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.
Product manufacturers of every kind including those in the following industries:
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
Bloomberg BNA | August 06, 2014
San Francisco Commercial Litigation associate Cameron Cloar provides commentary on Amazon.com Inc.'s efforts to expand testing of drones for package delivery and the broader implications of this.
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.
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.
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.
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.
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.
Bloomberg BNA Daily Report for Executives | March 17, 2014
San Francisco Products: Class Action, Trade & Industry Representation associate Cameron Cloar authored this column discussing recent changes to the regulation of commercial pilot training, certification and employment that may lead to significant transformation of airlines’ business models and the industry as a whole.
San Francisco Chronicle | March 15, 2014
San Francisco Products: Class Action, Trade & Industry Representation associate Cameron Cloar discusses San Francisco startup, QuiQui, which plans to use drones to deliver drugstore products.
Washington Post | March 05, 2014
San Francisco Products: Class Action, Trade & Industry representation associate Cameron Cloar, a former pilot for a national airline, discusses Facebook’s interest in drones.
Asbestos Litigation Alert | 12.09.16
Products Litigation Alert | 05.26.16
Class Action Alert | 05.11.16
Commercial Litigation Alert | 01.19.16
Aviation Law Alert | 04.15.15
Products Alert | 01.22.15
Export Controls & Economic Sanctions Alert | 12.18.14
Food Safety and Litigation Alert | 07.16.14
01.21.16 | Los Angeles, CA
Practice Group Co-Leader, Commercial Litigation
Chair, NP Trial®
Chair, Aviation Practice
Deputy Chair, Litigation Department
Deputy Practice Group Leader, Products: Class Action, Trade & Industry Representation