Cheryl A. Falvey is the co-chair of Crowell & Moring's Technology & Intellectual Property Department, a leader of its Digital Transformation initiative, and a former member of the firm’s Management Board. An experienced trial lawyer, she defends class actions, unfair competition, product liability and other mass tort claims arising out of consumer, occupational, and environmental exposures. She also provides brand and consumer protection counseling services, with a focus on product safety and security, including the Internet of Things; privacy; anti-counterfeiting; and digital media. Cheri represents a wide range of clients, from emerging companies to multinational Fortune 500 conglomerates.
A hallmark of Cheri's practice is helping clients launch innovative new products while protecting their brand and reputation, avoid and defend liability in the marketing of their products, build safety and security into their products with science-based risk assessment, and successfully navigate product safety challenges with rapid response. She represents clients on litigation and counseling matters regarding:
- Compliance with statutes and regulations enforced by the CPSC, FDA, NHTSA, and the FTC.
- Handles product recalls conducted in cooperation with NHTSA, CPSC, and FDA, and defends clients in agency enforcement actions.
- Advises manufacturers faced with the potential release of unfair and inaccurate information by the government.
- Counsels and defends clients on the sale and marketing of consumer products on the Internet, including compliance with the Children's Online Privacy Protection Act, the FTC's Green Guides, and state and federal privacy laws.
Prior to joining Crowell & Moring, Cheri served as the general counsel of the CPSC. In that capacity, she oversaw all federal court litigation, including civil and criminal cases referred by the Commission to the Department of Justice. Her tenure at the CPSC included advising the agency on the implementation of the Consumer Product Safety Improvement Act, a sweeping change to its statutes that had an impact across diverse industry sectors.
Cheri serves as co-chair of the American Bar Association’s Internet of Things Committee, Science & Technology Law Section. She was named to the National Law Journal's 2014 list of Governance, Risk & Compliance Trailblazers & Pioneers. Prior to joining the CPSC, Cheri had over 20 years of private practice experience as a partner with another international law firm where she chaired the firm's D.C. litigation practice.
Representative Matters
Representative Litigation Matters
- Defense of automobile manufacturer in a class action alleging security vulnerability that makes the cars susceptible to third-party hackers.
- Defense of a food manufacturer in class action and consumer protection cases involving allegations of misleading labeling of product ingredients.
- Defense of a national fast food retailer in class action alleging consumer fraud in the marketing of foods as trans fat free.
- Defense of cell phone manufacturers in MDL class actions and mass tort cases — one related to alleged defects in call processing technology, and another involving product liability allegations that cell phones caused plaintiffs' brain cancer.
- Defense of multiple CPSC agency enforcement actions alleging failure to report alleged defect in recalled products.
- Prosecution of indemnification claim regarding liability for alleged chronic beryllium disease contracted by dental technicians during use of dental alloys manufactured using beryllium.
- Defense of patent infringement case regarding various methods of streaming audio content over the internet in connection with online radio service; case settled after several weeks of trial in federal court in Corpus Christi, Texas.
- Prosecution of Lanham Act false advertising and trademark infringement case involving the marketing and sale of exchanged traded funds.
- Defense of a South Carolina Deceptive Trade Practices Act claim that grocery stores conspired to refuse to sell barbecue sauce because of client's political position regarding the removal of the South Carolina flag from the state house.
- Defense of toxic tort litigation regarding client's catalyst products and allegations related to lung disease caused by exposures in the Virgin Islands and successfully developed sophisticated intermediary defense.
- Defense of refinery in cases alleging community exposures to chemicals as a result of refinery explosion releasing hydrofluoric acid; tried bellwether case to defense verdict and settled remaining cases.
- Dismissal on summary judgment after argument in New York State Appellate Division of worker claims of negligence, strict product liability, breach of warranty, and fraud regarding talc exposures in defendant's mining operations.
- Prosecution of breach of contract, product liability, false advertising and unfair competition claims on behalf of a consumer product manufacturer against a home shopping network.
- Prosecution of an injunction proceeding for industrial product manufacturer against a competitor for trade secret misappropriation and patent infringement in the Western District of Virginia; case settled favorably after court granted motion for preliminary injunction.
- Prosecution of a challenge to EPA rulemaking on chemical issues for failing to provide due process as required under the Administrative Procedure Act.
Representative Counseling Matters
- Advising several international consumer product manufacturers and retailers with regard to upgrading compliance and crisis management plans, including its call center processing and data collection efforts, to enhance safety and compliance programs and ensure timely reporting of safety-related matters to the CPSC, FDA, and NHTSA.
- Counseling a consumer electronics manufacturer and retailer with regard to the launch of a children's product, including testing and certification requirements, required product labels, product manuals, and warnings with regard to product use.
- Advising a consumer electronics manufacturer regarding interconnectivity of products on the Internet of Things, including security and interference testing, FTC and FCC expectations, and warranties, warnings, and disclaimers.
- Counseling a bicycle manufacturer with regard to defect analysis on both bicycle components and bicycle helmet compliance and CPSC reporting issues and recalls.
- Advising a toy manufacturer on advertising product features to children and alleged misrepresentations on product packaging.
- Reporting choking hazards to the CPSC on behalf of several clients, including a juvenile products manufacturer of infant child care articles and a toy manufacturer.
- Responding to FTC investigation of Made in America claims with regard to products sold for both consumer and government use and advising on process improvements to ensure compliance.
- Advising a fashion retailer on FTC textile and country of origin labeling, faux fur requirements, and requirements with regard to state green chemistry laws.
- Negotiating voluntary corrective action plans with the CPSC and NHTSA with regard to consumer products and automotive components and accessories.
- Counseling on anti-counterfeiting issues and CPSC compliance issues with regard to components of consumer electronics products, including lithium ion batteries and battery cells, chargers warranty terms, and service contract arrangements with regard to the sale of building products and consumer products.
- Advising a fashion retailer in connection with CPSC investigation into alleged violations of the federal flammability requirements.
- Responding to FTC inquiries and related regulatory counseling regarding product advertising and labeling issues, including biodegradability claims, slack fill packaging, Made in America, and "up to" claims.
- Counseling on whether after-sale complaints trigger reporting obligations at CPSC, FDA, or NHTSA, including analysis of acute hazards, such as fire and mechanical failures, and chronic issues, such as exposure to mold or the chemicals used in production of the products.
- Counseling on warranty terms and service contract arrangements and transferability with regard to the sale of building products and consumer products.
- Advising automobile manufacturers regarding privacy compliance, including in connection with the incorporation of cameras on dashboards and the black box information collected and stored in automotive equipment.
- Representing a manufacturer of computers and telecommunications equipment regarding privacy and data breach issues when refurbished products allegedly were not wiped clean and subsequently resold online.
- Advising a health care provider regarding a network intrusion and security breach, coordinating internal investigation and disclosure in accordance with federal and state privacy laws.
- Counseling a major retailer on the terms and conditions of rewards and gift card programs, including issues related to data collection, privacy, and state escheat laws.
- Counseling an online marketing firm on compliance with sweepstakes and intellectual property laws regarding an Internet contest in which participants submitted an original recording of a song in order to win a prize.
- Counseling of a major grocery store chain in regard to its annual sweepstakes contests, including drafting of the official rules and review of print, radio, television, and Internet advertisements.
- Counseling a national retail chain regarding compliance with COPPA and state sweepstakes laws applicable to a children's art contest involving selection of the artwork to be used on a charitable organization's yearly holiday card.
Insights
Speeches & Presentations
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"Internet of Things 2022: Everything Is Connected," Practicing Law Institute Webinar, 2022.
(May 13, 2022).
Speaker: Cheryl A. Falvey.
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"Combatting Common Misperceptions on the CPSC Reporting Requirements: A Legal Toolkit to Help Avoid Enforcement Penalties," ICPHSO Annual Symposium, National Harbor, MD.
(February 16, 2022).
Speaker: Cheri Falvey.
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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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"U.S. Regulatory and Legal Risks Raised by the Sale of IoT Products," Lexology Webinar.
(December 16, 2021).
Speakers: Cheryl Falvey, Kristin Madigan, and Kate Growley.
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"Protecting the Confidentiality of Submissions to Federal Regulators," Retail Law Conference 2021
(October 26, 2021).
Speaker: Cheryl A. Falvey.
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"CPSC Recall Trends, Communications and Recall Effectiveness," Retail Industry Leaders Association Consumer Products Committee Virtual Meeting
(October 5 - 6, 2021).
Speakers: Cheryl A. Falvey and Carolyn W. Wagner
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"The Consumer Product Safety Commission—An Agency in Transition," Crowell & Moring Webinar
(March 30, 2021).
