthmoving Equipment
- Medical Devices and Pharmaceuticals
- Sporting Goods and Fitness Equipment, Recreational and Outdoor Products
- Vertical Conveyance and Pedestrian Mobility Products and Machinery
Litigation and Trial Defense
Buchalter team members have served in every role in sophisticated products liability claims and litigation: trial lead, co-counsel, coordinating counsel, and local counsel. We have extensive experience as national, regional, liaison, and coordinating counsel in MDLs, as well as Coordinated State Proceedings and other mass and tort litigations, including class actions. Our trial strategy begins at the outset of a new matter, and reflects our deep knowledge of clients and institutional knowledge of the products at issue.
Over decades of products liability practice, we have seen how our mastery of the underlying science and engineering of the product and claims achieves equal mastery of the litigation.
Contributing to that mastery is our attorneys’ diverse educational backgrounds in technical fields relevant to the products we defend; our team members have dedicated themselves to developing a deep understanding of the products and their design. We have also established and developed relationships with experts in virtually every related field of practice as we have become known for highly skilled management of the related science.
Known for extraordinary diligence, we position clients advantageously in discovery, motion practice, the preparation and defense of company personnel, and the management of witnesses and experts. We work effectively with clients to prevent claims from replicating in other jurisdictions, and are proud of our enviable record of summary judgment victories and trial defense verdicts that have eliminated the threat of high-damage suits.
Regulatory Compliance and Pre-Litigation Counsel, Including Prop 65
When organizations require regulatory consulting or face claims of regulatory violations, we draw from decades of litigation success and productive relationships with regulatory agencies and overseers.
We have extensive experience managing California Proposition 65 compliance as well as defending private enforcement cases.
As counsel to many regulated businesses, our lawyers advise and guide on matters involving the U.S. Food and Drug Administration and Consumer Product Safety Commission, including internal investigations, product recalls, and a range of compliance issues. Our background strengthens the litigation-prevention guidance and advice we offer on:
- Supply Chain Issues
- Warranty Reviews
- Warnings and Labels
- User Manuals and Other Regulatory Obligations
Should a crisis arise, we are familiar with the best practices to contain and control risks, and work closely with company leadership to implement a powerful, early defense.
National Leaders in Products Liability Law
Buchalter attorneys are involved in a range of industry groups that bolster their active knowledge, including the prestigious Product Liability Advisory Council (PLAC), which is a highly selective group of leading product manufacturers and elite, product liability defense counsel in the United States and abroad.
Our team includes leaders and members within the International Association of Defense Counsel, Defense Research Institute, Federation of Defense and Corporate Counsel, Federal Bar Association, Association of Business Trial Lawyers, American College of Trial Lawyers, and the American Board of Trial Advocates. Several attorneys are recognized by Best Lawyers in America, including as Lawyers of the Year in product liability litigation, and by Benchmark Litigation as Top Stars.
Protecting clients from litigation risks and catastrophic claims requires staying in front of emerging laws and legal developments. Our attorneys regularly write on topical and controversial issues, and are invited to speak at major conferences and present regulatory updates and programs.
Topics and issues that we regularly provide insights on include:
- Talc and Asbestos Litigation
- Expert Testimony: Coordinating and Preparing Experts in Products-Related Matters
- Automotive Claims: Defending Claims and Working with Experts
- PFAS, Chemical Regulations, and Prop 65 Issues
- Sporting Goods and Manufacturing Issues
- Case-Specific Legal Updates
As part of our ongoing, frequent communication with clients, we also present webinars on issues unique to their businesses.