The potential harm to a manufacturer from a product liability action goes far beyond the cost of litigation and damages. The toll of negative publicity, customer defections and loss of investor confidence can be immeasurable.
Publications
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10.24.2023California's Digital Fair Repair Act: SB 244UpdatesGovernor Gavin Newsom recently approved California’s SB 244, also referred to as the Right to Repair Act, positioning California as a pivotal state advocating for comprehensive electronics or appliance repair rights.
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08.28.2023Space Flight Liability: Knowing and Reducing the RisksArticles
Perkins Coie
The NewSpace industry involves cutting-edge technologies. It also raises cutting-edge product liability risks. Hundreds of entities can be involved in a launch, including launch service providers, spacecraft and component part manufacturers, payload manufacturers, launch site operators, and space flight participants. If something goes wrong during launch, orbit, or reentry, any one of these parties could potentially be at fault. Manufacturers of equipment that may be used in space should carefully assess their product liability risks—and proactively seek to mitigate those risks. -
03.23.2023Sector-Based Cybersecurity Requirements for Critical Infrastructure, From Our Water Systems to the SkiesUpdatesCritical infrastructure companies should expect substantial new federal cybersecurity requirements based on the National Cybersecurity Strategy that President Biden announced on March 2, 2023. After the Administration announced the Strategy, the EPA released a memorandum addressing cybersecurity in public water systems and TSA released an aviation cybersecurity amendment.
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12.31.2020FAA Issues Much-Anticipated Drone RulesUpdatesThe holidays came a bit late this year for stakeholders in the uncrewed aircraft industry when, on December 28, 2020, the Federal Aviation Administration (FAA) released its long-awaited rules on Remote ID, operations over people and moving vehicles, and night operations.
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07.09.2020Remote Depositions and Other Remote Testimony: Representing Clients in the New NormalUpdatesThis update provides some recent lessons learned with remote depositions that apply to both those who take and defend remote depositions.
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05.05.2020Using Deposition Technology While Sheltered in PlaceUpdatesThis update and the corresponding blog post discuss how litigators and litigants can benefit from the available technology to continue taking and defending depositions while quarantined in their home offices.
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E-BookA Manufacturer's Guide to Product Liability Law in the United StatesLawyer PublicationsPerkins Coie is proud to announce that the third edition of A Manufacturer's Guide to Product Liability Law in the United States is now available as an e-book and in a Chinese printed version, as well as the original English printed version.
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06.18.2019Coffee Products Exempted From Proposition 65UpdatesCalifornia’s Office of Environmental Health Hazard Assessment (OEHHA) approved a new regulation exempting coffee from Proposition 65 warnings earlier this month.
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02.14.2019FAA Updates Small UAS RulesUpdatesThe FAA published proposed rules on the Operation of Small Unmanned Aircraft Over People on February 13, 2019.
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01.16.2019When Redactions Don’t RedactUpdatesThe press has widely reported on Paul Manafort’s attorneys’ failed attempt to redact sensitive information in a recent legal filing, allowing the press to uncover and publish the very information the attorneys intended to redact.
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10.16.2018USDOT Issues Updated Policy on Automated Vehicles, Signaling Rulemakings to ComeUpdatesThe United States Department of Transportation recently released its latest policy statement on automated vehicle technologies, Automated Driving Systems 3.0: Preparing for the Future of Transportation.
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10.04.2018Congress Passes FAA Reauthorization Bill That Opens Door for Significant Changes to UAS RegulationsUpdatesOn October 3, 2018, the Senate passed a bipartisan bill that will reauthorize the Federal Aviation Administration (FAA) for five years. The bill, which is referred to as the FAA Reauthorization Act of 2018 (H.R. 302), was previously passed by the House of Representatives.
