Transportation, micromobility, consumer, and other product manufacturers lean on Rebecca Chaney’s keen understanding of each team's legal landscape to advance their businesses. Rebecca applies her commercial-focused product risk lens to represent product manufacturers facing litigation, commercial, and regulatory challenges.
Rebecca is an industry-recognized force in litigating complex product-related warranty, defect, indemnity and contractual commercial disputes, and consumer litigation, including in class actions and mass tort proceedings. She counsels her commercial clients on product disputes, risk mitigation, and crisis management matters. Rebecca additionally defends clients against defamation claims. Clients appreciate Rebecca’s close coordination with them, her proactive approach, and her critical and creative thinking about each stage in a litigation or matter.
Rebecca’s approach embraces product liability risk management across the life cycle of product commercialization, from pre- to post-launch to aftermarket. This includes advice on product labeling, as well as National Highway Traffic Safety Administration and Consumer Product Safety Commission regulatory compliance, recall, and enforcement issues.
Affiliations
Professional Activities and Memberships
- Member, American Bar Association, Litigation and Young Lawyers Sections, Products Liability and Women in Products Liability Subsections
- Member, DRI, Product Liability Section
Representative Matters
- Representing leading Tier 1 automotive parts supplier in multiple disputes and litigation concerning defect and indemnity claims; representation includes favorable resolution of a dispute with claims valued in excess of $1 billion.
- Achieved and defended on appeal dismissal on the pleadings for a hotel door lock manufacturer in four consolidated putative class action lawsuits filed by hotels alleging that plaintiffs’ locks were “hackable.”
- Achieved and defended on appeal dismissal on the pleadings for an automotive manufacturer in a putative class action lawsuit alleging warranty, consumer protection and invasion of privacy claims on the grounds that plaintiffs’ vehicles were “hackable.”
- Achieved and defended on appeal dismissal on the pleadings for a smoke alarm manufacturer in a putative class action lawsuit alleging that the products were defective and deceptively advertised.
- Negotiated and supported a limited fund class action settlement to resolve more than 300 lawsuits asserted against a university following its loss of accreditation.
- Representing a medical device manufacturer in product liability litigation filed in multiple jurisdictions in the U.S.
- Achieved dismissal on forum non conveniens grounds of a U.S. component part manufacturer in MDL litigation arising from the crash of Air France Flight 447.
- Resolved successfully pre-suit litigation threatened against product manufacturer concerning marketing contract.
- Advised offshore wind project in potential litigation of force majeure clause.
- Prepared U.S. government contractor to defend breach of contract litigation following its termination of a subcontract.
Insights
Speeches & Presentations
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"Torts & Product Liability Issues," Crowell & Moring's Supply Chain Webinar Series
(January 12, 2022).
Speakers: Rebecca Baden Chaney, John Fuson, Cheryl A. Falvey, Warren Lehrenbaum, and Carolyn W. Wagner.
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"The Bipartisan Infrastructure Bill: A Summary of the Bill, the Funds, the Flow and the Timeline for New Projects," Crowell & Moring Webinar.
(November 18, 2021).
Speakers: Bryon R. Brown, Robert A. Burton, Lorraine M. Campos, Rebecca Baden Chaney, Michelle Coleman, W. Scott Douglas, Larry F. Eisenstat, James Flood, David J. Ginsberg, Robert Holleyman, Joshua M, Lindsay, Thomas Lorenzen, Stephen J. McBrady, and Scott Winkelman.
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"The Safety Agencies in Transition – What to Expect at FDA, CPSC, and NHTSA in the First 100 Days," Crowell & Moring Webinar
(March 30, 2017).
Presenters: Cheryl A. Falvey, John Fuson, Matthew Cohen, Scott L. Winkelman, Lauren Bell, Daniel T. Campbell, and Rebecca Baden Chaney.
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“On the Frontier of the Internet of Things: Cybersecurity, Regulation, and Litigation in a Hyper-Connected World,” Joint Program, ABA Public Contract Law Section’s Cybersecurity, Privacy, and Data Protection Committee and Science & Technology Law Section’s Homeland Security Committee
(April 13, 2016).
Presenters: Clifford J. Zatz, Rebecca Baden Chaney, and David Z. Bodenheimer.
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"A Conversation About Driverless Vehicles, Regulation, and Litigation," Products Liability Committee Section of Litigation
(August 26, 2014).
