Scott L. Winkelman is a partner in the firm's Mass Tort, Product, and Consumer Litigation Group. Scott litigates class actions, multidistrict proceedings, arbitrations, and other complex litigation in products and commercial matters nationwide. His practice involves representations in a range of industry sectors and advanced technologies, including automotive and autonomous vehicles, aviation, consumer products, food, chemical, rail, 3D printing, information technology, and medical devices.
Scott co-founded the firm's Product Risk Management Group, and represents clients in proceedings before the National Highway Traffic Safety Administration, the Consumer Product Safety Commission, and related regulatory bodies. He also advises clients on matters in digital transformation. Scott performs crisis management for clients, and counsels on liability prevention, records management, commercial contracting, warranty, and best practices in law functions and legal management. A certified "black belt" in Six Sigma methodology, Scott trains clients on process improvement and applies efficiency techniques to his engagements. Scott has been selected by his peers each year since 1997 for inclusion in The Best Lawyers In America as a "Best Lawyer" in the area of product liability litigation, and is a ranked practitioner in Chambers USA. Scott has served on and off for over a decade on the firm’s Management Board and Executive Committee.
Scott received his undergraduate degree from the University of Michigan (1984), and his law degree from Harvard Law School (1987), before serving as judicial clerk to the Honorable John Pratt of the U.S. District Court for the District of Columbia.
Scott is married with two children and roots for all Detroit sports teams.
Representative Engagements
- Argued successfully for the defense group in Mississippi federal district court, then twice before the Fifth Circuit, in climate change tort litigation.
- Tried to verdict matters involving alleged breach of a partnership agreement and fraud in New York state court; antitrust and contract claims in Illinois federal court; antitrust claims and tort counterclaims in Texas federal court, and a real estate managing partner dispute in Virginia federal court.
- Represented clients in connection with three of the largest automotive recalls in U.S. history.
- Obtained summary judgment in neighborhood environmental tort litigation seeking a $440 million medical monitoring program, and denial of class certification of a medical monitoring action in Florida state court.
- Achieved denial of class certification following evidentiary and oral argument proceedings in tort and commercial actions for an array of clients in courts in Maryland, Michigan, New Jersey, Florida, and Ohio, and dismissal of additional putative class and mass actions on non-class grounds in courts in California, Illinois, West Virginia, Massachusetts, Virginia, Ohio, and Florida, among others.
- Obtained dismissal upon oral argument in Ohio state court of what was threatened to become the next wave of asbestos litigation, an outcome affirmed on appeal.
- Obtained termination of a hundred-plus-case occupational personal injury docket in West Virginia state court through a Daubert ruling following a several-day evidentiary hearing.
- Obtained dismissal of all claims against our client in Hurricane Katrina Levee litigation multidistricted in New Orleans federal court.
- Obtained voluntary dismissal with prejudice of claims in multidistrict litigation stemming from the crash of Egypt Air Flight 990, and represented clients in connection with the downing of SwissAir 111, Air France 447, and other aviation events.
- Successfully recovered funds stolen from an Olympic speedskater medalist through court action, then achieved disbarment of the offending party through state disciplinary proceedings.
- Resolved successfully an environmental community tort litigation in Florida state court seeking $500 million in relief;
- Resolved successfully a commercial dispute between an automotive part supplier and automotive manufacturer with claims valued in excess of $1 billion.
- Served as a testifying expert witness in insurance coverage commercial litigation involving the reasonableness of underlying tort action settlement efforts.
- Obtained successful closure of dozens of proceedings for multiple clients before the U.S. Consumer Product Safety Commission and the National Highway Traffic Safety Administration.
- Represented a world-leading manufacturer and supplier of aluminum wheels in NHTSA proceedings and personal injury tort litigation.
- Defended a leading global provider of engine turbines in multi-million dollar commercial litigation brought by a utility in Virginia state court.
- Served as coordinating counsel for a Fortune 100 client in serial fungicide tort litigation in courts nationwide, and as coordinating counsel for a leading transportation entity in occupational tort litigation in courts nationwide.
