Jacobson and Casini Moderate ALFA International Products Liability Panels at Seminar

Attorneys Matt Jacobson and Jay Casini were moderators at the ALFA International Products Liability and Complex Torts Seminar in Stowe, Vermont.

When no good deed goes unpunished - the conundrum surrounding making "safety devices" optional

Jacobson served as the co-moderator of the "When No Good Deed Goes Unpunished - The Conundrum Surrounding Making "Safety Devices" Optional" panel. Panelists discussed how technological advancements can make powered pieces of equipment more useful and, in some instances, arguably safer for certain applications. However, customer demand for such changes often lags behind product advancements. In many cases, manufacturers present the new technologies as “optional.” In product litigation, a Plaintiff frequently bears the burden of proving the existence of a reasonable alternative design which would have either prevented the injury or lessened the chance of injury. Where a Plaintiff’s injury could have been prevented by the inclusion of the “optional” product improvement, a Plaintiff may argue the “optional” improvement should have been the “standard” design. This panel addressed the conundrum facing product manufacturers when deciding whether new technology can be made “optional” when the technology arguably makes the equipment safer. Panelists provided an analysis of existing case law addressing this issue, identify factors to consider when making “safety devices” optional, and offer practical guidance with respect to defending cases where a manufacturer’s own design is being used against them.

"I Wish The real world would just stop hassling me - dealing with regulators"

Casini served as the co-moderator of the "I Wish the Real World Would Just Stop Hassling Me—Dealing with Regulators" panel with general counsel from Pactiv Evergreen and The J.M. Smucker Company.  The panel discussed how ALFA International manufacturing and retail clients and their in-house and outside counsel frequently need to work with federal, state and local regulators in a variety of contexts including agency subpoenas and inquiries, incident investigations, public records requests, product recalls and safety campaigns and at times litigation. Using real world examples, the panel discussion focused on effective tactics and techniques for mitigating the risk of and responding to government investigations, including developing robust compliance programs, establishing clear chains of internal and external communications and effective strategies for working (or arguing) with government agencies.

For more information 

To learn more about ALFA International PLCT seminar, visit their website.