Background - Practices (Details)

Product Risk Management

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Media Mentions

Crumb Rubber Athletic Fields
March 1, 2017 — EduRisk's Prevention and Protection Podcast
Featured Professionals: William L. Anderson

Ninth Circuit Uneasy About a Higher Bar for Ascertainability
September 12, 2016 — The Recorder
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Cyberattacks Have Yet to Hurt Health Care's Bottom Line
September 12, 2016 — Politico
Featured Professionals: John Fuson

The 24 Firms GCs Love the Most
June 28, 2016 — Law360

Inside the 'Messy Brew' of Product Safety Penalties
June 20, 2016 — The National Law Journal
Featured Professionals: Cheryl A. Falvey

Insights From the Women of Cybersecurity
Spring 2016 — American Bar Association

CPSC Chief’s Recent Statements Don’t Calm Companies’ Concerns about Civil Penalties
March 15, 2016 — Bloomberg BNA
Featured Professionals: Cheryl A. Falvey

Crowell Adds Product Liability Defense Pro In Calif.
January 25, 2016 — Law360

Crowell Hires from FTC Chairwoman's Office
March 3, 2015 — Global Competition Review

Washington, D.C.-based Antitrust Group senior counsel, Lisa Kimmel, is interviewed by Global Competition Review (GCR) about her recent arrival to Crowell & Moring. Kimmel, who was most recently an advisor to Federal Trade Commission chairwoman Edith Ramirez, told GCR that she expects her economics and federal agency background to contribute to her new role at the firm. "Economics provides the lens for analyzing antitrust matters and it's often the battleground on which cases are fought," Kimmel said.

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Featured Professionals: Lisa Kimmel, Ph.D.

FTC, Private Sector Lock Horns Over Consumer Data Protection
February 25, 2015 — E-Commerce Times

Washington, D.C.-based partner and co-chair of the firm's Advertising & Product Risk Management Group, Christopher A. Cole, speaks to E-Commerce Times regarding recent Federal Trade Commission (FTC) data breaches. In the case of FTC v. Wyndham Worldwide, Wyndham is charged with violating the FTC Act by claims their privacy policy misrepresented the security measures the company had in place with a failure to safeguard personal information. Wyndham is fighting back, arguing the fundamental legal authorities the FTC relies on to protect consumer privacy. One of these authorities is the 'unfair practice' provision of the FTC Act which Cole says is an issue "that has ramifications far beyond data security, and it would be a major blow to the FTC if the court placed significant constraints on the FTC here."

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Featured Professionals: Christopher A. Cole

Minority Powerbrokers Q&A: Crowell & Moring's Elliott Laws
January 5, 2015 — Law360

Elliott Laws, a Washington D.C.-based partner in the firm's Government Affairs and Environment & Natural Resources groups, shares his perspective on five questions about his own experiences breaking the glass ceiling in the legal industry. He also offers insight on the importance of diversity within law firms, and advice for firms looking to increase diversity within their ranks.

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Featured Professionals: Elliott P. Laws

Food & Beverage Cases to Watch In 2015
January 2, 2015 — Law360

Washington, D.C.-based Advertising & Product Risk Management Group partner John Fuson discusses one of the key food and beverage cases of 2015, Grocery Manufacturers Association et al. v. Sorrell et al, and its potential implications on federal legislation to regulate Genetically Modified Organism (GMO) labeling. "That is a really big thing to watch," Fuson said. "To some extent because that’s going on, and because other states have certainly considered so-called GMO labeling, two different bills have been introduced nationally to deal with GMO labeling."

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Featured Professionals: John Fuson

Life Sciences Cases to Watch In 2015
January 2, 2015 — Law360

Washington, D.C.-based partners, Terry Rea, of Crowell & Moring's Intellectual Property Group, and Keith J. Harrison, of the firm's Labor & Employment and Litigation groups, weigh in on two important cases in the life sciences arena. Harrison discusses Teva Pharmaceuticals USA, Inc.'s challenge of a California appellate decision that a generic-drug manufacturer can be held liable for failing to warn consumers of the side effects listed on the equivalent brand-name drug, which may potentially be taken up by the U.S. Supreme Court. "This is going to be a case that is going to further define the scope of federal preemption," Harrison said. Additionally, Rea talks about the Cuozzo Speed Technologies LLC suit, which argues that the Patent Trial and Appeal Board uses the incorrect standard during America Invents Act (AIA) proceedings, making it difficult for inventors to retain their patents. "Everybody is going to be very, very careful how they handle this [case]," Rea said of the suit, which may upend new IPR standards.

