2023 DRI Product Liability Conference

Food Law and Consumer Goods & Office Equipment (Joint Session)

Food Law
Chair | Shannon Nessier, Hanson Bridgett, San Francisco, CA
Vice Chair | S. Michael Gentine, Arnold & Porter, Washington, D.C.

Food Safety: It's Not Just a Gut Feeling
Join this session to gain a foundational understanding of disease-causing microorganisms and pathogens, including the top 5 pathogens that cause food illnesses. The speakers will discuss the main types of foodborne illnesses and the best methods of preventing them. In addition to the science behind these issues, the speakers will share the legal perspectives of food safety issues and risk transfer as they relate to food safety – a topic for every part of the food supply chain!

Dr. Allison Stock, J.S. Held, New Orleans, LA
Jonathan Toren, Cozen O'Connor, Seattle, WA

Consumer Goods & Office Equipment
Chair | Katie Fillmore, Duane Morris, Austin, TX
Vice Chair | Ike Messmore, Nelson Mullins, Minneapolis, MN

Crossing the Line: Managing Cross-Border Reporting and Product Recalls
With the global market reality, recalls aren’t just in your jurisdiction, or even your country! This panel will first speak to issues with reporting on product issues that cross borders, and how to factor that into how you advise your clients on reporting practices. Then, the speakers will focus on the approaches to, and logistics involved in, conducting a cross-border recall. Make sure you can advise your clients, from major retailers to mom-and-pop shops innocently shipping across the border, on how to best manage issues as they arise in real time.

Sarah-Jane Dobson, Kennedys Law, London, England
S. Michael Gentine, Arnold & Porter, Washington, D.C.

Scaffolds, Cranes & Aerial Devices and ACMIE (Joint Session)

Scaffolds, Cranes & Aerial Devices
Chair | Kathleen Ingram Carrington, Butler Snow, Nashville, TN
Vice Chair | Brandon Meyers, McCoy Leavitt Laskey LLC, Albuquerque, NM

Optional Safety Features and the Power of Comparative Fault
How do you defend a case alleging your product lacked an optional safety feature? This presentation will provide strategies on how to defend these cases. Hear from experts in the field on how to use scientific evaluation to determine whether the optional safety feature would have prevented the accident.

Tim Freeman, Tanenbaum Keale, Newark, NJ
Rachel Kelly, Exponent, Philadelphia, PA
Kirk Ney, Ney Forensic Science LLC, Waterloo, IA

ACMIE
Chair | Kristen E. Dennison, Littleton Park Joyce Ughetta & Park, Philadelphia, PA, ON
Vice Chair | Patrick Edwards, Stinson, Wichita, KS

MEWP Operator Training Certification Programs and Other Training Issues
What do you do when operators of aerial devices are “certified,” but the certification program did not meet the ANSI requirements? Learn which online programs meet ANSI requirements and which do not, and what to look for or ask when an operator claims to be certified. Hear from the Chairman of the A92.22 Safe Use of MEWPs Sub-committee regarding his thoughts and advice.

Paul Guthorn, Vollmer Gray, Signal Hill, CA
Tony Groat, Anthony W. Groat and International Powered Access Federation (IPAF), Schenectady, NY

Recreational Products and Power & Hand Tools (Joint Session)

Recreational Products
Chair | Jared Hawk, Saul Ewing Arnstein & Lehr, Pittsburgh, PA
Vice Chair | Christopher Jackson, Dinsmore, Lexington, KY

What Experts Want Their Lawyers to Know
A discussion of issues such as ways lawyers can assist their experts better, dealing with experts in new normal of COVID, remote inspections, drafting of reports, testimony preparation and much more.

Matthew Kulick, Hino Motors, Novi, MI
Douglas Morr, S-E-A Limited, Columbus, OH
Dr. Rose Figueroa, Rimkus, St Petersburg, FL
Farheen Khan, Rimkus, Dallas, TX

Power & Hand Tools
Chair | Suzanne Galvin, Thompson Coburn, St. Louis, MO
Vice Chair | Andrei Pascu, McMillan LLP, Montreal, Canada

Dealing with Foreign National Witnesses
A discussion of issues relevant when witnesses are foreign nationals, especially when serving as corporate representatives – preparing such witnesses to testify, explaining the U.S. legal system, and concerns about expert opinions vs. lay testimony.

Jessica Kuredjian, Cassels, Toronto, Canada
Thomas Panter, Kennedys, London, England

Young Lawyers Breakout

Chair | Pamela Kaplan, Tanenbaum Keale LLP, Newark, NJ
Vice Chair | Xan Ingram Flowers, Butler Snow, Birmingham, AL

Distinguishing Yourself as Junior Attorney: The In-House Counsel’s Perspective
Beyond Work-Product: Delivering quality work product and doing so on time are merely the table stakes to distinguishing yourself as a young attorney. What else can young attorneys do to set themselves apart? This discussion includes important “Dos and Don’ts” from an in-house perspective, and the right way to communicate with in-house counsel.