- Lectured on the Class Action Fairness Act; implications of the Consumer Product Safety Improvement Act of 2008. developments and trends in e-discovery; crisis management; the government contractor defense; early-win strategies in complex tort litigation; records management; application of Six Sigma methodology to the practice of law; climate change litigation; and an array of tort law trends, challenges and winning defense strategies.
Affiliations
Admitted to practice: District of Columbia, Illinois
Highlights, News & Knowledge
Speeches & Presentations
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"COVID-19 And Product Pivoting: Pitfalls and Opportunities," Crowell & Moring Webinar
(April 22, 2020).
Presenters: Jonathan M. Baker, John Fuson, David R. Stepp, Scott L. Winkelman, Chalana Netasha Damron, Stephanie L. Crawford, and Mariam Sarwar.
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“Analyzing the 3D Printing Regulatory Landscape,” The Legal, Regulatory and Business Conference on 3D Printing, Chicago, IL
(June 14, 2018).
Presenter: Scott L. Winkelman.
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"AV Quarterback Session," Crowell & Moring, Washington, D.C.
(May 8, 2018).
Presenters: Crowell & Moring Autonomous Vehicles Team.
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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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"Cuba: An Update on the Liberalization of Trade Relations," Crowell & Moring Seminar, Washington, D.C.
(April 21, 2015).
Presenters: Cari N. Stinebower, Scott L. Winkelman, Daniel Cannistra, and Mariana Pendás Fernandez.
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"Managing the Cyber Threat Crisis: An Interactive Workshop on Cyber Threats and Cyber Security," Crowell & Moring, Washington, D.C.
(April 4, 2013).
Panelists: David Z. Bodenheimer, Bryan Brewer, Stephen M. Byers, Robin B. Campbell, Morris F. DeFeo Jr., Cheryl A. Falvey, Jeffrey L. Poston, Jeffrey L. Snyder, Michael J. Songer, and Scott L. Winkelman.
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Crowell & Moring Product Risk Management Seminar
(October 19, 2011).
Moderator: Scott Winkelman.
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"Baby Steps or Seismic Shifts? Recent Developments in Toxic Tort Law," ABA Tort Trial & Insurance Practice Section's Toxic Torts & Environmental Law Committee, Webinar
(June 9, 2011).
Moderator and Speaker: Beth Kramer, Speakers: Jennifer Schlosser, Gloria Martinez Trattles and Scott Winkelman.
Publications
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"Fireman's Rule Could Guard Against COVID-19 Product Claims," Law360
(April 14, 2020).
Authors: Scott L. Winkelman, Matthew Cohen, and Rachel Raphael.
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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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"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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"The Peril of the Unreported Coffee Pot: Why a Failure to Report Is a Continuing Violation," Crowell & Moring's Retail & Consumer Products Law Observer
(May 13, 2019).
Authors: Scott L. Winkelman and Stephanie L. Crawford.
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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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"State of Play: Digital Transformation – The Sky's the Limit," Crowell & Moring's Regulatory Forecast 2018
(February 2018).
Contributors: Cheryl Falvey, Scott Winkelman, Kate Growley, Jeffrey Selman, Jodi Daniel, Evan Wolff, and Robert Holleyman.
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"CPSC Hears Rare Oral Argument in Zen Magnets Recall Litigation," Crowell & Moring's Retail & Consumer Products Law Observer
(June 13, 2017).
Authors: Scott L. Winkelman, Cheryl A. Falvey, Matthew Cohen and Carolyn W. Wagner.
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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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"Inside NHTSA's Proposed Cybersecurity Best Practices," Law360
(November 15, 2016).
Authors: Scott L. Winkelman, Peter B. Miller, Kate M. Growley, Danielle Rowan, and Justin Kingsolver.
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"Regulation of Blockchains and DLT – It’s All in How You Use It," Ethisphere
(November 14, 2016).
Authors: Scott L. Winkelman and Jenny E. Cieplak.
