PRODUCT LITIGATION, SAFETY AND RECALL
NAVIGATING THE COMPLEX ARENA OF PRODUCTS In a global market where technology is ahead of regulation, where consumer expectation and the demands of regulators to keep consumers safe are greater than ever, where regulatory challenges can result in litigation, where data protection and privacy are easily compromised, managing risk is vital. Whether you manufacture, supply or distribute products onto the market, or sell directly to consumers, your reputation as a business is inherently tied to your products. We understand that you have no greater responsibility than to consumers who use or buy your products. Our team at Addleshaw Goddard has a wealth of experience in advising on all aspects of product safety including liability claims and product recalls. We can help you plan for and manage the entire lifecycle of your products, from testing and launch through to end of life disposal and everything in between. Addleshaw Goddard s sector focus in food and drink, retail and consumer and life sciences, and experience of working with flagship brand owners in those sectors including Britvic, boohoo.com, Diageo, GlaxoSmithKline, Haribo, JD Sports, KP Snacks, Müller, and PZ Cussons, gives us hands-on commercial expertise from which you will benefit. We also have significant experience in other sectors including digital technology, industrials and automotive. An experienced team known for defending product liability claims, particularly in the pharmaceutical, technology and food and drink sectors. Assists clients with product safety matters, including risk assessment, regulatory compliance, prelaunch auditing and product recalls. Particularly adept at representing large corporations, including household-name retailers and manufacturers. CHAMBERS UK 2018 PRODUCT LIABILITY: MAINLY DEFENDANT 1
HOW WE CAN HELP Our approach: clients come first At Addleshaw Goddard, our business is about strong client relationships built on successful delivery across national and international markets. A real meeting of minds. We are a premium business law firm offering an exceptional breadth of services. Our approach combines a deep understanding of our clients businesses, markets and sectors with high calibre expertise, straight-talking advice and a collaborative team culture. By delivering what clients want wherever they need it, from highvalue strategic advice, to the everyday, we pride ourselves on a service which is high quality, focused, relevant and consistently excellent. With litigation lawyers across our offices, we are recognised by independent commentators as one of the leading litigation practices with a strong reputation for our commercial approach to resolving business disputes. A one stop shop You will get a one stop shop solution on product liability and product safety, with a team of experienced criminal and civil litigators who work together to advise on all aspects of a product s lifecycle. From advising on safety audits pre-launch; regulatory compliance; assisting with safety risk assessments; managing product recalls; to defending high profile group and product liability claims at trials; this breadth of experience enables our lawyers to consider the whole picture. We can assess how a recall decision would play out before a judge or a regulator if civil or criminal actions were to follow. 2
Praised for combining commercial awareness with technical expertise, Addleshaw Goddard s Louisa Caswell expertly leads the highly experienced and well-regarded team, which includes legal director and class act Mark Chesher Recently promoted partner Richard Wise is recommended for product liability and policyholder work. THE UK LEGAL 500 2017 PRODUCT LIABILITY: DEFENDANT 3
PRODUCT LITIGATION, SAFETY AND RECALL Our dedicated team of Product Litigation, Safety and Recall lawyers can provide legal support to our clients with respect to each stage of a product s life cycle. Product liability and product recall insurance policies Producer responsibility / waste disposal Product design and testing Safety audits pre-launch Regulatory compliance Reputation management We advise on Review of supplier / distributor contracts Prosecution and regulatory investigations (Trading Standards / HSE) Post-marketing surveillance Consumer / third party claims Corrective actions, incl. product recalls Safety risk assessment 4