Presenters: Cheryl A. Falvey and Matthew Cohen.
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"SolarWinds and Navigating Uncertain and Evolving Threats," Crowell & Moring Webinar
(December 21, 2020).
Presenters: Cheryl A. Falvey, Evan D. Wolff, and Matthew B. Welling.
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"What legal challenges are presented by availability of a COVID vaccine?" Crowell & Moring Webinar
(December 10, 2020).
Speakers: Cheryl A. Falvey, John Fuson, Thomas P. Gies, and Katie Erno.
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"What Lessons Can Be Learned from Food and Drug Administration Activity in 2020, and How Can Manufacturers of COVID Countermeasures Reduce Risk and Optimize Opportunities?" Crowell & Moring Webinar
(December 7, 2020).
Presenters: Cheryl A. Falvey, John Fuson, Lauren Aronson, Chalana N. Damron, and Hilary Johnson.
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"Creating Tomorrow: Digitization of Retail and Consumer Products - How the Pandemic Will Accelerate Change," Crowell & Moring Webinar
(November 12, 2020).
Presenters: Cheryl A. Falvey and Ilana Lubin.
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"Courting Trouble? How IOT Attracts Litigation and Liability," Internet of Things (IoT) 2020 Virtual National Institute
(September 16, 2020).
Presenter: Cheryl A. Falvey.
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"Agency Alphabet Soup: CDC, CBP, CPSC, DOT, EPA, FDA, FTC, OSHA, TSA The Who. The What. The Why." Promotional Products Association International (PPAI) Virtual Product Responsibility Summit
(September 14, 2020).
Presenter: Cheryl A. Falvey.
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"Who’s the regulator? What’s the rule?: Navigating the Regulatory Alphabet Soup." Retail Industry Leaders Association's Consumer Products Committee Meeting
(September 10, 2020).
Presenter: Cheryl A. Falvey.
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"Reopening and COVID-19 Workplace Litigation To Date: Lessons Learned and Practical Advice to Position Your Company to Mitigate Risk," Crowell & Moring Webinar
(July 14, 2020).
Presenters: Cheryl A. Falvey, Thomas P. Gies, and Chalana N. Damron.
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"IoT Litigation – Identifying and Mitigating Risk," Internet of Things 2020: Everything is Connected NY Webinar
(May 20, 2020).
Presenter: Cheryl A. Falvey.
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"The Revolving Door of Autonomous Vehicle Talent: Managing Employee Access to Trade Secrets & Facilitating Robust Investigation of Safety Issues," Crowell & Moring Webinar
(May 12, 2020).
Presenters: Cheryl A. Falvey, Rukiya Mohamed, and Paul C. Mathis.
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"Re-opening Your Business During A Pandemic – A Morass of Legal and Practical Issues To Consider," Crowell & Moring Webinar
(April 21, 2020).
Presenters: Trina Fairley Barlow, Jodi G. Daniel, Ellen Moran Dwyer, Cheryl A. Falvey, John Fuson, Thomas P. Gies, Kate M. Growley, and Nicole Janigian Simonian.
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"Recalls Gone Wrong," PLAC Webinar
(April 10, 2019).
Panelist: Cheryl A. Falvey.
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"Courting IoT: The Latest IoT Litigation and Liability Issues," ABA IoT National Institute
(March 28, 2019).
Speaker: Cheryl A. Falvey.
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"Courting IoT: The Latest IoT Litigation and Liability Issues," ABA’s 4th Annual IoT National Institute, Washington, D.C.
(March 28, 2019).
Panelist: Cheryl A. Falvey.
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"What the CPSC Looks for When Dealing with Recreational Products," 2019 DRI Product Liability Conference, Austin, TX
(February 6, 2019).
Presenter: Cheryl A. Falvey.
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"The Internet of Things: Everything Will Be Connected," ABA Webinar
(January 14, 2019).
Panelist: Cheryl Falvey.
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"Cataclysmic Change or Business as Usual: Product Regulation in the Trump Administration," Product Liability Advisory Council Webinar
(October 25, 2018).
Speakers: Cheryl A. Falvey, John Fuson, and Peter B. Miller.
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"Seminar: Consumer Products 101," 2018 Retail Law Conference, Austin, TX
(October 11, 2018).
Panelist: Cheryl A. Falvey.
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"Brave New World: How New and Emerging Technologies Are Changing the Class Action Landscape," ABA - 5th Annual Western Regional CLE Program on Class Actions and Mass Torts, San Francisco, CA
(June 22, 2018).
Presenter: Cheryl A. Falvey and Josh Thomas Foust.
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“Developments under the Consumer Product Safety Act and Consumer Litigation,” HCPA’s IMPACT2018 Mid-Year Meeting, Washington, D.C.
(May 17, 2018).
Presenters: Cheryl A. Falvey and Matthew Cohen.
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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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"Speed to Market: The Race for Digital Transformation," Crowell & Moring Webinar
(May 3, 2018).
Presenters: Kent A. Gardiner, Cheryl A. Falvey, Paul Rosen, Laura Foggan, and Kristin J. Madigan.
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"Turf Wars: Science vs Fear, A Field of Dreams or a Real Nightmare," Webinar
(July 27, 2017).
Presenters: Cheryl A. Falvey and William L. Anderson.
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"IoT Litigation and Liability Wake-Up Call," Second Internet of Things (IoT) National Institute, Washington, D.C
(May 11, 2017).
Presenters: Cheryl A. Falvey, Clifford J. Zatz and Kristin J. Madigan.
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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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"Practical Lessons In Identifying Risk, Using Effective Tools to Manage It, and Using Data to Meet Regulatory Obligations - In Other Words, How to Stay Out of Trouble!" ICPHSO 2017 Annual Meeting and Training Symposium, Orlando, FL
(February 22, 2017).
Presenter: Cheryl A. Falvey.
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"Recent Developments in Food Class Action Litigation," Perrin Conferences - Food & Beverage Litigation Conference, New York, NY
(October 18, 2016).
Presenter: Cheryl A. Falvey.
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"Legal Careers in Cybersecurity, Privacy, and Information Law: An Evening of Networking and Discussions with the Experts on How They Arrived," American Bar Association Cross-Section Program
(October 13, 2016).
Moderators: David Z. Bodenheimer and Kate M. Growley. Speaker: Cheryl A. Falvey.
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"American Horror Stories…W-D Liability in Product Recalls," National Association of Wholesalers-Distributors Billion Dollar CLO Roundtable, Chicago, IL
(May 4, 2016).
Presenters: Cheryl A. Falvey and Natalia R. Medley.
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"IoT on Trial: Mass Torts, Class Actions, and Theories of Liability," ABA-National Institute on the Internet of Things, Washington, D.C.
(March 31, 2016).
Presenter: Cheryl A. Falvey.
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Bloomberg BNA - What You Need to Know When Developing Smart Apparel, Webinar
(March 24, 2016).
Presenters: Cheryl A. Falvey and Lisa A. Adelson.
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“Anatomy of a Product Safety Crisis,” International Consumer Product Health & Safety Organization (ICPSHO)’s Annual Meeting & Training Symposium, Washington, D.C.
(March 1, 2016).
Moderator: Cheryl A. Falvey.
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"The Regulatory Framework of Labeling and Disclosure," Federal Bar Association's 2016 Fashion Law Conference, New York, NY
(February 12, 2016).
Presenters: Cheryl A. Falvey and Frances P. Hadfield.
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"U.S. Consumer Product Safety Commission (CPSC) - A View From the Top," SFIA Product Liability & Risk Management Summit, New Orleans, LA
(February 2, 2016).
Moderator: Cheryl A. Falvey.
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"Keeping Up With the U.S. Consumer Product Safety Commission (CPSC): Current Expectation & Trends," SFIA Product Liability & Risk Management Summit, New Orleans, LA
(February 1, 2016).
Presenter: Cheryl A. Falvey.
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"It’s All Connected: Minimizing Litigation and Regulatory Risk on the Internet of Things," 27th Annual All Hands Meeting, Santa Clara, CA
(October 28-29, 2015).
Presenters: Cheryl A. Falvey and Gregory D. Call.
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"The Fusion of Fashion & Technology: The Emerging Legal Landscape for the Fashion Industry in the Digital Media Age," Crowell & Moring and U.S. Fashion Industry Association, Webinar
(October 20, 2015).
Panelists: Cheryl A. Falvey, Lora A. Moffatt and Frances P. Hadfield.
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"Four Practical Tips to Succeed in the Cybersecurity & Privacy Law Market," Legal Careers in Cybersecurity, Privacy & Information Law, ABA Section of Science & Technology Law, Washington, D.C.