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"Regulatory Forecast 2016: What Corporate Counsel Need to Know for the Coming Year," a Crowell & Moring LLP publication
(January 2016).
Contributor.
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"Roundtable: When Crisis Strikes," Crowell & Moring's Regulatory Forecast 2016
(January 2016).
Contributors: Scott L. Winkelman, Robert F. Cusumano, Amanda Deaver, Dave Freudenthal, Philip T. Inglima, Jennifer Loven, and Nancy Saracino.
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"Congress Brings Warranties Into the Internet Age," Law360
(October 2, 2015).
Authors: Scott L. Winkelman and Preetha Chakrabarti.
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"Paper Warranties a Thing of the Past?" Crowell & Moring's Retail & Consumer Products Law Observer
(September 15, 2015).
Authors: Scott L. Winkelman and Preetha Chakrabarti.
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"Regulatory Forecast 2015: What Corporate Counsel Need to Know for the Coming Year," a Crowell & Moring LLP publication
(January 2015).
Contributor.
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"No Harm, No Foul: Reckoning with the Injury Requirement," Environmental Litigation and Toxic Torts Committee Newsletter, ABA Section of Environment, Energy, and Resources
(August 2014).
Co-Authors: Scott L. Winkleman and Tracy A. Roman.
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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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"Recent Developments In Toxic Torts and Environmental Law," Tort Trial & Insurance Practice Law Journal
(Winter 2011).
Co-Authors: Beth M. Kramer, Scott L. Winkelman, Gloria Martinez Trattles, Jennifer E. Schlosser, April Nelson Ross, Joel D. Smith, Brandon G. Waggoner, and Brian J. Weber.
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"Recent Developments In Toxic Torts and Environmental Law," Tort Trial & Insurance Practice Law Journal
(Winter 2010).
Co-Authors: Beth M. Kramer, Gloria Martinez Trattles, Jessica A. Hall, Brandon G. Waggoner, Brian J. Weber, Alison L. Share, Adam Cullman, and Scott L. Winkelman.
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"Fear Factor: Supreme Court Permits Mental Anguish Damages for Asbestosis Plaintiffs Who Fear Cancer," Product Liability Law & Strategy
(September 2003).
Co-Authors: Scott L. Winkelman, Jerome Murphy and F. Ryan Keith.
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"District of Columbia Product Liability Law," Product Liability Desk Reference, Aspen
(2003).
Co-Authors: Scott L. Winkelman and John L. Murino.
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Industry Standards As a Source Of Liability For Trade Associations and Association Members,
(October 2002).
Co-Authors: Timothy M. Biddle, Edward M. Green, Richard J. Mannix, and Scott L. Winkelman.
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"Six Sigma: Positioning For Competitive Advantage," ACCA Docket
(January 2001).
Co-Authors: Scott L. Winkelman and Thomas A. Sager.
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"Electronic Signatures Act," National Law Journal
(July 2000).
Co-Author: Scott L. Winkelman and Dylana Blum.
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"Honoring State Court Class Action Settlements," Insights Magazine
(March 1996).
Co-Authors: Scott L. Winkelman and Luther Zeigler.
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"Resetting the Punitives Hurdle," Legal Times
(December 1995).
Author: Scott L. Winkelman.
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"Avoiding Federal Courts Through Removal Abuse," Product Safety & Liability Reporter
(August 1995).
Co-Authors: Scott L. Winkelman and Lori Bean.
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"Closing Open Court to 'Doe' Plaintiffs," Legal Times
(August 1995).
Author: Scott L. Winkelman.
Client Alerts & Newsletters
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"Business Disruption in a Pandemic: Allocating Limited Supply,"
Litigation Alert
(April 20, 2020).
Contacts: Luke van Houwelingen, Scott L. Winkelman, Helen Osun
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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, Amanda Lineberry
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"New Decade, New Drone Rules: FAA Announces Proposed Rule for Remote ID,"
Regulatory Alert
(January 3, 2020).