Moderator: Laura Jastrem Walther; Presenter: Rebecca Baden Chaney.
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"Changes to NHTSA Rules: Early Warning Reporting and Recall Procedures," Crowell & Moring Webinar
(October 30, 2013).
Presenters: Daniel T. Campbell, Michael L. Kuppersmith, and Rebecca Baden Chaney.
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"Motor Vehicle Safety / NHTSA: Steering in the Right Direction: What you need to know about NHTSA enforcement, the ‘electrification’ of motor vehicles, and other automotive hot topics," Crowell & Moring Product Risk Management Seminar
(October 19, 2011).
Moderators: Dan Campbell; Rebecca Baden Chaney. Panelists: O. Kevin Vincent (National Highway Traffic Safety Administration); James Chen (Tesla Motors); Joe Stancati (Dana Holding Corporation).
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"Trial Skills: Perceptions of Gender in the Courtroom," American Bar Association, Section of Litigation, Women in Products Liability Regional CLE Workshop, Nashville, TN
(October 2011).
Co-Moderator: Rebecca Baden Chaney.
Publications
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"Who’s Behind The Wheel? What Regulators Expect For AV Technology," Automotive World
(September 13, 2021).
Authors: Rebecca Baden Chaney, and Rukiya Mohamed.
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"NHTSA Proposes Rule On Safe Deployment Of Self-Driving Vehicles," The Journal Of Robotics, Artificial Intelligence & Law
(May-June 2021).
Authors: Rebecca Baden Chaney, and Rukiya Mohamed.
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"NHTSA Continues Its Focus on Advancing Autonomous Vehicle Technologies," Journal of Robotics, Artificial Intelligence & Law
(January 2021).
Authors: Cheryl A. Falvey, Rebecca Baden Chaney, and Rukiya Mohamed.
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Micromobility Whitepaper
(December 17, 2020).
Authors: Cheri Falvey, Scott Winkelman, Rebecca Chaney, Carolyn Wagner, Matt Cohen, Mariam Sarwar, Colleen Johnson
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"20 Miles Per Hour Divides NHTSA and CPSC Jurisdiction Over Micromobility Products," Crowell & Moring’s Retail & Consumer Products Law Observer
(August 19, 2020).
Author: Rebecca Baden Chaney.
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"COVID-19 Countermeasure Protections Are Not Absolute," Law360
(April 8, 2020).
Authors: Rebecca Baden Chaney, Cheryl A. Falvey, John Fuson, Scott L. Winkelman, Clifford J. Zatz, and Mariam Sarwar.
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"Autonomous vehicles: Driving regulatory and liability challenges," Automotive World
(April 7, 2020).
Authors: Rebecca Baden Chaney, Evan Y. Chuck, and Maarten Stassen.
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"Transportation – The March to Digital Mobility," Crowell & Moring's Regulatory Forecast 2020
(February 26, 2020).
Contributors: Cheryl A. Falvey, Scott L. Winkelman, Rebecca Baden Chaney, and Mary-Caitlin Ray.
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"Torts – Sharing Supply Chain Risk," Crowell & Moring's Litigation Forecast 2020
(January 22, 2020).
Contributor: Rebecca Baden Chaney.
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"Seven Ways To Prepare Your Legal Department For The Fourth Industrial Revolution," ACC Docket
(September, 2018).
Authors: Scott L. Winkelman, John S. Gibson, and Rebecca Baden Chaney.
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"FDA Issues First-of-Its-Kind Guidance for Manufacturers of 3D-Printed Medical Devices," Crowell & Moring's Recent Happenings in Advertising & Product Risk Management – December 2017
(December 20, 2017).
Authors: Rebecca Baden Chaney, Robbie Rogart, and Chalana Netasha Damron.
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"U.S. Supreme Court: Shaping the Personal Jurisdiction Landscape in Product Liability Cases," Crowell & Moring's Retail & Consumer Products Law Observer
(June 26, 2017).
Author: Rebecca Baden Chaney.
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"Update: Class Action Reform Bill Passes House 220-201," Crowell & Moring's Retail & Consumer Products Law Observer
(March 17, 2017).
Authors: Scott L. Winkelman, Rebecca Baden Chaney and Robbie Rogart.
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"New Vehicles Required to Have Rear-View Technology," ABA Section of Litigation
(July 16, 2014).
Co-Authors: Rebecca Baden Chaney and Michael L. Kuppersmith.
