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Antony B. Klapper

Klapper,AB_web image

Partner

Washington, D.C.

T:
+1 202 414 9302 (Washington, D.C.)
F:
+1 202 414 9299 (Washington, D.C.)
E:
aklapper@reedsmith.com
Vcard

Tony’s practice focuses on products liability, toxic tort and consumer fraud claims, but his litigation experience also includes government contracts, complex business, defamation, and employment litigation. Tony is an experienced litigator with first-chair experience, and has taught for several years trial advocacy courses, including those sponsored by the National Institute of Trial Advocacy and Equal Justice Works.

Prior to Reed Smith, Tony was a partner in the Washington, D.C. office of Kirkland & Ellis LLP. While there, he successfully handled cases in state and federal courts throughout the country for Fortune 10 through Fortune 1000 companies. The products-related matters he litigated included asbestos, lead paint, obesity, tires, automobiles, pharmaceuticals and medical devices.

In addition to advocacy, Tony is a frequent speaker and counselor for clients on risk mitigation practices, including strategies to minimize exposure to products liability and consumer fraud claims and guidance on regulatory compliance, particularly with NHTSA and CPSC regulations.  Tony's more recent counseling activities have included advising companies on issues relating to food contamination, nanomaterials and nanotechnology, marketing and advertising to children, warning labels for products sold domestically and internationally, the new Consumer Product Safety Improvement Act and the TREAD Act.

Tony heads up the Firm’s Food, Import Safety, and Nanotechnology Teams and frequently is retained to assist clients in developing their core science defense.

Tony is a member of the Social and Digital Media Task Force.  He co-authored the Product Liability chapter of the Social Media White Paper entitled "A Legal Guide to the Commercial Risks and Rewards of the Social Media Phenomenon."

Representative Matters

  • Co-national science counsel for major life sciences company facing thousands of asbestos exposure claims.

  • National science counsel for criminal defendant indicted by federal government for alleged environmental crimes.

  • National science counsel for two auto manufacturers defending against over 50,000 asbestos exposure claims.

  • National counsel to major bottler association in developing litigation defense strategy in anticipation of potential obesity-related consumer fraud lawsuits.

  • Lead counsel for major vitamin manufacturer in defending against false labelling and advertising claims.

  • View all...

Publications

  • Co-author, “New Considerations for Nanotech Exposure?” Product Liability Law360 (September 17, 2009)
  • Co-author, "The Next Asbestos? A Primer on Nanotechnology," Workplace HR & Safety (November 2008)
  • Author, "Causation in Court: Working Principles in Toxic Tort Cases," Washington Legal Foundation (October 2008)
  • Co-author, "Analyzing the Consumer Product Safety Act of 2008," Product Liability Law360 (August 20, 2008)
  • Co-author, "Carbon Nanotubes: Canary In The Mine?," Product Liability Law360 (June 20, 2008)
  • Co-author, "Defense-Oriented Trends in Consumer Fraud Claims: The Implications of Hoyte v. Yum! Brands, Inc., 489 F.Supp.2d 24 (D.D.C. 2007)," 13 ABA Consumer & Personal Rights Litigation Newsletter (Winter 2007)
  • Co-author, "Advertising to Kids and Childhood Obesity: The Next Tobacco Litigation?," 13 ABA Consumer & Personal Rights Litigation Newsletter (Winter 2007)
  • Co-author, "Risk Mitigation Strategies For Companies Manufacturing Engineered Nanomaterials: A Products Liability Perspective" Products, General Liability and Consumer Law Committee Newsletter, American Bar Association (Fall/Winter 2007)
  • Co-author, "Risk Mitigation Strategies For Manufacturers of Nanomaterials" Food and Drug Law, Regulation and Education Update, Food and Drug Law Institute (September/October 2007)
  • Co-author, "Marshalling An Effective Defense Amid Wave of Food Contamination Litigation," Food and Drug Law, Regulation and Education Update, Food and Drug Law Institute (July/August 2007)
  • Co-author, "Defending A Food Contamination Case", International Association of Defense Counsel, Defense Counsel Journal, Vol. 74, No. 3 (July 2007)
  • Co-author, “Sweep On, You Fat & Greasy Citizens,” Product Liability Update, Vol. 2, No. 12 (Dec. 2006) (discussing risk mitigation strategies for companies marketing food and beverage products to children)
  • Co-author, “Special to the National Law Journal: Working Together Is Not Just For the Plaintiffs’ Bar,” National Law Journal (Jan. 17, 2005) (discussing efficient ways for companies to handle high volume litigation)
  • Co-author, “Court Acceptance of ‘In-Kind’ Settlements in Consumer Class Actions,” ABA Litigation Section Class Action Newsletter (Fall 1999)
  • Author, “Finding a Right In State Constitutions For Community Treatment Of the Mentally Ill,” 142 U. Pa. L. Rev. 739 (Fall 1993)