(October 14, 2015).
Moderator: David Z. Bodenheimer; Presenters: Angela B. Styles and Cheryl A. Falvey.
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"Building a Compliance Program," 2015 Advanced Product Safety Management Course, St. Louis, MO
(September 30, 2015).
Presenter: Cheryl A. Falvey.
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"Who's The Regulator? What's The Rule?" and "What's A Reg? What's A Standard? And What's The Difference?," Promotional Products Association International Product Safety Summit 2015, Bethesda, MD
(September 29, 2015).
Presenter: Cheryl A. Falvey.
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"New Rules of Digital Marketing - Avoiding the Legal & Regulatory Pitfalls," Women's Wear Daily and Crowell & Moring, New York, NY
(September 16, 2015).
Presenters: Cheryl A. Falvey, David Ervin, and Lauren Chesterman (Ralph Lauren Corporation).
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"Who's the Regulator? What’s the Rule?" ICPHSO's Spring Symposium, Wayne, NJ
(June 18, 2015).
Presenter: Cheryl A. Falvey.
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"SFIA's Latest on the CPSC and How to Effectively Address Its Rulings," Sports & Fitness Industry Association (SFIA) Webinar
(June 4, 2015).
Presenter: Cheryl A. Falvey.
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"It's All Connected - Litigation Risks on the Internet of Things," Crowell & Moring's Corporate Counsel Litigation Forum Webinar Series
(March 24, 2015).
Presenters: Cheryl A. Falvey, Elliot Golding, Lora A. Moffatt, and Carolyn W. Wagner.
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"Privacy, Security, and the Internet of Things: The Looming Crisis," ABA live Webinar
(March 10, 2015).
Presenter: Cheryl A. Falvey.
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"Retailers as Regulators: Working with Retailers to Create Sustainable Cosmetics Products," ACI's 2nd Annual Legal, Regulatory and Compliance Forum on Cosmetics, New York, NY
(March 2-4, 2015).
Presenter: Cheryl A. Falvey.
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"An Exposé on the Internet of Things Impact on Individual Industries," ICPHSO 2015 Annual Meeting, Orlando, FL
(February 26, 2015).
Presenter: Cheryl A. Falvey
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"Product Safety Letter's Green Chemistry - Product Safety Update," Crowell & Moring Webinar
(February 18, 2015).
Presenter: Cheryl A. Falvey.
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"The Fusion of Fashion and Technology: The Emerging Legal Landscape for the Fashion Industry in the Digital Media Age," Crowell & Moring and Volunteer Lawyers of the Arts Program, New York, NY
(February 17, 2015).
Moderator: Preetha Chakrabarti; Speakers: Cheryl A. Falvey and Lora A. Moffatt.
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"Current Expectations and Trends Related to Consumer Product Safety Commission (CPSC) Recalls," 2015 SFIA Litigation & Risk Management Summit, Las Vegas, NV
(February 2-3, 2015).
Speaker: Cheryl A. Falvey.
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"Retailers as Regulators: Working with Retailers to Create Sustainable Cosmetics Products," ACI's 2nd Annual Legal, Regulatory, and Compliance Forum on Cosmetics, New York, NY
(January 27-28, 2015).
Presenter: Cheryl A. Falvey.
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"Planning for Litigation in the Midst of a Recall," ABA Women in Products Liability and The Women of the Section of Litigation: Leading, Litigating & Connecting, Chicago, IL
(November 5-7, 2014).
Presenter: Cheryl A. Falvey.
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"CPSC Voluntary Product Recall Update," Sports & Fitness Industry Association (SFIA) Webinar
(October 23, 2014).
Presenter: Cheryl A. Falvey.
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"Advertising Practices: Social Media, Endorsements & Overstock," 2014 Retail Law Conference, Charlotte, NC
(October 15-17, 2014).
Presenters: Cheryl A. Falvey, Christopher A. Cole, and David Ervin.
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"Current Trends at the CPSC: Penalty Investigations, Information Disclosure and Administrative Litigation," AHAM 2014 Product Safety & Liability Seminar, Arlington, VA
(September 30, 2014).
Presenter: Cheryl A. Falvey.
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"Retailer as Regulator: Sustainable Chemistry Initiatives Defining Product Composition," International Fragrance Association
(September 29, 2014).
Presenters: Cheryl A. Falvey and Laura Jastrem Walther.
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"Building a Scalable Compliance Program for a Small Business," PPAI Promotional Products Industry Product Safety Summit
(August 13, 2014).
Keynote Speaker: Cheryl A. Falvey.
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"Retailer as Regulator: Sustainable Chemistry Initiatives Defining Product Composition," 2014 AAFA Product Safety Council Meeting
(July 29, 2014).
Presenter: Cheryl A. Falvey.
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"The Regulatory Challenges and Litigation Risks of Green Chemistry Initiatives: The Phthalates Example," Flexible Vinyl 25th Annual Compounders Conference, Williamsburg, VA
(July 15, 2014).
Presenter: Cheryl A. Falvey.
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"Navigating the New Regulatory Landscape: Developments in Consumer Protection, Advertising and Privacy at the Agencies and in the Courts," Association of Corporate Counsel, Southern California
(June 26, 2014).
Presenters: Steven D. Allison and Cheryl A. Falvey.
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"Consumer Products Regulation & Litigation," ACI 2nd Annual Summit, Chicago, IL
(June 11-12, 2014).
Co-Chair: Cheryl A. Falvey.
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"The Regulatory Environment: Consumer Product Safety Improvement Act of 2008" and "Reflections of 2 Former CPSC General Counsels," Regulatory Compliance Workshop, Saint Louis University, John Cook School of Business – Center for Supply Chain Management
(May 21, 2014).
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"Overview & Guidance to New Proposed Mandatory CPSC Voluntary Product Recall Regulations," SFIA Legal Task Force Thought Leadership Webinar
(March 27, 2014).
Panelist: Cheryl A. Falvey.
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"6(b) Information Disclosure - CPSC's Coming Changes," Product Safety Letter Webinar
(March 19, 2014).
Presenter: Cheryl A. Falvey.
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"California's Safer Consumer Products Regulation: Are You Ready? Technical and Legal Strategies to Prepare Now!" Webinar
(March 13, 2014).
Presenters: Cheryl A. Falvey and Monica M. Welt.
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"CPSC/ABA - Afternoon Plenary Panels - Important Legal Developments/Updates," ICPHSO's 2014 Annual Meeting and Training Symposium
(February 25-28, 2014).
Speaker: Cheryl A. Falvey.
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"Prop 65...It Changes Everything," 2014 Casual Living Conference, Orlando, FL
(February 20, 2014).
Presenter: Cheryl A. Falvey.
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"How Will the New California Regulations Impact Your Business? Safer Consumer Products in California," American Cleaning Institute, Orlando, FL
(January 29, 2014).
Presenter: Cheryl A. Falvey.
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"Retailers as Regulators: Working With Retailers to Create Sustainable Cosmetics Products," ACI's 2nd Annual Legal, Regulatory, and Compliance Forum on Cosmetics, New York, NY
(January 26-28, 2014).
Presenter: Cheryl A. Falvey.
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"Navigating the New Consumer Product Regulatory Landscape," RILA's Retail Law Conference 2013, Phoenix, AZ
(October 17, 2013).
Presenters: Cheryl A. Falvey and Jennifer S. Romano.
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"September Consumer Protection Update," ABA Section of Antitrust Law, Consumer Protection, Private Advertising Litigation, Privacy and Information Security, and Corporate Counseling Committees Webinar
(September 20, 2013).
Panelists: Christopher A. Cole, Cheryl A. Falvey, and Michael L. Kuppersmith.
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"3rd Safer Consumer Products Summit: National Policy Outlook," Almas Temple Club, Washington, D.C.
(September 17-19, 2013).
Panelist: Cheryl A. Falvey.
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"Changes in U.S. Chemical Laws: Impacts of TSCA Modernization," Crowell & Moring Webinar
(September 4, 2013).
Presenters: Cheryl A. Falvey, Warren Lehrenbaum, John Phillips, and Josh Tzuker.
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"Cyber Nightmares in the Law Office - Why Law Firms & General Counsels Must Care: Firsthand Experiences in Handling (and Surviving) Data Security Attacks," American Bar Association Section of Science and Technology, Annual Meeting, San Francisco, CA
(August 10, 2013).
Moderator: David Z. Bodenheimer, Panelist: Cheryl A. Falvey, Mary E. Galligan, Retired SAC of Special Operations/Cyber Division, Rich McClain, Hunton & Williams, Peter McLaughlin, Morrison & Foerester.