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"Are You Up To Speed? NHTSA Reporting Requirements Are Changing," ABA Section of Litigation
(October 28, 2013).
Co-Authors: Scott L. Winkelman, Cheryl A. Falvey, Daniel T. Campbell, Rebecca Baden Chaney, and Michael L. Kuppersmith.
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"NHTSA Revs Up Campaign Against Distracted Driving," ABA Section of Litigation
(July 29, 2013).
Co-Authors: Daniel T. Campbell and Rebecca Baden Chaney.
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"Is Civil Loss Causation Applicable to Federal Criminal Sentencings?" BNA's Securities Regulation & Law Report
(January 16, 2012).
Co-Authors: Thomas A. Hanusik and Rebecca Baden Chaney.
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"The CPSC Leaps Into China," Crowell & Moring's Retail Law Observer Blog
(January 24, 2011).
Co-Authors: Rebecca Baden Chaney, Bridget E. Calhoun and Natalia R. Medley.
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"CPSC Issues Draft Final Rule Establishing a Publicly-Available Product Safety Information Database," Crowell & Moring's Retail Law Observer Blog
(November 2, 2010).
Co-Authors: Bridget E. Calhoun, Jennifer G. Knight and Rebecca Baden Chaney.
Client Alerts & Newsletters
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"DOT Releases Final Standards for Federally Funded EV Charging Stations,"
(March 10, 2023).
Contacts: Byron R. Brown, Rebecca Baden Chaney, Lorraine M. Campos, Thomas A. Lorenzen, Tyler A. O'Connor
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"The House Goes Long On Drones,"
(September 20, 2022).
Contacts: Mary-Caitlin Ray, Byron R. Brown, Scott L. Winkelman, Rebecca Baden Chaney
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"President Biden To Sign New Inflation Reduction Act,"
Biden 2021 Series
(August 15, 2022).
Contacts: Byron R. Brown, Rebecca Baden Chaney, Stephanie L. Crawford, James G. Flood, Eric Homsi, Irina Pisareva, Mary-Caitlin Ray, Tim Shadyac, Siyi Shen, Hillary C. Webb, Scott L. Winkelman
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"Key Takeaways From Crowell’s 2022 Transportation & Logistics Industry Workshop,"
(March 31, 2022).
Contacts: Meagan T. Bachman, Lorraine M. Campos, Rebecca Baden Chaney, S. Starling Marshall, Chahira Solh, Byron R. Brown, Mary-Caitlin Ray
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"White House Touts EV Action Plan; Calls on Industry and Other Stakeholders to Provide Information to Support Buildout of Charging Infrastructure,"
Government Contracts Bullet Points
(December 20, 2021).
Contacts: Byron R. Brown, Rebecca Baden Chaney, Lorraine M. Campos
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"Infrastructure Investment and Jobs Act Requires Secretary of Transportation to Issue Vehicle Safety Standards and Conduct Studies on Vehicle Safety,"
Mass Tort, Product, and Consumer Litigation Alert
(November 24, 2021).
Contacts: Lynn Phan, Rebecca Baden Chaney, Byron R. Brown
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"Biden Administration Works with Industry Stakeholders to Address Supply Chain Delays at the Ports of Los Angeles and Long Beach,"
Government Contracts Bullet Points
(October 14, 2021).
Contacts: Lyndsay A. Gorton, Rebecca Baden Chaney, Peter Eyre, Nicole Janigian Simonian
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"The Supreme Court Rejects "Causation-Only" Test for Specific Jurisdiction,"
Mass Tort, Product, and Consumer Litigation Alert
(March 26, 2021).
Contacts: Rebecca Baden Chaney, April Nelson Ross, Clifford J. Zatz, Gloria Martinez Trattles
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"NHTSA Proposes Rule on Safe Deployment of Self-Driving Vehicles,"
Administrative Law Alert
(March 24, 2021).
Contacts: Rebecca Baden Chaney, Rukiya Mohamed
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"Omnibus Bill Brings Changes to Aircraft Certification System and Extends CARES Act Lifeline for Air Carriers,"
(December 28, 2020).
Contacts: Rebecca Baden Chaney, Mary-Caitlin Ray
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"Transition 2021: Top Transportation Policy Issues Facing the Biden Administration,"
Biden 2021 Series
(December 21, 2020).