Matt Bown, Hermes, Netburn, O’Connor & Spearing, P.C., Boston, MA
Mariah Jacobsen, Northern Tool & Equipment Company, Northfield, MN

Treatment of Software as a Product
This presentation will discuss the evolution and split of authority in the treatment of software as a “product” for purposes of product liability litigation (discussion and interpretation of this has been taking place in the Courts for many years now with inconsistent results). It will also cover the implications of this in terms of liability (for example, if a product would be subject to strict liability and other traditional product claims/defenses). Additionally, it will discuss thoughts about where this space may go in the future (particularly as more and more products integrate software into the product itself, which blurs the traditional notions of “software”).

Hilary Johnson, Crowell & Moring, Washington D.C.

"TikTok Lawyering" In Today’s Legal Landscape: The Continuing Impact of Social Media on Litigation Strategy
This presentation will address the growing trend of "TikTok Lawyering" recently popularized during the Johnny Depp Trial. What are some of the potential ethical issues that this trend raises? Additionally, it will discuss some of the difficulties that litigators face in picking juries in cases where social media plays such a large factor.

Alexandria Layton, Evans Fears & Schuttert, Las Vegas, NV

Digital Evidence & Emerging Technologies and Trial Techniques (Joint Session)

Digital Evidence & Emerging Technologies
Chair | Matthew D. Gurbach, Bricker & Eckler, Cleveland, OH
Vice Chair | James M. Dedman, IV, Gallivan, White & Boyd, Charlotte, NC
Marketing Chair | R. Andrew Walden, Womble Bond Dickinson, LLP, Charleston, SC

Can We Trust What We See? - Deep Fakes and the Manipulation of Digital Evidence Using Crafty Edits, Artificial Intelligence, Selective Omission, and Good Ole’ Fashion Fabrication
A picture may not be worth a thousand words. Specifically, if the picture is altered, manipulated, or faked. During this session, we will explore the tactical and practical considerations for practitioners and companies relating to alteration of digital evidence such as photographs and videos.

Moderator
Matthew Gurbach, Bricker & Eckler LLP, Cleveland, OH

Casey S. Erick, Cowles Thompson, Dallas, TX
Collin Warren, Fisher Phillips, Houston, TX
Don Vilfer, Digital Evidence Ventures, Roseville, CA

Trial Techniques
Chair | Jeffrey C. Warren, Bowman & Brooke, Phoenix, AZ
Vice Chair | Tom Bazemore, Huie, Birmingham, AL

Preserving Issues for Appeal: Common Trial Lawyer Errors and Strategies for Preventing Them

Michael Eady, Thompson, Coe, Cousins & Irons, LLP, Austin, TX
Raffi Melkonian, Wright Close & Barger, Houston, TX

Fire Science & Litigation and Building Products (Joint Session)

Fire Science & Litigation
Chair | Andrew E. Stead, McMillan, Calgary, Canada
Vice Chair | Allison Waase, Kaufman Borgeest & Ryan, LLP, Westchester, NY

How to Best Challenge Fire Cause-and-Origin Opinions Under NFPA 921
NFPA 921 is the preeminent guide for fire investigations and is referenced in a majority of court decisions involving Daubert challenges to fire cause-and-origin opinions. Despite its acceptance among fire investigators and courts across the country, courts refuse to elevate it to the standard for reliability under the Rules of Evidence. This creates a predicament for litigators who challenge fire investigators’ cause-and-origin opinions because the case law is unclear about how closely an expert needs to follow NFPA 921’s methodology to support reliable opinions. This presentation will provide an in-depth discussion of these and related issues.

Haley A. Johnston, Frost Brown Todd, Indianapolis, IN
Nora Bloom, Navistar, Lisle, IL
Amy E. Gray, ESI, Miami, FL

Building Products
Chair | Rachel Cooper, McMillan, Toronto, Canada
Vice Chair | Lindsay Zanello, Dechert LLP, New York, New York

HVAC Liability
Exploring ventilation systems, airborne diseases, and associated liability/contracts/new building products, and reflecting on the pivots and forward-thinking changes that came from COVID-19-learned lessons.

Ian Botnick, Johnson Controls, Inc., Naperville, Illinois
Marty Upchurch, S-E-A, Fishers, Indiana

Children’s Products & Manufacturers’ Risk (Joint Session)

Children's Products
Chair | Rachel Remke, Arent Fox Schiff, Chicago, IL
Vice Chair | Mitchell W. Taraschi, Connell Foley, Roseland, NJ

California’s Gender-Neutral Toy Law
California passed a law that requires that large stores have a “gender-neutral” section to display a “reasonable selection” of gender-neutral. This presentation will provide an overview of the law and its requirements, a discussion of whether the law only applies to “childcare items,” and a conversation regarding whether this law suggests a larger trend toward these types of requirements on manufacturers of all products, not just childcare items.