Speeches / Presentations

  • "Nanotechnology - What the Life Sciences Industry Needs to Know about Managing its Risks" (webinar, moderated on October 22, 2008)
  • "Nanotechnology: Regulatory and Litigation Update" (moderated at Environmental Law Institute in Washington, D.C. on July 22, 2008)
  • “5th New England International Nanomanufacturing Workshop” (presented at Northeastern University in Boston on June 20, 2007)
  • “Food Contamination: Litigation Challenges and How to Respond" (teleseminar, co-presented on May 31, 2007)
  • “Marketing to Children: The Climate of FTC Subpoenas, Heightened Self-Regulation, and Litigation: Are you Prepared?” (teleseminar, co-presented on May 16, 2007)
  • "NIOSH Workshop on Occupational Health Surveillance and Nanotechnology Workers" (invited participant, April 17-18, 2007)
  • "Nanotechnology: Risk Mitigation Strategies – A Products Liability and Insurance Recovery Perspective" (presented at FDLI's 50th Annual Food & Drug Law Institute and the FDA conference in Maryland on April 13, 2007)
  • "Marketing to Children" (teleseminar co-presented on February 28, 2007)
  • "New Environmental, Health and Safety Developments - The Silver Nanoparticles Case Study" (teleseminar, co-presented on January 16, 2007)
  • “Defending the Popcorn Flavorings Cases” (presented at Harris Martin’s Cutting Edge Toxic Torts Conference in Arizona on December 11, 2006)
  • “Legal Risk Mitigation Strategies for Companies Manufacturing Products with Nanomaterials” (presented at the 3rd International Congress on Nanotechnology in San Francisco on November 2, 2006)
  • “Nanotechnology: A Risky Future” (panel moderator at Harris Martin’s Cutting Edge Toxic Torts Conference in Arizona on December 11, 2006)
  • “Marketing to Children: Issues and Risk Mitigation Strategies - A Case Study in Food Marketing” (teleseminar co-presented on September 28, 2006)
  • “Marketing to Children: An Insider's Perspective into Significant New Developments at the FTC and with NGO's Relating to Target Marketing of Children and Adolescents” (teleseminar co-presented on November 14, 2006)

Experience

2006 Reed Smith
1995 Kirkland & Ellis, LLP, Washington, D.C. – Partner
1994 U.S. Court of Appeals for the Eighth Circuit, Law Clerk to Senior Judge Myron H. Bright

Legal Education

1994 J.D., University of Pennsylvania
The Edwin R. Keedy Award for the most scholarly contribution to the Law Review
The Fred G. Leebron Memorial Prize for the best constitutional law paper
Executive Editor, University of Pennsylvania Law Review

Graduate Education

1991 M.P.A., Princeton University, WWS of Public and International Affairs
Woodrow Wilson Fellowship
Assistant Master, Rockefeller College

Undergraduate Education

1989 B.A., University of Virginia, Political and Social Thought
Phi Beta Kappa
Graduated with High Distinction
Echols Scholar

Professional Affiliations

  • ABA Products Liability Committee -- Food and Dietary Supplement Subcommittee, Member
  • American Bar Association – Litigation Section, Member
  • Defense Research Institute, Member
  • Society of Risk Analysis, Member

Interests

Tony's interests include running, golf, and the Redskins. He has been a Washingtonian for 31 years and is the proud father of three.