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Risk Prevention & Management

Miles & Stockbridge Risk Prevention & Management lawyers work closely with product manufacturers, component part suppliers, and sellers to understand the nature of risks before potential problems arise.  We draw upon the broad range of experience of former in-house counsel as well as Miles & Stockbridge’s product regulatory and liability trial lawyers.  We effectively act as both counselors and advocates in the regulatory and litigation process.

Risk Management Counselors

Our lawyers routinely counsel senior management of major manufacturers to develop tailored risk management plans.  This process includes assessing the safety and compliance of their products at all stages of the supply chain and distribution network.  This entails:

  • Advising senior management on material and product-related laws and regulations in diverse jurisdictions
  • Participating in risk assessment during the design process
  • Testing the product during the manufacturing process and in use, helping to determine appropriate risk management adjustments as needed

We also provide legal advice and recommendations regarding supplier management, production and distribution issues, as well as appropriate insurance coverage acquisition and policy renewals.

Regulatory Advisors

We actively and effectively protect clients’ interests in the regulatory arena, regularly appearing before the U.S. Consumer Product Safety Commission (CPSC), the Food and Drug Administration (FDA), the National Highway Traffic Safety Administration (NHTSA) and other state and federal agencies.

We consistently work with our clients to meet regulatory reporting and notice requirements, negotiate with the agencies over the scope and makeup of corrective actions, and assist with product recalls or corrective actions if required.  Our lawyers have overseen and been intimately involved in implementing dozens of product recalls in both the United States and worldwide.

Litigators

Our experienced litigators defend our clients in a variety of matters—from single plaintiff personal injury cases to class actions and complex mass tort claims.  Through the use of appropriately aggressive, innovative, and effective litigation strategies, this group has won defense verdicts and summary judgment dismissals, and negotiated favorable settlements, in complex and emotionally charged cases.

Client Programs

Companies often develop new or additional ways to limit their risk exposure, and our substantive assistance is extensive, particularly for real estate and manufacturing clients.

  • We counsel building operators and maintenance personnel to proactively monitor indoor air quality issues and other health-related factors.
  • We help clients develop supplier and vendor agreements that transfer some or all of the risk for a product failure to the supplier or vendor, structuring these agreements so that the supplier or vendor has sufficient assets and insurance coverage to meet its obligations in accordance with the terms of such agreements.
  • Our product liability and CPSC & Other Regulatory Compliance lawyers continually monitor product safety issues and the latest actions of the U.S. Consumer Product Safety Commission (CPSC).  We examine client product labels and preventive warnings to ensure conformance with the law and regulatory requirements.
  • In our role as National Coordinating Counsel for international product designers and manufacturers, our lawyers are familiar with techniques to optimize the product development process as to documentation and procedures, not only to enhance product safety, but also to minimize exposure to the client. We knowledgeably examine client design procedures and recommend changes to reduce risk.
  • Our Insurance Recovery & Risk Management and Insurance Acquisition, Assessment & Asset Management lawyers advise on insurance programs clients are considering or the actual coverage afforded by the policies that they have.  We routinely compare proposed policy alternatives so that insurance programs cover the risks that most concern our clients.
  • We help clients develop systematic retention programs for paper and electronic documents and other records.  These programs provide ease of retrieval and efficiency of storage, track federal, state and local laws governing records retention and prohibiting destruction of certain types of records.
  • We conduct records program assessments for clients, identifying high risk processes or practices and presenting alternative options to avoid or minimize unexpected issues.