We have long-standing experience in advising on all aspects of product safety including liability claims and product recalls in a wide range of sectors including life sciences (pharmaceuticals and medical devices), consumer and retail, and food and drinks. We regularly assist clients at a senior level on product recall issues, including the planning, initiation, implementation and monitoring of corrective actions under RAPEX in Great Britain and Europe. Many of these matters involve reputation management issues. Hip Litigation. We also continue to defend GlaxoSmithKline in the long-running Group Litigation concerning its antidepressant drug Seroxat. We also have experience of dealing with complex multi-party actions outside the GLO regime. We regularly advise clients on international matters, carefully choosing overseas independent law firms who share our specialist strengths and high quality standards. This allows us to select the best product liability lawyers in each jurisdiction to ensure a seamless one-team approach to managing claims, and a consistently first class service on any matter. The team are trusted advisors to a number of major brand owners on all product safety / recall issues, and provide urgent timely advice to assist on recall decisions. They are very good and skilful at handling group litigation - they mop issues up well, their acumen is very strong, and they are able to deal with difficult technical issues about what counts as a defect. We also have extensive experience of handling Group Litigation in both single defendant and multiple defendant claims in the life sciences (both pharmaceuticals and medical devices) sector. Specialist lawyers in our team have acted for defendants in several of the leading product liability Group Litigation Orders to have come before the English Courts, including the MMR Group Litigation, the PIP Breast Implant Group Litigation, and the Metal-on-Metal CHAMBERS UK 2018 PRODUCT LIABILITY: MAINLY DEFENDANT 5
CRIME & REGULATORY, ENVIRONMENTAL AND INSURANCE POLICYHOLDER DISPUTES We also regularly advise on related criminal, reputational, environmental and insurance coverage issues. Crime & Regulatory We have substantial experience in contentious and non-contentious regulatory matters involving health and safety, product liability and food safety. We regularly act for corporate clients facing prosecution and investigation by regulatory bodies including the Police, the Health and Safety Executive, the Food Standards Agency, the Fire & Rescue Service and Local Authorities / Trading Standards. Addleshaw Goddard s excellent team is led by the extremely able Erin Shoesmith, who is regularly called on to assist corporate clients and individuals facing prosecution or investigations by the police, HSE and other authorities. THE UK LEGAL 500 2017 HEALTH & SAFETY 6
Environmental Our Environment team provides a full spectrum of advice on all aspects of civil and regulatory environmental disputes including contaminated land and environmental permitting as well as producer responsibility, waste, and climate change issues. Formal regulatory investigations and prosecutions by environmental regulators are often unpredictable and one-off incidents requiring a quick response. We assist clients in putting in place effective strategies to manage such investigations and provide support and representation during enforcement action and prosecutions. We also regularly advise our clients on their obligations under the REACH (Registration, Evaluation, Authorisation and Restriction of Chemicals) regulation. Policyholder disputes We also have extensive experience in product liability and product recall policyholder insurance claims in a wide range of sectors including retail and consumer, pharmaceuticals and health, and in handling insurer coverage disputes, some worth hundreds of millions of pounds. Our aligned product litigation, safety and recall and insurance teams act for clients on product liability and product recall issues and, for those same clients, as policyholder in claims against insurers. Strong practice with a full-service offering and extensive expertise in regulatory matters. Regularly called upon to advise on highly contentious cases and questions of environmental liability. Also sought for advice on the environment law implications of corporate and commercial transactions. Assists a broad client base including several household names. Very customer-orientated and very commercial they don t just pass down bits of legal knowledge without context, but give you real world advice. CHAMBERS UK 2017 INSURANCE: MAINLY POLICYHOLDERS CHAMBERS UK 2018 ENVIRONMENT 7
They are a very thorough firm - they really think about the issues and are very precise with respect to their legal advice. CHAMBERS UK 2018 PRODUCT LIABILITY: MAINLY DEFENDANT 8
