Insurance | 01 July 2012

The PIP breast implant affair will be a case study in the product liability context for many years to come. Two significant reports on the matter have been published recently. Sarah Croft of Shook, Hardy & Bacon International LLP considers the conclusions drawn and possible ramifications for future litigation and the regulation of medical devices.

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Technology, Media and Telecoms | 01 June 2012

Product recalls often take businesses by surprise. A suspected safety risk in a product will need immediate attention and your business will be at risk if it does not have a comprehensive, effective and up-to-date recall system in place.

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Technology, Media and Telecoms | 01 May 2012

While the use of nanomaterials continues to grow, for some, concerns remain regarding the potential risks of using these materials and whether there is an adequate regulatory framework. Following up on an article published in The In-House Lawyer in May 2012, Sarah Croft, of Shook Hardy & Bacon International, assesses developments in the regulatory environment for nanomaterials and considers the product liability implications for manufacturers using them.

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Corporate and commercial | 01 March 2012

2012 began with news coverage of the PIP breast implants matter, throwing up an interesting mix of issues, including regulation of medical devices, the assessment of risk, criminal proceedings abroad, what constitutes a defective product and contract issues. There is already litigation underway in some jurisdictions, with perhaps more to follow. How these questions are resolved will colour the debate on other issues related to product liability over the coming months.

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Dispute resolution | 01 December 2011

In-house lawyers handling complex product liability litigation in the US are likely to have to deal with extensive discovery exercises. The plethora of electronic devices used by businesses these days means that costs of electronic discovery (e-discovery) can be significant and substantial resources are required to manage the process.
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Dispute Resolution | 01 November 2011

Companies with international markets can find themselves defending product liability claims in any of the countries in which their products are sold. As sales expand into emerging markets, major brands are finding that they are increasingly vulnerable to liability exposure in obscure jurisdictions, particularly where there may be lax regulation or supply chain issues. [Continue Reading]

Arbitration | 01 October 2011

Any manufacturers exporting products directly into the US accept the litigious culture as a commercial fact of life. In fact, some manufacturers make a conscious decision not to sell into the US for that very reason. But manufacturers outside the US are still at risk of litigation if the products they make end up there, whether by distribution by others or as a component in another product. [Continue Reading]

TMT | 01 September 2011

Whilst few product recalls grab the headlines in the way of Toyota’s worldwide recall of millions of Prius and other vehicles, product recalls are happening all the time as can readily be seen from newspapers, store advertisements, government agency announcements and a variety of other media. Barring rare cases of malicious tampering, each recall represents a breakdown of risk management, whether in design, manufacture or packaging, in communicating necessary information about the product’s characteristics, or in foreseeing ways in which a product might be innocently misused. [Continue Reading]