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"How to Comply with the FTC's Green Guides," ACI's 3rd Advanced Regulatory and Compliance Summit of Food & Beverage Marketing and Advertising, Washington, D.C.
(July 18, 2013).
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"Minimizing Company Harm from No Injury Class Actions—How Regulatory Enforcement Fuels Class Actions," "View from the Bench: The Judicial Perspective of Trying a Products Liability Case from Administering Multi-District Litigation, Controlling Discovery and Motions Practice to the Trial Phase and Settlement," American Conference Institute, Consumer Products Regulation & Litigation Seminar
(June 26-27, 2013).
Presenter, Moderator, and Co-Chair: Cheryl A. Falvey.
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"Strategies for Success at the CPSC," Outdoor Power Equipment Association, Annual Meeting 2013, Williamsburg, VA
(June 19, 2013).
Presenter: Cheryl A. Falvey.
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"Hot Topics at the CPSC: Administrative Actions, Compelled Compliance Programs, and the CPSC Public Database," Product Liability Advisory Council, Spring Meeting, Colorado Springs, CO
(April 25, 2013).
Presenters: Cheryl A. Falvey, Commissioner Robert S. Adler, Former Commissioner and Congresswoman Anne M. Northup.
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"The CPSC's Publicly Searchable Database," Section of Litigation Roundtable Webinar
(April 11, 2013).
Presenters: Cheryl A. Falvey; Scott Michelman (Public Citizen).
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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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"What is Happening at the CPSC?: Making Sense of the Enforcement Activity and Administrative Cases"
(April 2, 2013).
Presenter: Cheryl A. Falvey.
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"Designing Safety Into Your Product from the Start," Staying Afloat When Your Brand is Under Pressure: How to Avoid, Mitigate and Manage Product Crises, Crowell & Moring, Washington, D.C.
(March 19, 2013).
Presenter: Cheryl A. Falvey.
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"Consumer Protection and What Obama's 2nd Term Means to Your Business (Including Advertising; Data/Privacy Protection; Product Safety & More)," Association of Corporate Counsel San Francisco Bay Area Chapter, San Francisco and Palo Alto, CA
(February 12-13, 2013).
Presenters: Bridget E. Calhoun; Christopher A. Cole; Cheryl A. Falvey; John Fuson.
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"State of the Art of Endocrine Disruptor Science, Regulation and Litigation," Webinar
(November 20, 2012).
Presenters: Cheryl A. Falvey, Clifford J. Zatz, (with James C. Lamb IV, Ph.D., DABT, Principal Scientist, Exponent; Barbara H. Neal, DABT, Senior Managing Scientist, Exponent).
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"Understanding U.S. Product Safety Apparel Requirements and Risk-Based Targeting at the Border," Canadian Apparel Federation Webinar
(October 17, 2012).
Presenters: Bridget E. Calhoun, Cheryl A. Falvey, Natalia R. Medley and Jini Koh.
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"International Regulatory Cooperation and Incorporation by Reference of Voluntary Standards," U.S. Chamber of Commerce, ACUS Recommendations Implementation Summit, Washington, D.C.
(May 2012).
Panel Member: Cheryl A. Falvey.
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"Xie Xie: Thanks for Using our Chinese Drywall...and our Toxic Toys, Importing Products from China Implications for Quality and Safety," ABA Section of Litigation, Annual CLE Conference, Washington, D.C.
(April 2012).
Panel Member: Cheryl A. Falvey.
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"Civil Penalties," International Consumer Product Health and Safety Organization, Annual Meeting, Orlando, FL
(March 2012).
Panel Member: Cheryl A. Falvey.
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"Current Developments in Products Safety: Implications for the Supply Chain," Retail Industry Leaders Association, Retail Law Conference, Chicago, IL
(November 2011).
Presenter: Cheryl A. Falvey.
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"CPSC's New Public Database," Defense Research Institute, Product Liability Conference, New Orleans, LA
(April 2011).
Presenter: Cheryl A. Falvey.
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"Compliance with the CPSIA," Sporting Goods Manufacturers Association Litigation and Risk Management Summit, New Orleans, LA
(April 2011).
Presenter: Cheryl A. Falvey.
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"The CPSC's New Public Database" and "Mock Jury Exercise, CPSC Penalties for Late Reporting," International Consumer Product Health and Safety Organization, Annual Meeting, CPSC Day, Orlando, FL
(February 2011).
Panel Member: Cheryl A. Falvey.
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"Update on CPSIA Implementation," Consumer Specialty Products Association, CSPA Annual Conference, Bethesda, MD
(September 2010).
Presenter: Cheryl A. Falvey.
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"Third Party Conformity Assessment and Certification and the Drugstore Distribution Chain," Healthcare Distribution Management Association 2010 Distribution Management Conference, Baltimore, MD
(March 2010).
Presenter: Cheryl A. Falvey.
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"Status of CPSIA Implementation," International Consumer Product Health and Safety Organization, Annual Meeting, CPSC Day, Washington, D.C.
(February 2010).
Presenter: Cheryl A. Falvey.
-
"The First 365 Days of the Administration CPSIA and the Brave New World of Consumer Product Regulation," International Association of Defense Counsel, Naples, FL
(February 2010).
Presenter: Cheryl A. Falvey.
-
"Imported Product Safety: Developing Customized Controls to Meet Higher Safety Standards," American Conference Institute, Washington, D.C.
(October 2009).
Panel Member: Cheryl A. Falvey.
-
"How CBP and CPSC are Enforcing the New Rules," American Conference Institute, Washington, D.C.
(April 2009).
Panel Member: Cheryl A. Falvey.
-
"Reflections on the Regulatory Policy Embraced in the CPSIA: Predictions on the Implication for Food Safety," FDLI & FDA 52nd Annual Conference, Washington, D.C.
(April 2009).
Presenter: Cheryl A. Falvey.
-
"Update on Implementation of the Consumer Product Safety Improvement Act," Spriggs and Hollingsworth, 21st Annual Seminar on Toxic Torts and Pharmaceutical Litigation
(April 2009).
Presenter: Cheryl A. Falvey.
-
"A Look at Reform in Foreign Jurisdictions by Learning from the U.S. Experience," Lawyers for Civil Justice, Canadian Embassy, Washington, D.C.
(April 2009).
Presenter: Cheryl A. Falvey.
-
"New Regulatory Requirements under the CPSIA," International Consumer Product Health and Safety Organization, Annual Meeting, CPSC Day
(February 2009).
Presenter: Cheryl A. Falvey.
-
"Analyzing and Handling a Product Recall," Women in Products Liability, Ninth Annual Regional CLE, New York
(November 2008).
Presenter: Cheryl A. Falvey.
-
"Marketing: Winning the Prize," Association of Corporate Counsel, ACC's Annual Meeting
(October 2005).
Panel Member: Cheryl A. Falvey.
Publications
-
"“Wiping the Slate Clean”— CPSC Commissioners Signal Higher Penalties to Come in Wake of Vornado Penalty Resolution," Crowell & Moring’s Retail & Consumer Products Law Observer
(July 12, 2022).
Authors: Cheryl A. Falvey, Matthew Cohen and Jessica D. Gilbert.
-
"Product Recall Notification Legislation Reintroduced in Congress," Crowell & Moring’s Retail & Consumer Products Law Observer
(July 16, 2021).
Authors: Cheryl A. Falvey, Matthew Cohen and Jessica D. Gilbert.
-
"CPSC Publishes Report on Artificial Intelligence and Machine Learning," Crowell & Moring’s Retail & Consumer Products Law Observer
(June 3, 2021).
Authors: Cheryl A. Falvey, Monty Cooper and Jessica D. Gilbert.
-
"New Proposed Legislation to Prevent Furniture Tip-Over," Crowell & Moring’s Retail & Consumer Products Law Observer
(March 4, 2021).
Authors: Cheryl A. Falvey, Carolyn W. Wagner and Jessica D. Gilbert.
-
"PREP Act Protections For COVID-19 Vaccine Liability," Pharmaceutical Executive
(January 11, 2021).
Authors: Cheryl A. Falvey, Chalana N. Damron, Hilary Johnson, Mariam Sarwar.
-
"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.
-
Micromobility Whitepaper
(December 17, 2020).
Authors: Cheri Falvey, Scott Winkelman, Rebecca Chaney, Carolyn Wagner, Matt Cohen, Mariam Sarwar, Colleen Johnson
-
"Lithium Batteries: Mitigating Risks and Executing Recalls When Needed," Crowell & Moring’s Retail & Consumer Products Law Observer
(October 16, 2020).
Authors: Matthew Cohen, Cheryl A. Falvey and Jennifer A. Giblin.
