Kevin C. Mayer, Partner Los AngelesSan Francisco
kmayer@crowell.com
Phone: +1 213.443.5544
515 South Flower St., 40th Floor
Los Angeles, CA 90071-2201
Phone: +1 415.365.7473
275 Battery Street, 23rd Floor
San Francisco, CA 94111-3305

Kevin C. Mayer is a partner and accomplished trial attorney with deep experience litigating on behalf of clients in a wide variety of complex commercial and mass tort actions. He counsels clients facing regulatory enforcement at both the state and federal level. He has litigated and tried cases in multiple federal, state, territorial and tribal courts, as well as before government agencies and administrative bodies. He is counsel-of-record in some of the most important appellate decisions assisting the defense in tort litigation over the past 25 years. His clients include members of the oil and chemical, sporting goods and fitness, energy, medical device, industrial and consumer products, manufacturing, and construction industries, and academic institutions.

Kevin's trial record includes construction, toxic tort, OSHA, environmental, and products liability litigation. He has particular experience addressing complex scientific, medical, and technical issues, and preparing and examining expert witnesses in both deposition and trial settings for personal injury, wrongful death, and regulatory litigation.

Kevin is a Fellow of The Litigation Counsel of America, the Trial Lawyers' Honor Society, and a much-sought speaker and author on litigation and trial practice. He also serves on the firm's Public Service Committee. Kevin is dedicated to pro bono work and is a recipient of the 2015 Bet Tzedek Pro Bono Justice Award for consistently providing counsel to eligible, needy residents throughout Los Angeles County.

Tort / Products Liability

Kevin is well-known for his trial work on behalf of American and multinational companies in toxic tort and products liability litigation. His experience includes evaluation of issues involving cancer, systemic diseases, birth defects, dysmorphological and genetic consequences, immune and endocrine system dysfunction, and Legionnaire’s Disease, Toxic Shock Syndrome, and other pathogen-borne injuries. His work emphasizes epidemiology, pharmacology, toxicology, product labeling and warnings, industrial hygiene, regulatory compliance, and process safety management. Kevin's clients include upstream and downstream petroleum companies, pharmaceutical and medical device manufacturers, and the manufacturers and users of industrial, commercial, and consumer-grade chemical and mineral products.

Environmental

Kevin represents land owners and operators in federal CERCLA and RCRA and state statutory and common law administrative proceedings, litigation and trials involving environmental contamination, cost-allocation, leaking underground storage tanks, waste disposal practices, and commercial development. His experience includes solid and liquid waste management, regulatory compliance and enforcement, Superfund, hydraulic fracturing, fear of future disease, risk assessment, Brownfields, and soils, air, and groundwater contamination investigation and remediation.

Regulatory Enforcement

Kevin counsels clients and handles civil and administrative law trials and appeals for industrial and commercial entities' alleged violations of the federal and states' OSHA, federal and state environmental statutes and regulations, and California's Safe Drinking Water and Toxic Enforcement Act of 1986 (Proposition 65). He has tried numerous OSHA citation appeals for refining and industrial facilities involving alleged violations of Labor Code and Health & Safety Code standards for work place safety. He counsels clients on Proposition 65 statutory compliance and the emerging "Green Chemistry" regulations in California and throughout the country.

Construction

Kevin represents national architectural and engineering firms, developers, contractors, and facility owners in professional negligence, premises liability, construction defect, and contract actions involving public works projects, office buildings, theaters, athletic arenas and stadiums, condominiums, apartments, and custom homes. He serves as both plaintiff and defense counsel in these engagements.

Traumatic Brain Injury

Since 2013, Kevin has developed particular experience on the tort liability issues arising from concussions and other traumatic brain injuries (TBIs) associated with youth, high school and collegiate athletics, and has counseled multiple clients on the current state of medical and scientific knowledge concerning the diagnosis and treatment of TBIs, and "return to play" and "return to classroom" protocols. Kevin has delivered seminars and webinars on the legal aspects of TBI, and has established relationships with some of the country’s most respected and sophisticated physicians and risk management experts on these issues.