Contacts: Rebecca Baden Chaney, Scott L. Winkelman, Byron R. Brown, Mary-Caitlin Ray
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"NHTSA Seeks Guidance on Regulating the Safe Deployment of Self-Driving Vehicles,"
Mass Tort, Product, and Consumer Litigation Alert
(December 7, 2020).
Contacts: Rebecca Baden Chaney, Rukiya Mohamed
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"NHTSA Continues its Focus on Advancing Autonomous Vehicle Technologies,"
(June 25, 2020).
Contacts: Rebecca Baden Chaney, Cheryl A. Falvey, Rukiya Mohamed
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"NIOSH-Approved Respiratory Protective Devices Are Now "Covered Countermeasures" Against COVID-19,"
Mass Tort, Product, and Consumer Litigation Alert
(April 15, 2020).
Contacts: Rebecca Baden Chaney, Cheryl A. Falvey, John Fuson, Mariam Sarwar
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"Massachusetts Governor Affirmatively Employs PREP Act Protections in State Healthcare System,"
(April 11, 2020).
Contacts: Rebecca Baden Chaney, Cheryl A. Falvey, John Fuson, Scott L. Winkelman, Clifford J. Zatz, Stephanie L. Crawford, Mariam Sarwar
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"PREP Act Immunity from Liability for COVID-19 Related Medical Equipment,"
Mass Tort, Product, and Consumer Litigation Alert
(March 27, 2020).
Contacts: Rebecca Baden Chaney, Cheryl A. Falvey, John Fuson, Scott L. Winkelman, Clifford J. Zatz, Mariam Sarwar
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"NHTSA Announces Historic Proposal to Modernize Vehicle Safety Standards,"
Mass Tort, Product, and Consumer Litigation Alert
(March 19, 2020).
Contacts: Rebecca Baden Chaney, Daniel T. Campbell, Cheryl A. Falvey, Scott L. Winkelman, Rukiya Mohamed
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"Recent Happenings in Advertising & Product Risk Management – December 2017,"
Advertising & State AG Alert
(December 20, 2017).
Contacts: Cheryl A. Falvey, John Fuson, David Ervin, Matthew Cohen, Rebecca Baden Chaney, Robbie Rogart Jost, Kate M. Watkins, Rukiya Mohamed
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"CPSC Hears Rare Oral Argument in Zen Magnets Recall Litigation,"
Advertising & State AG Alert
(June 13, 2017).
Contacts: Scott L. Winkelman, Cheryl A. Falvey, Matthew Cohen, Rebecca Baden Chaney
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"The U.S. House Sets Out To Reform Class and Mass Actions,"
(March 16, 2017).
Contacts: Rebecca Baden Chaney, Robbie Rogart Jost, Scott L. Winkelman
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"NHTSA Addresses Hacking and Cybersecurity,"
Advertising & State AG Alert
(June 1, 2016).
Contacts: Cheryl A. Falvey, Rebecca Baden Chaney
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"NHTSA Identifies Best Practices Regarding Confidentiality Provisions in Settlement Agreements and Protective Orders,"
Advertising & State AG Alert
(June 1, 2016).
Contacts: Daniel T. Campbell, Rebecca Baden Chaney
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"NHTSA Intends to Enforce MAP-21's Indexing Requirement,"
Advertising & State AG Alert
(June 1, 2016).
Contacts: Daniel T. Campbell, Rebecca Baden Chaney
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"Knocking Out Class Actions After Campbell-Ewald: Can Defendants Still Control Their Destiny?,"
Advertising & State AG Alert
(April 4, 2016).
Contacts: April Nelson Ross, Rebecca Baden Chaney
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"Proposed Updates to the Motor Vehicle Safety Act,"
Advertising & State AG Alert
(October 2015).
Contacts: Daniel T. Campbell, Rebecca Baden Chaney
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"Senator Markey Introduces the SPY Car Act to Regulate Automotive Cybersecurity,"
Advertising & State AG Alert
(August 2015).
Contacts: Clifford J. Zatz, Rebecca Baden Chaney
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"NHTSA to Accelerate Rulemaking for Vehicle-to-Vehicle Technologies,"
Advertising & State AG Alert
(May 2015).
Contacts: Rebecca Baden Chaney, Daniel T. Campbell
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"Lawmakers Respond to Record-Breaking Auto Recalls with Proposals for Stricter Regulation,"
Advertising & State AG Alert
(March 20, 2015).