-
"Key Regulatory Concerns For Cos. Making COVID-19 Products," Law360
(September 22, 2020).
Authors: Cheryl A. Falvey, John Fuson, and Mariam Sarwar.
-
"Who is the regulator? What is the rule?: Navigating the Alphabet Soup of COVID-19 Product Requirements," Crowell & Moring’s Retail & Consumer Products Law Observer
(September 11, 2020).
Authors: Cheryl A. Falvey, John Fuson and Mariam Sarwar.
-
"INSIGHT: Blockchain Can Be Ally In Race For Covid-19 Vaccine, Safety," Bloomberg Law
(August 31, 2020).
Authors: Cheryl A. Falvey, Michelle Ann Gitlitz, and John Fuson.
-
"Blockchain & the Retail Industry: Product Safety and Counterfeiting Use Cases," Crowell & Moring’s Retail & Consumer Products Law Observer
(July 24, 2020).
Authors: Michelle Ann Gitlitz, Cheryl A. Falvey and Justin Porter.
-
"May 2020: CPSC Update," Crowell & Moring’s Retail & Consumer Products Law Observer
(May 18, 2020).
Author: Cheryl A. Falvey.
-
"Executing Product Safety Recalls In The Age of COVID-19," Law360
(April 16, 2020).
Authors: Cheryl A. Falvey, and Matthew Cohen.
-
"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.
-
"Executing Product Safety Recalls in the Age of COVID-19," Crowell & Moring's Retail & Consumer Products Law Observer
(March 30, 2020).
Authors: Cheryl A. Falvey and Matthew Cohen.
-
"CPSC Acting Chairman Adler: Renew Unilateral Safety Warnings and Civil Penalties," Crowell & Moring's Retail & Consumer Products Law Observer
(February 28, 2020).
Authors: Matthew Cohen, Cheryl A. Falvey and Carolyn W. Wagner.
-
"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.
-
"A Tangled Web: How the Internet of Things and AI Expose Companies to Increased Tort, Privacy, and Cybersecurity Litigation," Crowell & Moring's Litigation Forecast 2020
(January 22, 2020).
Contributors: Jeffrey L. Poston, Cheryl A. Falvey, Evan D. Wolff, Paul M. Rosen, Jennifer S. Romano, Kristin J. Madigan, Gabriel M. Ramsey, and Laurence Winston.
-
"Solving for Stupid: How Far should the CPSC Stretch to Address Foreseeable Misuse," Crowell & Moring's Retail & Consumer Products Law Observer
(December 11, 2019).
Authors: Cheryl A. Falvey, Carolyn W. Wagner and Matthew Cohen.
-
"Navigating the Definition of Consumer Product: How Broad is the CPSC’s Regulatory Reach?" Crowell & Moring's Retail & Consumer Products Law Observer
(July 1, 2019).
Authors: Cheryl A. Falvey, Jessica D. Gilbert and Rachael Padgett.
-
"New Technology is the New Wave in Consumer Protection: Is Your Company Ready?" Crowell & Moring's Retail & Consumer Products Law Observer
(June 11, 2019).
Authors: Cheryl A. Falvey, Carolyn W. Wagner and Jessica D.Gilbert.
-
"Straightening Your CAP After a Recall – Tips for Following a Corrective Action Plan," Crowell & Moring's Retail & Consumer Products Law Observer
(March 21, 2019).
Author: Cheryl A. Falvey.
-
"Trade Winds: How Global Businesses Are Navigating Trade, Tariffs, and the Uncharted Waters Ahead," Crowell & Moring's Regulatory Forecast 2019
(February 27, 2019).
Contributors: Ambassador Robert Holleyman, David R. Stepp, Cheryl A. Falvey, Frederik Van Remoortel, Teresa Stanek Rea, Carlton Greene, and John B. Brew.
-
"Government Shutdown Does Not Postpone Product Safety Reporting Obligations," Crowell & Moring's Retail & Consumer Products Law Observer
(January 4, 2019).
Authors: Cheryl A. Falvey and Carolyn W. Wagner.
-
"NIST Surveys and Assesses Broad Landscape of IoT Cybersecurity Standards in Interagency Report," Crowell & Moring's Data Law Insights
(December 26, 2018).
Authors: Cheryl A. Falvey, Gabriel M. Ramsey, Kate M. Growley, CIPP/G, CIPP/US, and Paul C. Mathis.
-
"New Internet of Things (IoT) NIST Draft Publication Provides Welcomed Guidance," Crowell & Moring's Data Law Insights
(October 17, 2018).
Authors: Cheryl A. Falvey, Kate M. Growley and Michael G. Gruden.
-
"Autonomous Vehicle Incidents: Who's Liable?" Automotive News
(October 1, 2018).
Authors: Cheri A. Falvey, Laura Foggan, and Elaine A. Panagakos.
-
"Report Highlights Challenges Of Partial Vehicle Automation," Law360
(September 11, 2018).
Authors: Laura Foggan, Cheryl A, Falvey, Jeffrey C. Selman, Jonathan M. Lindsay, and Kathryn L. Cervon.
-
"Check Your Spam Filters!: CPSC Has Automated FOIA Communications," Crowell & Moring's Retail & Consumer Products Law Observer
(May 9, 2018).
Authors: Cheryl A. Falvey, Carolyn W. Wagner and Matthew Cohen.
-
"CPSC Reaction To Consumer Misuse May Cost Companies," Law360
(May 3, 2018).
Authors: Cheryl A. Falvey, and Stephanie L. Crawford.
-
"CPSC Reaction to Consumer Misuse – Human Factors Design Process," Crowell & Moring's Retail & Consumer Products Law Observer
(April 19, 2018).
Authors: Cheryl A. Falvey and Stephanie L. Crawford.
-
"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.
-
"Data, Data Everywhere – Positioning Your Company to Survive and Thrive in the Data Revolution," Crowell & Moring's Litigation Forecast 2018
(January 2018).
Contributors: Cheryl Falvey, Paul Rosen, Cari Stinebower, Ryan Tisch, and Kent Goss.
-
"Report on the Autonomous Vehicle Safety Regulation World Congress 2017," Crowell & Moring's Retail & Consumer Products Law Observer and Crowell & Moring's Data Law Insights
(October 26, 2017).
Authors: Cheryl A. Falvey and Chahira Solh.
-
"Dueling Interests at CPSC and FDA “Deem” E-cigarette Battery Safety a Priority," Crowell & Moring's Retail & Consumer Products Law Observer
(August 25, 2017).
Authors: Cheryl A. Falvey and Lauren Bell.
-
"Government Blocks Companies from Importing and Selling Children’s Products after Alleged Non-Compliance with Product Safety Laws," Crowell & Moring's Retail & Consumer Products Law Observer
(August 23, 2017).
Authors: Cheryl A. Falvey and Matthew Cohen.
-
"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.
-
"CPSC Announces Second Civil Penalty Of Year," Crowell & Moring's Retail & Consumer Products Law Observer
(April 14, 2017).
Authors: Cheryl A. Falvey and Matthew Cohen.
-
"Safety Agencies after Trump’s “2 for 1” Executive Order: What it May Mean for Regulating the Safety of IoT and other Emerging Technologies," Crowell & Moring's Retail & Consumer Products Law Observer
(March 22, 2017).
Authors: Cheryl A. Falvey and John Fuson.
-
"Commissioner Ann Marie Buerkle Becomes Acting Chair at CPSC," Crowell & Moring's Retail & Consumer Products Law Observer
(February 10, 2017).
Authors: Cheryl A. Falvey and Matthew Cohen.
-
"Consumer Review Fairness Act of 2016 — Beware of the Negative Online Review," Crowell & Moring's Retail & Consumer Products Law Observer
(December 28, 2016).
Authors: Cheryl A. Falvey, Clifford J. Zatz, and Joseph L. Meadows.
-
"Crumb Rubber Turf Wars: The Attack on Synthetic Turf Playing Fields," Westlaw Journal Asbestos, 38 No. 17
(June 10, 2016).
Authors: William L. Anderson and Cheryl A. Falvey.
-
"CPSC Issues $15.45 Million Penalty at the Statutory Maximum," Crowell & Moring's Retail & Consumer Products Law Observer
(March 25, 2016).
Authors: Cheryl A. Falvey and Natalia R. Medley.
-
"Join C&M and other legal experts for the FBA's Fashion Law Conference," Crowell & Moring's Retail & Consumer Products Law Observer
(February 1, 2016).
Authors: Cheryl A. Falvey, Chahira Solh, and Frances Hadfield.
-
"Torts - New Technologies Reshape Product Liability," Crowell & Moring's Litigation Forecast 2016
(January 2016).