Notable Engagements 

  • Serves as regional trial counsel for several major American chemical and products companies in toxic tort, mass tort, and asbestos litigation, and works with national coordinating counsel on the clients' medical and scientific evidentiary and expert witness issues.
  • Represents one of the world’s largest art glass manufacturers in U.S. EPA and state proceedings involving hazardous air pollutants (HAPs) and potential violations of the federal Clean Air Act.
  • Serves as principal defense trial counsel for a medical device manufacturer being drawn into multi-plaintiff federal and state court products liability lawsuits alleging design, manufacturing and warnings defects, fraudulent misrepresentation and concealment, and breach of warranties.
  • Served as defense trial counsel in toxic tort litigation involving claims of Toxic Shock Syndrome, transverse terminal limb reductions, and Legionnaire’s Disease.
  • Served as trial counsel for several chemical product manufacturers in three trial groups of dozens of plaintiffs alleging cancer and systemic disease from alleged exposures in Lockheed's "Skunk Works" facilities in the Lockheed Worker Coordinated Judicial Proceedings in Los Angeles.
  • Handles Proposition 65 notices, investigations, litigation, and industry-wide resolutions for myriad domestic and international companies whose products are alleged to contain excessive concentrations of various carcinogens and reproductive toxins, including lead, phthalates, bisphenol A, benzene, and TDCPP.
  • Represents a major hip resurfacing device manufacturer in litigating its civil claims and lawsuits, including successful assertion of dispositive federal preemption defenses in the national hip implant litigation.
  • Served as litigation and trial counsel for a large herbicide manufacturer in multi-district litigation proceedings involving claims of property damage, misbranding, and mislabeling.
  • Trial counsel for a major international generic pharmaceutical company in nationwide federal and state court litigation against the industry, alleging Medicaid overpayments for prescription drug reimbursements.
  • Served as National Coordinating Counsel in the federal Multi-District Litigation proceedings, and defense liaison counsel in the coordinated California state court actions defending the formulators and encapsulators of nutritional supplements in the national L-tryptophan products liability litigation.
  • Served as a coordinating and litigation counsel for numerous product manufacturers and distributors in the New York, Minnesota, and California IBM Worker Litigation, addressing personal injury and wrongful death claims from cancer, birth defects, and other reproductive consequences.
  • Represented the real estate development arm of a Canadian conglomerate in construction defect litigation throughout California.
  • Served as National Trial and Coordinating Counsel for a major American company contesting claims of fraudulent misrepresentation, concealment, and conspiracy arising out of its historic investigative efforts, research, and publications on occupational hazards posed by exposure to industrial chemicals and minerals.

While in law school, Kevin was an extern to the Honorable Eugene F. Lynch, U.S. District Court for the Northern District of California.



Affiliations

Kevin is admitted to practice before all federal and state courts in the State of California, and has been admitted pro hac vice in numerous federal, state, and tribal jurisdictions.

Awards

Kevin has been annually designated in The Best Lawyers in America and in the Southern California Super Lawyers list. He is a recipient of the 2015 Bet Tzedek Pro Bono Justice Award for consistently providing counsel to eligible, needy residents throughout Los Angeles County. He is also a 2006 recipient of the Burton Award for Legal Achievement. In 2011, Kevin was elected a Fellow in The Litigation Counsel of America, the Trial Lawyers' Honor Society.

Professional Activities

  • As Co-Chairman of the Sports & Fitness Industry Association's (SFIA) Legal Task Force, Kevin counsels athletic equipment manufacturers and trainers in product liability, negligence, and commercial actions. These matters involve claims of improper design, inadequate warnings, code and standards compliance, intellectual property, import/export, and the role of coaches and administrators in overseeing participant safety in athletic competition and personal training. He has also served as a voting member of the ASTM's F-08 Committee for athletic and fitness equipment standards.
  • Kevin serves as a member of the Steering Committee for the Defense Research Institute's Toxic Tort and Environmental Law Committee, and is a member of the Trial Tactics Subcommittee.
  • He is a member of the Scientific Advisory Board for the Association for Environmental & Health Sciences Foundation.
  • Kevin served as a four-year member of the Board of Governors for the Association of Business Trial Lawyers, Los Angeles Chapter.
  • Kevin served for five years as a Board member for the Constitutional Rights Foundation, Los Angeles Chapter.


