Our attorneys are experienced in successfully resolving high exposure product recalls. Involving our team early can help you conserve limited resources as you work through your investigation, root cause analysis, and development of communications and corrective action plans. Our goal is first to minimize the exposure and reputational risk to the company and to reduce the potential for collateral litigation. We work to streamline the process, identify possible disputes with customers or suppliers, and avoid costly and disruptive litigation. If a recall is part of your corrective action plan, we can help in your interactions with government agencies involved in overseeing the recall, formal notification process, public relations plan, and implementation and management of the recall. We have significant experience with insurance products that provide coverage for product recalls and can address any coverage disputes and provide advice on procuring such insurance.
How We Can Help
We routinely work with our clients on:
- Business to business recalls—disputes between businesses in the chain of distribution, including responsibility for the defect in the product, the scope and division of responsibility for the corrective action plan, responsibility for third party claims, and responsibility for the recall expenses.
- Business to consumer recalls—through distribution and retail outlets to the consumer level, including interactions with government agencies, distributors, retailers, and consumers.
What Sets Us Apart
Recalls are complicated, multifunction engagements. Our attorneys have experience handling all of the disparate aspects of a product recall, including:
- Negotiating agreements between product manufacturers for joint root cause analysis and corrective action plans;
- Negotiating recall expense sharing agreements and settlement agreements;
- Drafting recall notices and developing communications plans; and
- Drafting and managing initial and follow-up reporting obligations to federal agencies, including the Consumer Product Safety Commission (“CPSC”), National Highway Traffic Safety Administration (“NHTSA”), and Food and Drug Administration (“FDA”).
Importantly, we have insurance coverage lawyers who will work to maximize recoveries from applicable insurance policies, including business interruption coverage, specific recall insurance coverage and other types of coverages.