Products Litigation & Counseling

Companies facing products liability and mass tort litigation require experienced counsel with a sophisticated, multi-disciplinary practice. At the same time, the stakes for corporate defendants have grown to “bet the company” magnitude in many instances. Companies in these situations count on Goodwin to ensure their interests are optimally protected.

Our Products Litigation and Counseling lawyers combine extensive medical, scientific and engineering expertise with sophisticated litigation management and trial strategies. For more than 40 years, we have defended makers of pharmaceuticals and medical devices, building materials, food and dietary supplements, recreational equipment, petroleum, industrial machinery and other products, against national mass tort actions. Our lawyers have also litigated a host of other high-profile products, mass tort and class action cases, including those involving manufacturing processes and alleged chemical and environmental exposures.

Our Products Litigation and Counseling lawyers are well-known for successfully litigating and trying high-stakes cases. Our teams serve as national and lead industry counsel, supervise local counsel, coordinate multidistrict litigation and develop nationwide and multinational defense strategies. We are also well-versed in matters relating to manufacturing processes and alleged chemical and environmental exposures.

We pursue novel approaches – in motion practice, in settlement negotiations, and at trial – to achieve outcomes that favor our clients’ immediate as well as long-term interests. While we’ve resolved complex, multibillion-dollar disputes quickly and efficiently, we’re trial lawyers at heart, not afraid to take aggressive positions and win with a jury when we and our clients believe it’s the best approach.

An integral part of our practice is helping clients avoid costly and uncertain litigation. In addition to our courtroom capabilities, we routinely counsel clients on products liability/mass tort exposure and risk management and prevention. We use the full range of alternative dispute resolution techniques including mediation, arbitration and mini-trials. We also advise on warranties, warnings, labeling, product literature, product recalls, M&A due diligence, liability projections and modeling, and CPSC adverse event reporting. Our lawyers review product claims and warranties and counsel clients on how to minimize risks under state consumer protection statutes.

Due diligence presents another opportunity to protect clients by reducing risk. We know what to look for and help determine when an acquisition target might become a liability instead of a sound investment. We do more than identify significant potential exposure. By working closely with colleagues in our Business, Tax and Bankruptcy practices, our products team creates corporate structures to guard against future product liability claims.