Highlights, News & Knowledge


Speeches & Presentations

  • "The Medicine, Science, and Liability Aspects of Traumatic Brain Injuries in Athletics,” 2016 West Coast Advisory Council, Newport Beach, CA (April 14, 2016). Presenter: Kevin C. Mayer.
  • “Nanotechnology Liability Issues – Dante’s Inferno or 'The Nine Circles of Suffering,’” 2016 EECMA Annual Conference, Orlando, FL (April 8, 2016). Presenter: Kevin C. Mayer.
  • "A Glimpse Into C-Level Strategic Approaches," SFIA Product Liability & Risk Management Summit, New Orleans, LA (February 2, 2016). Moderator: Kevin C. Mayer.
  • "OSHA Compliance: What You Need to Know - Now!" Webinar, New York, NY (November 10, 2015). Presenter: Kevin C. Mayer.
  • "Allocating the $$$$ in Private Settlements: For Whose Benefit?" Prop. 65 Conference, San Francisco, CA (September 28, 2015). Panelist: Kevin C. Mayer.
  • "Back to the 1980's for Products Liability and Environmental Litigation," AEHS Foundation Annual West Coast Conference, San Diego, CA (March 25, 2015). Presenter: Kevin C. Mayer.
  • "Taking the "Expert" Expert Deposition," DRI Product Liability Conference, Las Vegas, NV (February 4-6, 2015). Speaker: Kevin C. Mayer.
  • "Selection, Preparation and Deposition of Your Company Witness." 2015 SFIA Litigation & Risk Management Summit, Las Vegas, NV (February 2-3, 2015). Speaker: Kevin C. Mayer.
  • "Concussion and TBI Risk Management: How Colleges and Universities Can Protect Their Athletes and Avoid Liability," Crowell & Moring Webinar (October 29, 2014). Presenters: Kevin C. Mayer and Joshua Kaplowitz.
  • "The Rearview Mirror: Lessons Learned From This Year's Trial Victories," Crowell & Moring Seminar/Webinar (April 22, 2014). Presenters: Robert T. Rhoad, Gregory D. Call, Kevin C. Mayer, Linda B. Popejoy, Keith J. Harrison, Brian T. McLaughlin, Mana Elihu Lombardo, Nathaniel P. Bualat, and Jeffrey H. Rutherford.
  • "SFIA Mock Trial," SFIA Legal Task Force Product Liability & Risk Management Summit, Phoenix, AZ (April 6-8, 2014). Presenter: Kevin C. Mayer.
  • "Consumer Products: How Regulatory Changes to the Products You Use May Impact Your Clients," ABA's 23rd Annual Spring CLE Meeting (April 3-5, 2014). Moderator: Kevin C. Mayer.
  • "Litigation Forecast Webinar: Environmental Regulation and Litigation Risks 2014," Crowell & Moring Webinar (March 4, 2014). Presenters: Susan M. Mathiascheck, Kevin C. Mayer, Kirsten L. Nathanson, and Daniel W. Wolff.
  • "Navigating High-Profile Litigation and Administrative Enforcement," Crowell & Moring Advertising and Product Risk Management Seminar (March 19, 2013). Moderator: Andrew Kaplan; Panelists: Kevin C. Mayer, Keith J. Harrison, and John Fuson.
  • "Taking the Effective Plaintiff Expert Deposition," DRI Annual Toxic Torts and Environmental Law Seminar, New Orleans (March 1, 2013). Presenter: Kevin C. Mayer.
  • "Failure Analysis, Product Recalls, and Liability Preventative Measures to Help Prevent the FDA from Knocking on Your Door," Exponent and Crowell & Morning, Menlo Park, CA (January 29, 2013). Presenters: Kevin C. Mayer and John Fuson.
  • "Fragrance Products and Chemical Risk Assessment: Spotlight on California Regulations," International Fragrance Association North America Webinar (December 4, 2012). Moderator: Laura Jastrem Walther; Panelists: Kevin C. Mayer, Lynn R. Levitan.
  • "Consumer Product Safety and Chemicals Assessment---Are We There Yet?" Exponent and Crowell & Morning LLP Webinar (September 19, 2012). Presenter: Kevin C. Mayer and Lynn R. Levitan.
  • "Emerging Trends and The Future of Chemical Regulation," Annual Sporting Goods Manufacturers Association Litigation and Risk Management Summit, Las Vegas (April 2012). Speaker: Kevin C. Mayer.
  • "Is California a Canary in the Coalmine? Emerging Trends and the Future of Chemical Regulation in California," Crowell & Moring Webinar (January 24, 2012). Co-Speakers: Warren Lehrenbaum, Kevin C. Mayer and Bridget E. Calhoun.