EXPERIENCE YOU CAN TRUST Assisting a global toy manufacturer and retailer in a series of European recalls under RAPEX and representing the company in an investigation by Trading Standards Advising a FTSE 100 company in relation to product safety issues arising pre-launch in relation to innovative electrical goods Advising a major brand owner in relation to a high profile product recall and all consequential issues arising from the recall, including related claims against suppliers Advising a European furniture manufacturer in relation to potential breaches of safety legislation in relation to product marketing in the EU Advising a global fashion online retailer in connection with the safety of its products, including jewellery, sunglasses, children s nightwear and leather clothing Advising a consumer products manufacturer on issues arising out of problems with the installation of a new high tech cutting edge production line Acting for a household goods manufacturer subject to a trading standards investigation relating to the disposal of recalled goods which a third party put back in circulation Advising a high street retailer of children s toys on its obligations in respect of the Batteries Regulation and WEEE Acting for a FTSE 100 pharmaceutical company in three Bermuda Form arbitrations against its insurers in relation to its product liability coverage for third party claims arising from allegedly defective products Acting for an American baby-food manufacturer in relation to insurance coverage for accidental product contamination following a product recall Advising a UK soft drinks producer in relation to its notification requirements and coverage position in relation to a product recall. 9
MEET THE TEAM Core team LOUISA CASWELL Partner, Litigation Head of Product Litigation 020 7788 5174 07894 251 121 louisa.caswell@addleshawgoddard.com MARK CHESHER Legal Director, Litigation 020 7788 5146 07738 843 664 mark.chesher@addleshawgoddard.com CÉCILE BURGESS Managing Associate, Litigation 020 7160 3299 07864 602 513 cecile.burgess@addleshawgoddard.com The extraordinarily impressive Louisa Caswell is an experienced commercial litigator... Clients appreciate that she s brought to bear real authority and presence and her litigation is just invaluable. CHAMBERS UK 2017 PRODUCT LIABILITY: DEFENDANT Bright, hardworking and committed Legal Director Mark Chesher is recommended. THE UK LEGAL 500 2016 PRODUCT LIABILITY: DEFENDANT Well regarded Managing Associate Cécile Burgess is named as a next generation lawyer for product liability. THE UK LEGAL 500 2017 PRODUCT LIABILITY: DEFENDANT 10
Wider team RICHARD WISE Partner, Litigation Head of Insurance Disputes 020 7160 3255 07779 663 701 richard.wise@addleshawgoddard.com ERIN SHOESMITH Legal Director, Product Safety / Health & Safety 0161 934 6554 / 020 7160 3117 07738 023 333 erin.shoesmith@addleshawgoddard.com MICHELLE HEADRIGE Legal Director, Environmental 0161 934 6492 07775 586 472 michelle.headrige@addleshawgoddard.com Has a very strong awareness of client needs and priorities. THE UK LEGAL 500 2017 INSURANCE LITIGATION: FOR POLICYHOLDERS Clients praise her as absolutely brilliant noting that she has a balance of commercial need and client concern. CHAMBERS UK 2017 HEALTH & SAFETY 11 Michelle Headrige is highly esteemed for her work with manufacturing and waste sector clients. Sources say: The way she negotiates is really refreshing and impressive, while clients appreciate her quick, accurate and tailored advice. CHAMBERS UK 2018 ENVIRONMENT
12
addleshawgoddard.com Aberdeen, Doha, Dubai, Edinburgh, Glasgow, Hong Kong, Leeds, London, Manchester, Muscat, Singapore and Tokyo* * a formal alliance with Hashidate Law Office 2017 Addleshaw Goddard LLP. All rights reserved. Extracts may be copied with prior permission and provided their source is acknowledged. This document is for general information only. It is not legal advice and should not be acted or relied on as being so, accordingly Addleshaw Goddard disclaims any responsibility. It does not create a solicitor-client relationship between Addleshaw Goddard and any other person. Legal advice should be taken before applying any information in this document to any facts and circumstances. Addleshaw Goddard is an international legal practice carried on by Addleshaw Goddard LLP (a limited liability partnership registered in England & Wales and authorised and regulated by the Solicitors Regulation Authority and the Law Society of Scotland) and its affiliated undertakings. Addleshaw Goddard operates in the Dubai International Financial Centre through Addleshaw Goddard (Middle East) LLP (registered with and regulated by the DFSA), in the Qatar Financial Centre through Addleshaw Goddard (GCC) LLP (licensed by the QFCA), in Oman through Addleshaw Goddard (Middle East) LLP in association with Nasser Al Habsi & Saif Al Mamari Law Firm (licensed by the Oman Ministry of Justice) and in Hong Kong, Addleshaw Goddard (Hong Kong) LLP, a Hong Kong limited liability partnership pursuant to the Legal Practitioners Ordinance and regulated by the Law Society of Hong Kong. In Tokyo, legal services are offered through Addleshaw Goddard s formal alliance with Hashidate Law Office. A list of members/principals for each firm will be provided upon request. The term partner refers to any individual who is a member of any Addleshaw Goddard entity or association or an employee or consultant with equivalent standing and qualifications. If you prefer not to receive promotional material from us, please email us at unsubscribe@addleshawgoddard.com. For further information please consult our website www.addleshawgoddard.com or www.aglaw.com. ADD.GOD.197 11728