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02.16.2018Legal Risks Attached to AI Technology are Far from ArtificialArticlesArtificial Intelligence (AI) refers to a machine's ability to simulate human intelligence to perform tasks like planning, decision-making, and recognizing objects or sounds. Its use is not always obvious, but AI is now present in nearly every aspect of our lives—from our "smart" home products to our medical care, jobs, and businesses.
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02.02.2018Oregon Court of Appeals Strikes Down Statutory Cap on Noneconomic DamagesUpdatesOregon is one of 35 states where the legislature has successfully enacted a statute capping the amount of noneconomic damages, commonly known as “emotional distress,” that juries can award. With the issuance of two recent opinions from the Oregon Court of Appeals, however, Oregon now joins six other states with courts that have ruled such caps are unconstitutional.
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01.23.2018USDOT Seeks Comment on Removing Regulatory Barriers to Autonomous VehiclesUpdatesLast week, three U.S. Department of Transportation agencies issued requests for comment on ways to update federal regulations and policies to allow for the safe testing and deployment of autonomous vehicles.
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06.06.2017What You Need to Know About 3-D Printing and InsuranceUpdatesAlthough 3-D printing has been around since the 1980s, its tremendous growth in commercial and private applications in recent years may leave some companies exposed to new liability, including intellectual property claims and product liability claims, among others.
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06.01.2017Supreme Court Continues Rule-based Refinement of Personal JurisdictionUpdatesOn May 30, 2017, the U.S. Supreme Court handed down yet another personal jurisdiction opinion emphasizing clear rules as to when out-of-state defendants may be haled into court.
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05.31.2017What You Need to Know About 3-D Printing and Product LiabilityUpdates3-D printing has enabled a variety of new manufacturing processes that will blur fundamental distinctions in the law of product liability, potentially exposing companies to liability they did not anticipate.
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02.06.2017Judge Neil Gorsuch, the Supreme Court and Product Liability LitigationUpdatesWhat does the nomination of Judge Neil Gorsuch for the U.S. Supreme Court mean for product liability litigation?
This update was republished in Law360 on 02.08.2017, "Justice Gorsuch And Product Liability Litigation." -
12.08.2016California Supreme Court Establishes Duty in Take-Home Asbestos Exposure CasesUpdatesOn December 1, 2016, the Supreme Court of California held that the duty of employers and premises owners to exercise ordinary care in their use of asbestos in their businesses includes a duty to take reasonable care to prevent secondary (take-home) asbestos exposure to members of a worker’s household.
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10.03.2016DOT Shifts Into Gear on Self-Driving Cars and Issues New Automated Vehicles PolicyUpdatesThe National Highway Traffic Safety Administration (NHTSA) has issued a comprehensive policy on “automated vehicles,” more commonly known as self-driving cars.
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09.26.2016Ninth Circuit Issues “Antitrust Primer for Aftermarket Issues” in AerotecUpdatesIn a precedent-setting opinion, the U.S. Court of Appeals for the Ninth Circuit in Aerotec International, Inc. v. Honeywell International, Inc., affirmed the summary dismissal of a garden variety of antitrust claims brought by Aerotec.
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06.23.2016FAA’s New Rules for Small Unmanned AircraftUpdates
Since the Federal Aviation Administration issued its proposed rules for small Unmanned Aircraft Systems (UAS) in February of 2015, the industry has been eagerly waiting to learn what the final rules will be. On Tuesday, June 21, 2016, that wait ended as the FAA announced its final rules for small UAS. Here is the FAA's summary of the final rules and here is the complete text of the rules.
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08.19.2015How Retailers Can Stay Out of Trouble with the CPSC this Holiday SeasonUpdatesRight along with tinsel and eggnog, the annual list of dangerous toys and products issued by consumer watchdogs has become a holiday tradition.
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02.17.2015FAA Proposes Rules for Commercial UAVs; White House Launches UAV Privacy InitiativeUpdatesOn February 15, 2015, the FAA issued its long-awaited notice of proposed rulemaking on small unmanned aerial vehicles (UAVs). Currently, federal law prohibits commercial use of UAVs without advance approval, typically through the so-called Section 333 approval process.