Contributor: Cheryl Falvey.
-
"California Supreme Court Rules That Federal Law Does Not Preempt State-Law Claims Over Truthfulness of 'Organic' Labels," Crowell & Moring's Retail & Consumer Products Law Observer
(December 9, 2015).
Authors: Cheryl A. Falvey and Amy E. Mersol-Barg.
-
"Risk And Reward For Industry In EPA 'Safer Choice' Label," Law360
(April 28, 2015).
Authors: Cheryl A. Falvey, Warren Lehrenbaum, Monica M. Welt, and Daniel H. Leff.
-
"Regulatory Forecast 2015: What Corporate Counsel Need to Know for the Coming Year," a Crowell & Moring LLP publication
(January 2015).
Contributor.
-
"To Connect with Consumers on the Internet of Things, Build Security Into Products from the Start," Crowell & Moring's Retail & Consumer Products Law Observer
(January 27, 2015).
Author: Cheryl A. Falvey.
-
"The FTC 'Pins' Cole Haan on Pinterest Campaign: Disclosure of Contest Driving Endorsement of Products Required," Crowell & Moring's Retail & Consumer Products Law Observer and The Secure Times, ABA Section of Antitrust Law Privacy & Information Security Committee
(April 28, 2014).
Co-Authors: Cheryl A. Falvey and Kate M. Growley.
-
"What Modernization of CSPC's Information Disclosure Rules Could Mean for Product Manufacturers," Crowell & Moring's Retail & Consumer Products Law Observer
(March 5, 2014).
Co-Authors: Cheryl A. Falvey and Natalia R. Medley.
-
"Upsetting the Confidentiality Balance?: CPSC Proposes Revisions to Its Section 6(b) Information Disclosure Regime," Washington Legal Foundation, Vol. 29, No. 4
(February 28, 2014).
Co-Authors: Cheryl A. Falvey and Natalia R. Medley.
-
"Litigation: How to Scale Back the Hazards of Regulatory Challenges and the Litigation that Follows," InsideCounsel
(February 27, 2014).
Co-Authors: Kent A. Gardiner and Cheryl A. Falvey.
-
"CPSC Voluntary Recall Rule and the Impact on Disclosure of Manufacturer Self-reports Under Section 15(b)" Crowell & Moring's Retail & Consumer Products Law Observer
(January 9, 2014).
Co-Authors: Cheryl A. Falvey, Natalia R. Medley, and Laura Jastrem Walther.
-
"Regulatory Reform Regulating Interconnectivity on the 'Internet of Things,'" New York Law Journal
(December 16, 2013).
Co-Authors: Kelly T. Currie, Cheryl A. Falvey, and Dina Epstein.
-
"'Natural' & 'Sustainable': Risks of Using Undefined Terms in Food Marketing," 35th Annual Marketing Law Conference
(November 2013).
Author: Cheryl A. Falvey.
-
"California Green-Lights Its Green Chemistry Regulations," DRI, Vol. 16, Issue 3
(November 6, 2013).
Co-Authors: Warren Lehrenbaum, Cheryl A. Falvey, Kevin C. Mayer, and Joshua Kaplowitz.
-
"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.
-
"Cybersecurity Standards and Risk Assessments for Law Offices: Weighing the Security Risks and Safeguarding Against Cyber Threats," American Bar Association Section of Science and Technology
(August 10, 2013).
Co-Authors: Cheryl A. Falvey and David Z. Bodenheimer.
-
"Legislative Proposal Announced to Repeal Requirement that Car Seats Contain Allegedly Hazardous Flame Retardant Chemicals," Crowell & Moring's Retail & Consumer Products Law Observer
(July 15, 2013).
Author: Cheryl A. Falvey.
-
"RCRA Challenges Faced by Retailers," Crowell & Moring's Retail Law Observer
(June 10, 2013).
Author: Cheryl A. Falvey.
-
"CPSC Proposed Significant Changes and New Obligations for Importers Relating to Certificates of Compliance," Crowell & Moring's Retail Law Observer
(May 21, 2013).
Author: Cheryl A. Falvey.
-
"Focus On Retailers At ICPHSO 2013," Crowell & Moring's Retail Law Observer
(March 8, 2013).
Co-Authors: Cheryl A. Falvey, Bridget E. Calhoun, and Natalia R. Medley.
-
"Falvey Discusses Testing and Other Issues," Product Safety Letter
(December 10, 2012).
Co-Authors: Sean Oberle and Cheryl A. Falvey.
-
"Tight Teamwork for Successful Promotions," Chapter in Inside the Minds: Advertising and Marketing Law Client Strategies, p.119. Aspatore Books
(2007).
Author: Cheryl A. Falvey.
-
"Disclosure of Security Breaches Required by New California Privacy Legislation," The Metropolitan Corporate Counsel
(August 2003).
Co-Authors: Cheryl A. Falvey, Elaine M. Laflamme, and Michael A. Oakes.
-
"Legal Compliance Issues Governing Online Sweepstakes," The Metropolitan Corporate Counsel
(May 2001).
Co-Authors: Cheryl A. Falvey and Daniel E. Pollner.
-
"Crash: Avoiding Legal Disaster on the Information Superhighway," The Metropolitan Corporate Counsel
(June 2000).
Author: Cheryl A. Falvey.
Client Alerts & Newsletters
-
"Silence Isn’t Golden: Failure to Report Consumer Product Safety Issues Results in Rare $91 Million Criminal Penalty,"
Mass Tort, Product, and Consumer Litigation Alert
(November 5, 2021).
Contacts: Cheryl A. Falvey, Matthew Cohen, Rukiya Mohamed
-
"New Bills Seek to Repeal Controversial Provision of Product Safety Act,"
Administrative Law Alert
(April 28, 2021).
Contacts: Cheryl A. Falvey, Matthew Cohen, Jessica D. Gilbert
-
"Appliance Manufacturers Should Prepare for Increased DOE Enforcement Activity,"
Energy Law Alert
(January 8, 2021).
Contacts: Tyler A. O'Connor, Matthew B. Welling, Charlene Sun, Cheryl A. Falvey
-
"A Bright End to a Bleak Year: the FAA Releases Final Rules on Remote ID and Operations Over People,"
Insurance/Reinsurance Alert
(December 30, 2020).
Contacts: Cheryl A. Falvey, Laura Foggan, Scott L. Winkelman, Mary-Caitlin Ray
-
"States and Major Environmental and Consumer Organizations Threaten to Sue the Department of Energy Over Alleged Delays in Issuing Energy Efficiency Standards,"
Energy Law Alert
(August 13, 2020).
Contacts: Cheryl A. Falvey, Tyler A. O'Connor, Matthew B. Welling, Charlene Sun
-
"NHTSA Continues its Focus on Advancing Autonomous Vehicle Technologies,"
(June 25, 2020).
Contacts: Rebecca Baden Chaney, Cheryl A. Falvey, Rukiya Mohamed
-
"Department of Energy Solicits Comments On Energy Efficiency Test Procedures for Battery Chargers,"
Energy Law Alert
(May 11, 2020).
Contacts: Tyler A. O'Connor, Matthew B. Welling, Cheryl A. Falvey, Charlene Sun
-
"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
-
"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
-
"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
-
"Immunity Protections for Product Manufacturers and Distributors Under the PREP Act,"
Mass Tort, Product, and Consumer Litigation Alert
(March 23, 2020).
Contacts: Cheryl A. Falvey, Clifford J. Zatz, James G. Flood, Terry Rea, John Fuson, Mariam Sarwar
-
"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
-
"NIST Floats Revised IoT Guidance as California Law Goes Into Effect,"
Privacy Law Alert
(January 28, 2020).
Contacts: Cheryl A. Falvey, Kristin J. Madigan, CIPP/US, Jeffrey L. Poston
-
"Congress Moves Forward on Bipartisan Autonomous Vehicle Bill,"
Regulatory Alert
(November 7, 2019).
Contacts: Cheryl A. Falvey, Laura Foggan, Rukiya Mohamed, Scott L. Winkelman
-
"APEC Taking Lead on IoT Standards and Cybersecurity,"
Regulatory Alert
(October 7, 2019).
Contacts: Robert Holleyman, Clark Jennings, Cheryl A. Falvey, Olivia Burzynska-Hernandez
-
"USPS Joins the Drone Delivery Domain with RFI for Services,"
Regulatory Alert
(October 3, 2019).
Contacts: Mary-Caitlin Ray, Laura Foggan, Cheryl A. Falvey
-
"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
-
"These Are a Few of Our Favorite IoT: NIST Finalizes Internet of Things Cyber Guidance,"
Government Contracts Bullet Points
(July 2, 2019).