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Featured Professionals: Keith J. Harrison, Terry Rea

Life Sciences Legislation and Regulation to Watch In 2015
January 2, 2015 — Law360

John Fuson, a Washington, D.C.-based partner in Crowell & Moring's Advertising & Product Risk Management Group, discusses potential legislative changes in the life sciences sector in the upcoming year, including a possible repeal of the Affordable Care Act Medical Device Tax. Fuson also discusses the FDA's intent to regulate laboratory developed tests, noting, "This is a segment of the health care industry that has resisted oversight from the FDA. I'm sure that the agency is going to get a lot of feedback."

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Featured Professionals: John Fuson

What To Remember When Creating a Product Safety Compliance
August 19, 2014 — PPAI Publications

Washington, D.C.-based partner and co-chair of the firm's Advertising & Product Risk Management Group, Cheryl A. Falvey, was a featured luncheon speaker at Promotional Products Association International's Product Safety Summit. Falvey's keynote presentation provided her audience with a few of the basics toward building a scalable compliance program for their companies and began by defining what that entails. "The policy needs to be a living, breathing commitment," she advised, "and should lay out your commitment, define your responsibility including who and how, and define legal compliance. You'll need to monitor products out in the marketplace that should be reported to the government." Falvey continued, providing many key points and elements to help companies achieve an ideal compliance program.


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Featured Professionals: Cheryl A. Falvey

Governance, Risk & Compliance Trailblazers & Pioneers 2014, Cheryl Falvey
July 28, 2014 — National Law Journal

Cheryl A. Falvey, a Washington, D.C.-based partner and co-chair of the firm's Advertising and Product Risk Management Group, is featured as one of the NLJ’s "2014 Governance, Risk & Compliance Trailblazers & Pioneers." The National Law Journal highlights the experience Falvey gained as general counsel of the Consumer Product Safety Commission, as well as her outlook for the bright future ahead for consumer safety.


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Featured Professionals: Cheryl A. Falvey

BNA Snapshot: CPSC Director Kaye Nominated as Chairman; Served as Tenenbaum Counsel, Chief of Staff
March 28, 2014 — BNA

When asked about the recent nomination of Elliot F. Kaye to CPSC commissioner and chairman, Washington, D.C.-based partner, and former CPSC general counsel, Cheryl Falvey, tells BNA that "Kaye is strongly 'committed to the mission" of the agency and worked very hard on some important issues when she was there.'" Additionally, she notes that "Kaye approached some recall issues 'with a problem-solving perspective, which I think is actually good for all the stakeholders. 'He has the consumers' interests at heart; he also wants to find a way to get to yes. '"


Featured Professionals: Cheryl A. Falvey

Consumer Protection Regulation To Watch In 2014
January 1, 2014 — Consumer Protection Law360

Cheryl A. Falvey and Christopher A. Cole, co-chairs of Crowell & Moring's Advertising & Product Risk Management Group, spoke with Consumer Protection Law360 about the regulations to watch in 2014. They discussed the areas of debt collection reform, financial advertising, and data security and the "Internet of Things."


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Featured Professionals: Christopher A. Cole, Cheryl A. Falvey

CPSC Proposal Risks Delaying Recalls, Alienating Companies
November 15, 2013 — Corporate, International Trade, Product Liability, and Public Policy Law360

Co-chair of the firm's Advertising and Product Risk Management Group, Cheryl Falvey, talks with Law360 about the U.S. Consumer Product Safety Commission's (CPSC) new proposal to make voluntary recall agreements legally binding. She describes how the current "balance" with the CPSC is going to change, and that companies may now have to worry about, "the effect a legally binding agreement could have on future product liability litigation." Falvey served as CPSC general counsel under both the Bush and Obama administrations.


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Featured Professionals: Cheryl A. Falvey

Shutdown Threatens To Keep Product Safety Rules On Shelf
October 17, 2013 — Life Sciences, Product Liability and Public Policy Law360

Cheryl A. Falvey, a Washington, D.C.-based partner and co-chair of the firm's Advertising and Product Risk Management Group, comments on the lasting impact the government shutdown will have on the U.S. Food and Drug Administration and other product safety agencies. Falvey notes, "The agencies not only lost precious time to fulfill their safety mandates during the shutdown, they lost time beforehand, preparing for the cutoff in funding."


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Featured Professionals: Cheryl A. Falvey