Contacts: Mary-Caitlin Ray, Laura Foggan, Scott L. Winkelman
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"Congress Moves Forward on Bipartisan Autonomous Vehicle Bill,"
Regulatory Alert
(November 7, 2019).
Contacts: Cheryl A. Falvey, Laura Foggan, Rukiya Mohamed, Scott L. Winkelman
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"Alaska Drone Team Achieves Major Regulatory and Operational Milestone,"
Regulatory Alert
(August 8, 2019).
Contacts: Mary-Caitlin Ray, Scott L. Winkelman, Cheryl A. Falvey, Laura Foggan
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"Off to the Races: The FAA Initiates Informal Drone Rulemaking,"
Regulatory Alert
(February 14, 2019).
Contacts: Mary-Caitlin Ray, Scott L. Winkelman, Cheryl A. Falvey
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"A Day for Drones: FAA Releases Drafts of Long-Awaited Enabling Rules (Part 2),"
Regulatory Alert
(January 25, 2019).
Contacts: Mary-Caitlin Ray, Scott L. Winkelman, Cheryl A. Falvey
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"ISO Releases First Global Drone Standard,"
Regulatory Alert
(December 4, 2018).
Contacts: Cheryl A. Falvey, Scott L. Winkelman, Mary-Caitlin Ray
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"Key Takeaways from the Latest Major Study on Regulating Drones,"
Regulatory Alert
(June 21, 2018).
Contacts: James Janaitis, Scott L. Winkelman
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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, Carolyn W. Wagner, 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, Scott L. Winkelman
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"NHTSA Proposes Cybersecurity Best Practices for Automakers,"
Privacy Law Alert
(November 1, 2016).
Contacts: Scott L. Winkelman, Danielle Rowan, Justin Kingsolver, Kate M. Growley, CIPP/G, CIPP/US
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"Transportation Agencies Move to Regulate Sleep Apnea,"
Regulatory Alert
(March 10, 2016).
Contacts: Scott L. Winkelman, Gloria Martinez Trattles, Linn K. Redway
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"Back to the Future: Manufacturers' Warranties May Go Digital with Updates to the Magnuson-Moss Warranty Act,"
Advertising & State AG Alert
(September 2015).
Contact: Scott L. Winkelman
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"The Supreme Court Grapples with EPA's Mercury Rule,"
Environment & Natural Resources Law Alert
(April 7, 2015).
Contacts: Scott L. Winkelman, Robert Meyers
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"CPSC Approves Publication of Proposed Voluntary Recall Rule,"
Advertising & State AG Alert
(November 21, 2013).
Contacts: Cheryl A. Falvey, Scott L. Winkelman
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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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"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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"Supreme Court Rejects Attempt by Class Action Plaintiff to Plead Around Federal Court Jurisdiction,"
(March 22, 2013).
Contacts: Kathleen Taylor Sooy, Scott L. Winkelman, April Nelson Ross
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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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"Highlights from ICPHSO 2012,"
Advertising & State AG Alert
(March 6, 2012).
Contact: Scott L. Winkelman
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"NHTSA Proposes New Rules To Address Keyless Ignition Safety,"
Advertising & State AG Alert
(December 22, 2011).
Contacts: Daniel T. Campbell, Scott L. Winkelman
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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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"California's Retroactive Phthalates Ban Now Effective,"
Advertising & State AG Alert
(January 6, 2009).
Contact: Scott L. Winkelman
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"CPSC General Counsel States that Phthalates Bans Do Not Apply Retroactively,"
Advertising & State AG Alert
(November 19, 2008).
Contact: Scott L. Winkelman
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"Highlights from the CPSC's September 4, 2008 Consumer Product Safety Reform Legislation Public Meeting,"
Advertising & State AG Alert
(September 10, 2008).
Contact: Scott L. Winkelman
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"Medical Device Lawsuit Watch - February 2008,"
Medical Device Lawsuit Watch
(February 14, 2008).
Contacts: Robert L. Grabarek Jr., Scott L. Winkelman
Media Mentions
Firm News & Announcements