Merton Howard, Hanson Bridgett, San Francisco, CA
Shannon Nessier, Hanson Bridgett, San Francisco, CA

Manufacturer's Risk
Chair | Jason R. Gagnon, Carmody Law, Waterbury, CT
Vice Chair | Denis F. Alia, Cetrulo, LLP, Boston MA

Direct to Consumer Marketing
The pandemic forced many manufacturers of products traditionally sold through authorized retailers to market directly to consumers … examples include higher-end bicycles, e-bikes, e-scooters etc. What are the pit-falls/benefits of this decision? Are there products that are too complicated/dangerous to fit this model? What are best practices for warnings/instructions for these types of products? This presentation will discuss these questions.

Cheryl Possenti, Goldberg Segalla, Clarence, NY
Steven Hall, M.S.E. CPSM, Applied Safety and Ergonomics, Ann Arbor, MI
David Campbell, Cycling Sports Group, Oakland, CA

CPSC Unilateral Releases
What are the trends in the industry with CPSC use of unilateral releases, best practices for dealing with a unilateral release and best practices for minimizing use as evidence in products liability cases? This presentation will explore these questions and more.

Hon. Ann Marie Buerkle, Williams and Jensen, PLLC, Washington, D.C.

Automotive and Biomechanics & Injury Causation (Joint Session)

Automotive
Chair | Elizabeth L. Moyo, Porter Wright, Columbus, OH
Vice Chair | Natalie J. Eschbach, Litchfield Cavo, Chicago, IL

Don’t Forget your Biomechanics Expert can Help the Jury Understand the Medical Aspects of your Case
Understanding the extent of how a biomechanical engineer may help you with the medical aspects of your case during discovery and at trial. During discovery, a biomechanical engineer can help you know what to ask for and interpret the medical records that you receive. At trial, a biomechanical engineer may be able to offer medical opinions.

Lisa Gwin, Biodynamic Research Corporation, San Antonio, TX
Cary Slobin, Nelson Mullins, Plano, TX

Biomechanics & Injury Causation
Chair | John W. Halpin, Laffey, Leitner & Goode, LLC, Milwaukee, WI
Vice Chair | Megan E. Cook, Teague Campbell, Asheville, NC

In-House Experts: How to Identify and Use Them
In-house and outside counsel will speak to how they have identified, developed, and used in-house experts. The presentation will include a lively discussion on why use an in-house expert instead of a third-party expert, how to train an in-house expert, whether you should provide a report from the in-house expert and whether the in-house expert can also serve as your 30(b)(6) witness.

Moderator
William E. McDonald, III, Bush Seyferth, PLLC, Troy, MI

Konrad Pilatowicz, U-Haul International, Inc., Phoenix, AZ
Reed Cochran Darsey, Stellantis, Auburn Hills, MI
Matt King, IMMI, Westfield, IN
James R. Chinni, P.E., Engineering Answers, LLC, Noblesville, IN

Aviation and Aerospace

Chair | Brad Brown, Jackson Walker, Dallas, TX
Vice Chair | Conor A. McLaughlin, Thompson Hine, Cleveland, OH

Emerging Aviation Issues
Hear an exciting panel discussion about emerging aviation issues involving 3-D printing technologies, artificial intelligence and autonomous vehicles. Learn about how these issues are developing in litigation matters and are affecting product liability risks, as well as the legal considerations for the use of the different technologies. The panel will discuss recent case law addressing these subjects and their potential impact on established product liability law.

Bridget McGraw, GE Aviation, Cincinnati, OH
Daniel Ridlon, Perkins Coie LLP, Seattle, WA

Mass Torts & Class Actions and Chemical & Toxic Tort (Joint Session)

Mass Torts & Class Actions
Chair | Mary Delli Quadri, Gascon, Montreal, Canada
Vice Chair | Maude Lafortune Belair, Lavery, Montreal, Canada

Opioid Litigation and Defenses – A Comparison
This presentation addresses the types of opioid actions proceeding in Canada including some of the tort claims that are being advanced, such as public nuisance claims, as well as lessons that can be learnt from the Tobacco litigation in Canada and lessons from the settlements arrived at to date. On each of these topics, this presentation will highlight differences or similarities with the opioid litigation in the US.

Myriam Brixi, Lavery, Montreal, Canada
Kelsey Sherriff, Miller Thomson, Vancouver, Canada

Chemical & Toxic Tort
Chair | Luis A. Leitzelar, Bienvenu, Bonnecaze, Foco & Viator, LLC, Baton Rouge, LA
Vice Chair | George R. Wray, BLG, Toronto, Canada

Comprehensive Practice Update
This dynamic panel will provide an informative look at the current state of e-discovery obligations and costs for litigants, as well as personal jurisdiction and its impact on chemical and toxic tort litigation. The panelists will also discuss their insights on issues surrounding equitable imposition of successor liability, and a review of developments in “popcorn” litigation.

April Byrd, Eckert Seamans Cherin & Mellott, Philadelphia, PA
Luis A. Leitzelar, Bienvenu, Bonnecaze, Foco & Viator, LLC, Baton Rouge, LA