Watch the webinar on demand from the above link.
Important CLE information: This event is presumptively approved for 4.25 general and 1.0 ethics credit in California, Connecticut, Illinois, Texas and West Virginia, 5.1 general and 1.2 ethics credit in New Jersey, 5.0 general and 1.0 ethics in New York and 4.0 general and 1.0 ethics in Pennsylvania. Applications for CLE credit will be filed in Delaware, Florida, Ohio, and Virginia.
You be the judge: ethics edition
Join us for a fun, interactive game that will test your knowledge of legal ethics rules surrounding e-discovery. We will present relevant facts from several recent cases. For each case, you will be presented with key e-discovery ethical questions faced by the judge. Your role is to decide how the judge ruled – or should have ruled!
Presenters:
- David Cohen, Partner, Pittsburgh
- Mildred Segura, Partner, Los Angeles
Challenges in digital health and AI: current regulatory and product liability landscape and preparing for what’s ahead
Companies operating in the digital health, artificial intelligence and machine learning space have quickly appreciated that the sophistication and technology involved in their products is light years ahead of the laws and regulations intended to govern them. This disparity is evident in how these products are regulated by the FDA, how these companies commercialize their products and offerings, and how their products can be used in the provision of health care services. Our panel discussion will provide an overview of the current regulatory framework in place, including recent updates from FDA, as well as the current product liability legal landscape, including what we think is ahead for this segment of the industry, which is expected to experience continued explosive growth in the next decade.
Presenters:
- Cori Annapolen Goldberg, Partner, New York
- Mildred Segura, Partner, Los Angeles
- Sung Park, Counsel, Washington, D.C.
Current developments in OTC product liability litigation
Plaintiffs’ counsel seem to be increasingly setting their sights on the OTC segment of the pharmaceutical industry, where the Learned Intermediary Doctrine does not serve as a barrier, where vast use of OTC products expands the range of potential plaintiffs, and where litigation can target well-known prescription drug parent companies. Related consumer fraud/economic loss claims also regularly abound. This session will provide an overview of recent developments and interesting decisions in this sector, examine the unique challenges of defending these sorts of claims, and highlight some successful defense strategies.
Presenters:
- Stephen McConnell, Partner, Philadelphia
- Shana Russo, Partner, Princeton
- Alexandra Hussey, Associate, Washington, D.C.
Preemption in perspective: A balanced review of preemption issues affecting drugs, medical devices, and vaccines as 2023 draws to a close
Preemption remains the most powerful defense in prescription medical product liability litigation. This year’s presentation explains significant preemption-related developments over the last 12 months, both favorable and unfavorable. Learn why this year’s most important preemption decision for product liability litigation involving FDA-regulated drugs (including OTC and generics), medical devices, and vaccines did not involve any of these products. Our emphasis is practical – how preemption can win cases in litigation – but the presentation will also discuss the Supreme Court’s evolving preemption framework.
Presenters:
- Jim Beck, Senior Life Sciences Policy Analyst, Philadelphia
- Jennifer Eppensteiner, Counsel, Princeton
Product liability expansion: new plaintiff theories and effective defenses
This session will cover:
- Attempts to expand warnings and design defect claims
- Expanded negligence claims and involved, expansive discovery from third-party suppliers
- An overview of plaintiffs’ counsel’s use of public nuisance claims
- The potential new “duty to innovate” under consideration in the California courts
Presenters:
- Joseph Mahady, Partner, Philadelphia
- Heather Ritch Rocks, Partner, Philadelphia
- Sarah Johansen, Associate, San Francisco
Forewarned is forearmed: product risk assessments, early case assessments, and other protective measures
Product risk assessments, early case assessments, and other mitigation strategies are important tools for life sciences companies seeking ways to identify costly liabilities and reduce risk before potential problems become front page news. This session will:
- Provide an overview of these tools and their goals and focuses
- Discuss when they can most advantageously be implemented
- Share case studies and associated learnings derived from actual assessments
- Provide best practices companies can implement going forward to mitigate product liability risk
Presenters:
- Elizabeth Brandon, Partner, Dallas
- Melissa Geist, Partner, Princeton
- Janet Kwuon, Partner, Los Angeles