Contacts: Daniel T. Campbell, Rebecca Baden Chaney
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"NHTSA Finalizes Rule Requiring New Vehicles to Possess Rear Visibility Technology,"
Advertising & State AG Alert
(April 17, 2014).
Contact: Rebecca Baden Chaney
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"NHTSA Expands Early Warning Reporting and Recall Management Requirements,"
Advertising & State AG Alert
(August 21, 2013).
Contacts: Scott L. Winkelman, Cheryl A. Falvey, Daniel T. Campbell, Rebecca Baden Chaney
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"The Latest In Advertising Class Action Lawsuits,"
Advertising & State AG Alert
(July 23, 2013).
Contact: Rebecca Baden Chaney
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"NHTSA Punts Again On Requiring Rearview Cameras,"
Advertising & State AG Alert
(July 23, 2013).
Contacts: Daniel T. Campbell, Rebecca Baden Chaney
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"NHTSA Successfully Defends Its Roof Crush Resistance Strength Requirements,"
Advertising & State AG Alert
(March 29, 2013).
Contacts: Scott L. Winkelman, Daniel T. Campbell, Rebecca Baden Chaney
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"NHTSA Proposes Rule To Pump Up The Volume Of Electric And Hybrid Vehicles,"
Advertising & State AG Alert
(January 9, 2013).
Contacts: Daniel T. Campbell, Rebecca Baden Chaney
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"NHTSA Maximum Civil Penalties on the Rise,"
Advertising & State AG Alert
(November 27, 2012).
Contacts: Scott L. Winkelman, Daniel T. Campbell, Rebecca Baden Chaney
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"NHTSA Proposes Increases in Maximum Civil Penalties,"
Advertising & State AG Alert
(September 10, 2012).
Contacts: Rebecca Baden Chaney, Scott L. Winkelman
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"NHTSA Issues Notice of Proposed Rulemaking to Expand Regulation of Accelerator Control Systems,"
Advertising & State AG Alert
(April 25, 2012).
Contacts: Daniel T. Campbell, Jeffrey D. Sanok, Rebecca Baden Chaney
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"Compliance with Federal Motor Vehicle Safety Standards May Not Equal Preemption,"
Advertising & State AG Alert
(March 1, 2011).
Contacts: Scott L. Winkelman, Daniel T. Campbell, Rebecca Baden Chaney
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"CPSC Votes To Extend Stay of Certification and Third Party Testing Requirements For Total Lead Content In Certain Products, Including Children's Products,"
Advertising & State AG Alert
(February 2, 2011).
Contact: Rebecca Baden Chaney
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"The CPSC's Draft Final Rule Establishing a Publicly Available Product Safety Information Database Scheduled for Commission Vote on November 17,"
Advertising & State AG Alert
(October 19, 2010).
Contact: Rebecca Baden Chaney
Press Coverage
Firm News & Announcements
March 7, 2023 |
Thomson Reuters Names 16 Crowell Lawyers as “Stand-out Lawyers” |
July 13, 2021 |
Law360 Names Crowell & Moring’s Rebecca Baden Chaney to “Rising Stars” of Transportation List |
June 30, 2021 |
LITIGATION NOTE: Crowell & Moring Wins in English High Court for Dana UK Axle in Long-Running Breach of Contract Case |
September 20, 2019 |
Super Lawyers Recognizes 82 Crowell & Moring Lawyers Across United States |
March 12, 2019 |
Crowell & Moring Partners Scott Winkelman, John Gibson, and Rebecca Chaney Honored with Burton Awards' 'Law360 Distinguished Legal Writing Award' |
January 3, 2019 |
Crowell & Moring Elects Eight New Partners and Promotes 21 Associates to Counsel |
October 15, 2018 |
Super Lawyers Recognizes 82 Crowell & Moring Lawyers Across United States |
October 31, 2017 |
Super Lawyers Recognizes 79 Crowell & Moring Lawyers Across United States |
November 30, 2016 |
Super Lawyers Recognizes 71 Crowell & Moring Lawyers Across United States |
October 27, 2015 |
Super Lawyers Recognizes 90 Crowell & Moring Attorneys |
January 2, 2015 |
Crowell & Moring Elects Six New Partners and Promotes Eight Associates to Counsel |
September 30, 2014 |
Super Lawyers 2014 Recognizes 90 Crowell & Moring Attorneys |
October 5, 2011 |
Crowell & Moring Consumer Product Safety Seminar to Feature Senator Mark Pryor and Other Key Government Officials |