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09.20.2012Who’s Responsible for the Misfit Toys? Strategies for Allocating Risk in a Global EconomyUpdatesRetailers and others in the chain of distribution can and should take steps to reduce their exposure to product liability claims.
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10.14.2011New Peer Reviewed Edition of Reference Manual on Scientific Evidence for Judges ReleasedUpdatesOn September 28, the Federal Judicial Center and the National Academies jointly released the third edition of the Reference Manual on Scientific Evidence (the "Manual"), containing tools for use by judges to manage cases involving complex scientific and technical evidence as part of their responsibilities under Daubert.
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08.26.2010United States: Johnson v. REI – Washington Court of Appeals Agrees to Review Whether the Seller of a Product That Bears the Seller’s Brand Name May Attribute Fault to the Product’s ManufacturerUpdatesIn a move with implications for all retailers that sell products under their own brand names in the State of Washington, Division 1 of Washington's Court of Appeals has agreed to hear an interlocutory appeal in Monika Johnson v. Recreational Equipment, Inc., Case No. 65463-2-1. The court will be asked to reconcile two provisions of Washington product liability law—one that imposes on a product seller the liability of a product manufacturer when the product is marketed under the seller's brand name, and another that allows any party alleged to be at fault for a product user's injury to attribute fault for that injury to another entity.
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01.22.2010Schnall v. AT&T Wireless: Washington Supreme Court Narrows Scope of Consumer Protection Act and Tightens Rules for Certification of Class ActionsUpdatesLong-awaited Washington Supreme Court decision clarifies scope of Washington Consumer Protection Act and Washington's rules for certification of class actions, rejecting plaintiffs' proposed nationwide class against company "headquartered" in Washington.
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12.02.2009Washington Supreme Court Upholds $8 Million Default Judgment for Failing to Follow Discovery RulesUpdatesFailing to comply with the rules of civil discovery can result in serious sanctions. Washington’s Supreme Court recently emphasized just how serious when it upheld, in Magana v. Hyundai Motor America, an $8 million default judgment against Hyundai for violating the discovery rules.
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09.25.2009Federal Preemption of Aviation Safety StandardsLawyer Publications
ABA Forum on Air & Space Law Seminar, Chicago, IL
Presentations
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05.15.2024
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05.18.2023
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05.03.20222022 Product Liability: Case Study and WorkshopSeminarsProduct Liability In-House CLE / Seattle, WA
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10.10.20192019 Product Liability: Case Study and WorkshopSeminarsProduct Liability In-House CLE/ Seattle, WA
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10.04.20182018 Product Liability: Case Study and WorkshopSeminarsProduct Liability In-House CLE / Seattle, WA
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10.04.20172017 Product Liability Case Study and WorkshopSeminarsProduct Liability In-House CLE / Seattle, WA
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10.06.20162016 Product Liability Case Study and WorkshopSeminarsProduct Liability In-house CLE / Seattle, WA
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10.06.20152015 Product Liability Case Study and WorkshopSeminarsProduct Liability In-house CLE / Seattle, WA
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10.09.2014
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10.09.2013 - 10.10.20132013 Product Liability WorkshopSeminarsOver the past 22 years, more than 750 companies have sent employees to a Perkins Coie Product Liability Workshop.
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10.20112011 Product Liability WorkshopSeminarsExperience has taught us that few manufacturers have a comprehensive program to minimize their product liability exposure.
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10.20102010 Product Liability WorkshopSeminarsIn the past 19 years, more than 750 companies have sent employees to a Perkins Coie Product Liability Workshop.
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09.30.2009 - 10.01.2009Product Liability WorkshopSeminarsPlease join us for our 19th Annual Product Liability Workshop. In the last 18 years, more than 750 companies have sent employees to a Perkins Coie Product Liability Workshop.