Contacts: Cheryl A. Falvey, Evan D. Wolff, Michael G. Gruden, CIPP/G
-
"Oregon Latest State to Require Reasonable Security for IoT Devices,"
Regulatory Alert
(June 7, 2019).
Contact: Cheryl A. Falvey
-
"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
-
"U.K. Accelerating Plans to Go Driverless,"
Regulatory Alert
(February 7, 2019).
Contacts: Simon Evers, Cheryl A. Falvey, Gordon McAllister, Maarten Stassen
-
"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
-
"ISO Releases First Global Drone Standard,"
Regulatory Alert
(December 4, 2018).
Contacts: Cheryl A. Falvey, Scott L. Winkelman, Mary-Caitlin Ray
-
"California Enacts First IoT Security Law in U.S.,"
Regulatory Alert
(October 2, 2018).
Contacts: Cheryl A. Falvey, Molly A. Jones
-
"Insurance Institute for Highway Safety Publishes Report on Autonomous Vehicle Testing,"
Insurance/Reinsurance Alert
(August 17, 2018).
Contacts: Laura Foggan, Cheryl A. Falvey, Kathryn L. Cervon
-
"Legislation to Stop Threatening Drones in Their Tracks,"
Privacy Law Alert
(July 31, 2018).
Contacts: Cheryl A. Falvey, Adelicia R. Cliffe, Maria Alejandra (Jana) del-Cerro, Stephanie L. Crawford
-
"Autonomous Vehicle Incidents: Where Things Are Going in Liability Allocation,"
Regulatory Alert
(July 13, 2018).
Contacts: Cheryl A. Falvey, Laura Foggan, Rukiya Mohamed
-
"On the Cyber Frontier of IoT Security,"
Government Contracts Bullet Points
(April 11, 2018).
Contacts: Jodi G. Daniel, Cheryl A. Falvey, Laura Foggan
-
"Recent Happenings in Advertising & Product Risk Management – February 2018,"
Advertising & State AG Alert
(February 26, 2018).
Contacts: Cheryl A. Falvey, John Fuson, David Ervin, Matthew Cohen, Helen O. Ogunyanwo
-
"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
-
"Recent Happenings in Advertising & Product Risk Management – October 2017,"
Advertising & State AG Alert
(October 3, 2017).
Contacts: Cheryl A. Falvey, John Fuson, David Ervin, Matthew Cohen, Preetha Chakrabarti
-
"Recent Happenings in Advertising & Product Risk Management – July 2017,"
Advertising & State AG Alert
(July 25, 2017).
Contacts: Cheryl A. Falvey, John Fuson, David Ervin, Matthew Cohen
-
"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
-
"Recent Happenings in Advertising & Product Risk Management – May 2017,"
Advertising & State AG Alert
(May 17, 2017).
Contacts: Cheryl A. Falvey, John Fuson, David Ervin, Matthew Cohen
-
"Recent Happenings in Advertising & Product Risk Management – March 2017,"
Advertising & State AG Alert
(March 27, 2017).
Contacts: Cheryl A. Falvey, John Fuson, David Ervin, Matthew Cohen
-
"EPA Issues First Status Report on Crumb Rubber Studies,"
Advertising & State AG Alert
(January 25, 2017).
Contacts: William L. Anderson, Cheryl A. Falvey
-
"Beware the Negative Online Review: New Federal Law Prohibits Companies from Restricting the Right to Complain,"
Advertising & State AG Alert
(December 21, 2016).
Contacts: Cheryl A. Falvey, Clifford J. Zatz
-
"NHTSA Addresses Hacking and Cybersecurity,"
Advertising & State AG Alert
(June 1, 2016).
Contacts: Cheryl A. Falvey, Rebecca Baden Chaney
-
"Synthetic Turf Playing Fields - Potential Health Effects,"
(April 12, 2016).
Contacts: William L. Anderson, Cheryl A. Falvey, Laurel Pyke Malson
-
"Battling Counterfeits: Supply Chain Management and Regulatory Tools Help Protect against Harmful Counterfeit Products,"
Advertising & State AG Alert
(January 29, 2016).
Contact: Cheryl A. Falvey
-
"'Natural' Claims: FDA Requests Comments on Use of the Term 'Natural' on Food Labeling,"
Advertising & State AG Alert
(November 13, 2015).
Contacts: Cheryl A. Falvey, John Fuson, Andrew D. Kaplan
-
"Drinking and Droning: Safety, Privacy, and Security Take Center Stage as the Legal Landscape Evolves,"
Advertising & State AG Alert
(June 2015).
Contact: Cheryl A. Falvey
-
"EPA Proposes New Regulations for Nanoscale Materials in Commerce,"
Environment & Natural Resources Law Alert
(March 27, 2015).
Contacts: Cheryl A. Falvey, Warren Lehrenbaum, Preetha Chakrabarti
-
"Global Compliance Prominently Featured at ICPHSO 2015,"
Advertising & State AG Alert
(March 20, 2015).
Contact: Cheryl A. Falvey
-
"CPSC Day at ICPHSO: Commissioner Comments,"
Advertising & State AG Alert
(March 20, 2015).
Contact: Cheryl A. Falvey
-
"EPA Unveils New "Safer Choice" Product Labels,"
Environment & Natural Resources Law Alert
(March 16, 2015).
Contacts: Warren Lehrenbaum, Cheryl A. Falvey
-
"Consumer Product Safety: Compliance Programs and Risk Mitigation Strategies (VIDEO),"
Advertising & State AG Alert
(February 11, 2015).
Contact: Cheryl A. Falvey
-
"CPSC's Recent $2.6 Million Penalty Consent Decree Includes Mandatory Injunction Requiring Compliance Program and Liquidated Damages Provision,"
Advertising & State AG Alert
(January 28, 2015).
Contact: Cheryl A. Falvey
-
""Made in America" Claims: the Landscape, FTC Guidance, and Tips for Manufacturers and Marketers,"
Advertising & State AG Alert
(September 18, 2014).
Contact: Cheryl A. Falvey
-
"What’s Happening at CPSC This Fall,"
Advertising & State AG Alert
(September 18, 2014).
Contact: Cheryl A. Falvey
-
"Highlights from ACI's 2014 Consumer Products Regulatory & Litigation Program,"
Advertising & State AG Alert
(June 19, 2014).
Contact: Cheryl A. Falvey
-
"New Opportunity to Influence CPSC's Proposed Certificates of Compliance Rules,"
Advertising & State AG Alert
(June 19, 2014).
Contacts: Cheryl A. Falvey, John B. Brew
-
"Trend Watch – Regulation By Retailer: The New Business Reality,"
Advertising & State AG Alert
(May 22, 2014).
Contact: Cheryl A. Falvey
-
"Draft List of Priority Products Announced for California's Safer Consumer Products Program,"
Advertising & State AG Alert
(March 13, 2014).
Contacts: Cheryl A. Falvey, Warren Lehrenbaum
-
"Self-Driving Vehicles: Full Speed Ahead on New Laws and Regulations,"
Advertising & State AG Alert
(February 7, 2014).
Contacts: Daniel T. Campbell, Cheryl A. Falvey
-
"CPSC Approves Publication of Proposed Voluntary Recall Rule,"
Advertising & State AG Alert
(November 21, 2013).
Contacts: Cheryl A. Falvey, Scott L. Winkelman
-
"House Subcommittee Hearing on TSCA Highlights Weaknesses in Current Chemicals Law,"
Environment & Natural Resources Law Alert
(September 23, 2013).
Contacts: Warren Lehrenbaum, Cheryl A. Falvey
-
"California Finalizes Green Chemistry Regulations,"
Advertising & State AG Alert
(September 19, 2013).
Contacts: Warren Lehrenbaum, Cheryl A. Falvey
-
"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
-
"Navigating the U.S. Market for Children's Products: Guidance for Manufacturers of Infant and Toddler Products,"
Advertising & State AG Alert
(July 16, 2013).
Contact: Cheryl A. Falvey
-
"FTC Issues Proposed Amendments to the Telemarketing Sales Rule,"
Advertising & State AG Alert
(June 20, 2013).
Contact: Cheryl A. Falvey
-
"Observations from CPSC's Settlement of In re Baby Matters Administrative Action,"
Advertising & State AG Alert
(June 20, 2013).
Contact: Cheryl A. Falvey
-
"This Month in International Trade - May 2013,"
International Trade Bulletin
(June 7, 2013).
Contacts: John B. Brew, Cheryl A. Falvey
-
"Recent Happenings in Advertising & Product Risk Management - May 2013,"
Advertising & State AG Alert
(May 17, 2013).
