Products: Class Action, Trade & Industry Representation

We protect and preserve your brand, product and reputation with our deep industry experience and proven trial lawyers—in and out of the courtroom.

Our Approach

Protecting our clients and their products is our highest priority.

Companies that make products come to our team to avoid disputes or resolve them quickly in order to get back to business.

With a deep understanding of your business and industry, we partner with you proactively to review industry standards and government regulation compliance. We advise on improvements in product testing, warnings and recordkeeping to reduce ongoing litigation and avoidance of future lawsuits.

Litigation is expensive and unpredictable.

Our team controls costs without compromise. We begin with an early case evaluation to form an educated assessment of litigation risks. We staff our cases efficiently using scalable teams and employ state-of-the-art case management tools.

We know how to talk to juries and have the experience to jump in and handle a client’s case at a moment’s notice, regardless of the subject matter.

With extensive experience in class action, multijurisdictional and multidistrict litigation, we have successfully tried high-exposure cases to verdicts in some of the most challenging venues across the country. We are recognized by general counsel in the BTI Litigation Outlook 2016 as one of the top three “powerhouse” firms for product liability litigation.

Our full-service 24/7 Crisis Response team guides clients through accident investigations and high profile crises.

Who we work with

Product manufacturers of every kind including those in the following industries:

  • Pharmaceutical and Medical Device/Life Sciences
  • Aviation
  • Petro-chemical
  • Energy
  • Food, Beverage & Agriculture
  • Industrial & infrastructure products and services
  • Power systems products and services

CPSC's rare 10th Circ. loss gives boost to magnet industry

Law360 | November 29, 2016

This story is about a Tenth Circuit decision to vacate the Consumer Product Safety Commission’s (CPSC) ruling on small, high-powered magnets.  Long Island commercial litigation partner Jim Weller is quoted discussing how challenging it can be for a company to take on a high-powered government agency.

Why even insured businesses should beware TCPA violations

Law360 | November 08, 2016

Albany commercial litigation associate Leah Bojnowski authored this column about how the Third Circuit recently held that a business’s commercial general liability insurance policy does not cover a TCPA settlement and the implications this has for business owners.

Product Liability Regulation & Legislation: Midyear Report

Law360 | July 30, 2016

Buffalo commercial litigation associate Tracey Scarpello is quoted in this piece discussing FDA labeling with regard to nutritional facts and regulations under the Food Safety Modernization Act.

Wearable Fitness Tracking Devices: The Resolution of Claims

Product Liability Law & Strategy | April 01, 2016

The first installment of a two-part column authored by New York City partners Chris Mason and Kristin Jamberdino deals with the timely issue of resolving claims centered upon fitness trackers and other personal monitoring devices.

Colo. Court Further Affirms Design Defect Preemption

Law360 | January 07, 2016

New York Commercial Litigation associate Paul Stinson explains the precedent set in Colorado that will be of value for aviation defendants who find themselves litigating in forums that recognize federal preemption of the field of aviation safety.

Ascertaining Potential Plaintiffs

Product Liability Law & Strategy | December 01, 2015

Buffalo Commercial Litigation partner Vivian Quinn and Buffalo Commercial Litigation associate Tracey Scarpello authored this column “ascertainability” developments to watch as the issue in all likelihood winds its way to the United States Supreme Court.

3 Firms Are GCs' Top Picks For Product Liability Litigation

Law360 | September 21, 2015

In the BTI Litigation Outlook 2016, Nixon Peabody is named as one of three powerhouses in product liability litigation. The recognition is based on a survey of general counsel and highlights firms with long histories of success in the practice area and reputations for developing big-picture strategies for their clients. Litigation department co-chair Scott O’Connell is quoted within the piece.

Post-Daimler Decisions Confirm the High Bar for General Jurisdiction over Product Manufacturers

TerraLex Connections | July 15, 2015

This column discusses a survey of lower court decisions in the sixteen months since the Supreme Court's decision in Daimler AG v. Bauman. This survey confirms that courts are applying a high bar with more uniform results as to when general jurisdiction will be found. Partner and co-leader of the Commercial Litigation practice Joe Ortego, San Francisco Commercial Litigation partner Eric Strain and New York City Commercial Litigation associate Zack Stillings co-authored the piece.

Nixon Peabody Associate Sees Drone Practice Take Wing

The Recorder | June 15, 2015

This feature Q&A highlights efforts by San Francisco commercial litigation associate Cameron Cloar-Zavaleta to secure FAA permission for clients for commercial drone use.

Reform Near for Chemicals Law

Buffalo Law Journal | May 25, 2015

Buffalo Commercial Litigation partner John Weinholtz is featured throughout this article discussing potential future updates to the Toxic Substances Control Act.

Drones Fly into Hollywood

Daily Journal | September 26, 2014

San Francisco Commercial Litigation associate Cameron Cloar is quoted in this story on the Federal Aviation Administration’s recent decision to grant the use of drones by select photo and video production companies.

Amazon Drone-Testing Petition Seen As Key Milestone for Emerging Market

Bloomberg BNA | August 06, 2014

San Francisco Commercial Litigation associate Cameron Cloar provides commentary on Inc.'s efforts to expand testing of drones for package delivery and the broader implications of this.

Courts Line Up Behind 3rd Circ.'s Ascertainability Logic

Law360 | July 25, 2014

Buffalo Commercial Litigation associate Tracey Ehlers, Buffalo Commercial Litigation partner Viv Quinn, and Chicago IP Counseling & Transactions partner Janet Garetto discuss federal courts’ increased attention to the ascertainability of class members especially in the food and beverage industries where consumers do not typically retain receipts.

Bloom Sworn in as Bar Association President

Buffalo News | June 13, 2014

Buffalo Commercial Litigation counsel Laurie Bloom is featured in this article noting the new leadership of the Erie County Bar Association. Laurie is the 108th president of the Association.

Food Labeling Claims: Differing Approaches

Product Liability Law & Strategy | June 01, 2014

Buffalo Products: Class Action, Trade & Industry Representation partner Viv Quinn and associate Tracey Ehlers authored this column discussing how courts are deciding whether and on what basis to certify class actions involving food and beverage products.

"Drone Law" Becomes Big Business

FORTUNE | April 09, 2014

San Francisco Products: Class Action, Trade & Industry representation associate Cameron Cloar provides commentary in this feature article on how law firms are responding to the drone industry.

Proposal on Privilege Logs Seeks to Trim Costs, Save Time

Commercial Litigation Insider | April 04, 2014

Rochester Products: Class Action, Trade & Industry Representation partner David Tennant is quoted in this feature article on the proposed rule issued by the Office of Court Administration that would modify privilege log practice in the Commercial Division to streamline the process and ease the burden and costs on litigants. David co-authored the amendment.


Joseph J. Ortego

Practice Group Co-Leader, Commercial Litigation
Chair, NP Trial®
Chair, Aviation Practice

Phone: 212-940-3045

Vivian M. Quinn

Deputy Chair, Litigation Department
Deputy Practice Group Leader, Products: Class Action, Trade & Industry Representation

Phone: 716-853-8134

  • Recognized by U.S. News-Best Lawyers 2016 as a national Tier 1 leader for Mass Tort Litigation/Class Actions—Defendants
  • BTI Litigation Outlook 2016
  • BTI Litigation Outlook 2015 Report
    • One of 11 standout product liability litigation firms nationwide
  • Legal 500
  • Benchmark: Litigation/Appellate
  • LMG Life Sciences – Product Liability
Back to top