  • "Tips to Prepare for New Product Testing & Prop 65 Issues for 2012," Sporting Goods Manufacturers Association Webinar (December 8, 2011). Panelist: Kevin C. Mayer.
  • "Myths, Fables and Fairy Tales: The Uses and Abuses of Modeling in Environmental Litigation" and "Successful Challenges to Plaintiff Expert Opinion Testimony in Environmental Litigation," Association for Environmental Health Sciences Foundation, Annual West Coast Conference, San Diego, California (March 2011). Speaker: Kevin C. Mayer.
  • "Improve Your Results and Reduce Your Outside Counsel Costs," ACC-SoCal Multivenue MCLE Program (March 2011). Speaker: Kevin C. Mayer.
  • "California Proposition 65: Barbarians At The Gates," and "The CPSC Database and Consumer Product Litigation," SGMA Legal Task Force Webinar (October 2010). Speaker: Kevin C. Mayer.
  • "Annual Update on Product Liability Litigation," Sporting Goods Manufacturing Association Summit, Las Vegas, Nevada (April 2010). Speaker: Kevin C. Mayer.
  • "Admissibility of Scientific Evidence in Environmental Litigation," Association for Environmental Health Sciences, Annual West Coast Conference, San Diego, California (March 2010). Speaker: Kevin C. Mayer.
  • "Mock Trial of a Products Liability Personal Injury Action, conducted at the Annual ASTM Meetings, Atlanta, Georgia (November 2009). Speaker: Kevin C. Mayer.
  • "Current Trends in Sporting Goods and Product Liability Litigation," SGMA and DRI Products Liability Seminar, San Diego, California (April 2009). Speaker: Kevin C. Mayer.
  • "Nutraceutical Litigation -- The Gathering Storm?," Corporate Legal and Claims Departments, Deerfield, Illinois (May 2008). Speaker: Kevin C. Mayer.
  • "Recent Developments in Product Liability Litigation in the Sporting Goods Industry," SGMA/Defense Research Institute Product Liability Meetings, Scottsdale, Arizona (February 2008). Speaker: Kevin C. Mayer.
  • "Challenges to Plaintiffs' Expert Opinion Testimony," Defense Research Institute Annual Meeting, Washington, D.C. (October 2007). Speaker: Kevin C. Mayer.
  • "The Law of Products Liability," SGMA Spring Market, Las Vegas (June 2007). Speaker: Kevin C. Mayer.
  • "Trace Benzene Litigation-The New Frontier in Consumer Product and Class Action Cases," Defense Research Institute, Toxic Torts And Environmental Law Seminar, New Orleans (March 2007). Speaker: Kevin C. Mayer.
  • "Challenges to the Admissibility of Expert Opinion Testimony," Mealey's Benzene Litigation Conference, Santa Monica (June 2006). Speaker: Kevin C. Mayer.
  • "American Trial Lawyers Association National Moot Trial Court Competition, Regional Judge, Los Angeles (March 2006). Speaker: Kevin C. Mayer.
  • "How To Avoid Punitive Damages," Sporting Goods Manufacturers Association Super Show, International Business Intelligence Series, Orlando, Florida (February 2006). Speaker: Kevin C. Mayer.
  • "Preparing For And Defending The Corporate Representative Deposition," American National Standards Institute Annual Meetings, Reno, Nevada (2005). Speaker: Kevin C. Mayer.
  • "The Challenges To Plaintiff Expert Testimony In Benzene Litigation -- 'All Roads Lead To Rome'," Harris-Martin Benzene Litigation Seminar, New Orleans (2005). Speaker: Kevin C. Mayer.


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Firm News & Announcements

Nov.30.2016 Super Lawyers Recognizes 71 Crowell & Moring Lawyers Across United States
Oct.27.2015 Super Lawyers Recognizes 90 Crowell & Moring Attorneys
Sep.30.2014 Super Lawyers 2014 Recognizes 90 Crowell & Moring Attorneys
Sep.01.2013 Super Lawyers 2013 Recognizes 64 Crowell & Moring Attorneys
Jan.29.2013 Crowell & Moring Releases Report, "Litigation Forecast 2013"
Sep.01.2012 Super Lawyers 2012 Recognizes 42 Crowell & Moring Attorneys
Oct.05.2011 Crowell & Moring Consumer Product Safety Seminar to Feature Senator Mark Pryor and Other Key Government Officials
Sep.13.2010 Crowell & Moring Continues Its West Coast Expansion With The Addition of Torts Partner Kevin C. Mayer in Los Angeles
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