Contacts: John B. Brew, Daniel T. Campbell, Cheryl A. Falvey
-
"CPSC Proposed Significant Changes and New Obligations for Importers Relating to Certificates of Compliance,"
Advertising & State AG Alert
(May 15, 2013).
Contacts: Cheryl A. Falvey, John B. Brew
-
"Recent Happenings in Advertising & Product Risk Management - April 2013,"
Advertising & State AG Alert
(April 19, 2013).
Contacts: Cheryl A. Falvey, John Fuson, Jeffrey L. Poston
-
"Study Finds Lead Contamination in Rice Imports—Could Litigation Be Close Behind?,"
Advertising & State AG Alert
(April 15, 2013).
Contacts: Cheryl A. Falvey, John Fuson, Kathleen Taylor Sooy
-
"Highlights from ICPHSO 2013,"
Advertising & State AG Alert
(March 5, 2013).
Contact: Cheryl A. Falvey
-
"Proposed California Regulations Discourage Use of Flame Retardant Chemicals,"
Advertising & State AG Alert
(February 15, 2013).
Contacts: Cheryl A. Falvey, Warren Lehrenbaum
-
"FDA Adopts Final Rule Authorizing Broad Authority to Detain Food,"
Advertising & State AG Alert
(February 7, 2013).
Contacts: John Fuson, Cheryl A. Falvey, John B. Brew
-
"President Signs Chinese Drywall Legislation,"
Advertising & State AG Alert
(January 15, 2013).
Contacts: Cheryl A. Falvey, April Nelson Ross
-
"EPA Reverses Course and Promises to Withdraw TSCA Section 8(d) Cadmium Rule,"
Advertising & State AG Alert
(December 14, 2012).
Contacts: Cheryl A. Falvey, Warren Lehrenbaum
-
"New EPA Regulations on Cadmium Target Manufacturers and Importers of Consumer Products; Retail Distributors to be Targeted Next,"
Advertising & State AG Alert
(December 13, 2012).
Contacts: Cheryl A. Falvey, Warren Lehrenbaum
Press Coverage
-
Allbirds Is One Of The Latest Brands Facing A Lawsuit Over Its Sustainability-Centric Advertising
August 12, 2021 — The Fashion Law
-
Crowell Combines With IP Boutique
June 29, 2021 — Commercial Dispute Resolution
-
Crowell To Merge With Chicago Law Firm, Boosting Tech And IP Practice
June 24, 2021 — The American Lawyer
-
Crowell & Moring To Combine With IP Shop Brinks Gilson
June 24, 2021 — Law360
-
Law Firm Brinks Gilson Merging With D.C. Firm
June 24, 2021 — CRAIN'S Chicago Business
-
Automakers And Regulators Must Educate Consumers On Mobility AI
August 26, 2020 — Automotive World
-
Businesses Ask Patrons To Waive Right To Sue If They Get Ill
June 16, 2020 — Associated Press
-
AI and Internet of Things Herald 'Regulation by Litigation', Report Claims
January 24, 2020 — The Global Legal Post
-
Litigation Experts Warn That General Counsel Must Dive Deep Into New Technology Products
January 23, 2020 — Corporate Counsel
-
Think Your Client Alerts Are Good? Check Out Crowell’s Litigation Forecast
January 22, 2020 — AmLaw Litigation Daily
-
Crowell & Moring's Falvey Talks Safety And Internet Of Things
May 17, 2019 — Law360
-
When The Law Stands In The Way Of Transformation
April 11, 2019 — The Times of London
-
The Tragic Side of Tide Pods
February 19, 2019 — Fortune
-
The Furniture Industry Is Starting To Feel The Shutdown's Impacts-Here's What To Know
January 23, 2019 — Business of Home
-
3 Takeaways From DOT's New Automated Vehicles Policy
October 10, 2018 — Law360
-
Vizio Settles Claims It Collected, Sold Customer TV Viewing Habits
October 9, 2018 — Bloomberg Law
-
Why In-House Attys Must Buck Up And Work With Regulators
July 26, 2018 — Law360
-
Crowell & Moring Launches 'Digital Transformation' Practice to Aid Corporate Innovation
April 27, 2018 — Legaltech News
-
Ahhh, Smart Offices, Hot Coffee. But Watch Out For Legal Risks
April 26, 2018 — Bloomberg BNA
-
Crowell's Crystal Ball
January 10, 2018 — American Lawyer
-
Big Data Drives Innovation And New Risks For GCs
January 9, 2018 — Law360
-
Modest Penalty Comes Out Of CPSC's Breaking Carafe Case
October 2, 2017 — Bloomberg BNA
-
3 Takeaways From The Self-Driving Car Bill
September 8, 2017 — Law360
-
Ann Marie Buerkle Is Trump's Pick to Lead Product Safety Agency: What to Know
July 25, 2017 — National Law Journal
-
Advocate For An Agency: Ex-CPSC GC Cheryl Falvey
March 31, 2017 — Law360
-
Trump's Deregulatory Push Hits a Snag at Product Safety Commission
March 20, 2017 — National Law Journal
-
Inside the 'Messy Brew' of Product Safety Penalties
June 20, 2016 — The National Law Journal
-
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
-
What To Remember When Creating a Product Safety Compliance
August 19, 2014 — PPAI Publications
-
Governance, Risk & Compliance Trailblazers & Pioneers 2014, Cheryl Falvey
July 28, 2014 — National Law Journal
-
BNA Snapshot: CPSC Director Kaye Nominated as Chairman; Served as Tenenbaum Counsel, Chief of Staff
March 28, 2014 — BNA
-
Consumer Protection Regulation To Watch In 2014
January 1, 2014 — Consumer Protection Law360
-
CPSC Proposal Risks Delaying Recalls, Alienating Companies
November 15, 2013 — Corporate, International Trade, Product Liability, and Public Policy Law360
-
Shutdown Threatens To Keep Product Safety Rules On Shelf
October 17, 2013 — Life Sciences, Product Liability and Public Policy Law360
-
At Crowell, A Different Type of Legal Advertising
September 8, 2013 — Washington Post
-
Conferences: Planning, Coordination, Consistency Urged In Talks Geared to Business and Its Counsel
March 25, 2013 — Bloomberg BNA Product Safety & Liability Reporter
-
Q&A Feature: "Falvey Discusses Testing and Other Issues with Product Safety Letter"
December 10, 2012 — Product Safety Letter
Firm News & Announcements
August 18, 2022 |
The Best Lawyers in America 2023 Recognizes 54 Crowell & Moring Attorneys, Three Selected as Lawyer of the Year |
August 19, 2021 |
The Best Lawyers in America 2022 Recognizes 53 Crowell & Moring Attorneys, One Selected as Lawyer of the Year |
January 8, 2021 |
Law Firms Unite to Defend Constitutional Democracy |
January 7, 2021 |
In Defense of Constitutional Democracy |
August 20, 2020 |
The Best Lawyers in America 2021 Recognizes 46 Crowell & Moring Attorneys, Two Selected as Lawyer of the Year |
November 6, 2019 |
WomenInc. Names Crowell & Moring a Top Law Firm for Women |
September 20, 2019 |
Super Lawyers Recognizes 82 Crowell & Moring Lawyers Across United States |
August 16, 2019 |
The Best Lawyers in America 2020 Recognizes 49 Crowell & Moring Attorneys, Three Selected as Lawyer of the Year |
October 15, 2018 |
Super Lawyers Recognizes 82 Crowell & Moring Lawyers Across United States |
August 8, 2018 |
Working Mother Names Crowell & Moring Among ‘Best Law Firms for Women’ for Seventh Consecutive Year |
October 31, 2017 |
Super Lawyers Recognizes 79 Crowell & Moring Lawyers Across United States |
October 13, 2015 |
Crowell & Moring's Cheryl Falvey Testifies Before the U.S. Senate Committee on Commerce, Science and Transportation |
May 19, 2015 |
Crowell & Moring's Cheryl Falvey Testifies Before the U.S. House of Representatives Energy and Commerce Committee |
January 13, 2015 |
Crowell & Moring Releases Third Annual Litigation Forecast Report and Inaugural Regulatory Forecast |
January 7, 2015 |
Three Crowell & Moring Partners Featured Among National Law Journal’s Trailblazers & Pioneers |
July 28, 2014 |
Cheryl Falvey Featured Among National Law Journal’s Governance, Risk and Compliance Trailblazers & Pioneers |
January 31, 2014 |
Crowell & Moring Among Law360's "Practice Groups of the Year" for Competition, Consumer Protection, and Government Contracts |
September 18, 2012 |
U.S. Consumer Product Safety Commission General Counsel to Join Crowell & Moring |