Consumer Products Safety Due Diligence in M&A: Practical Tips and Strategies Explored!
Merger and acquisition (M&A) activities in the consumer products space have considerably increased in recent years. Prime motives for this upward trend include geographical expansion, product innovation, and shareholder value improvement. Although M&A offers consumer product companies an efficient path towards business growth, the risk of acquiring product liability remains. Effective performance of products safety due diligence can significantly help in mitigating safety risks.
In this LIVE Webcast, a panel of distinguished professionals and thought leaders brought together by The Knowledge Group will help consumer products companies and their counsel understand the important aspects of Consumer Products Safety Due Diligence. They will provide an in-depth discussion of the recent M&A trends in the aforementioned industry. Speakers will also offer best practices in performing products safety due diligence, thus, minimizing liability risks.
Key topics include:
- M&As in the Consumer Products Industry: Recent Statistics
- U.S. Consumer Product Safety Commission (CPSC) Enforcement Trends
- Products Safety Due Diligence in M&A
- Strategies in Mitigating Product Liability Risks and Pitfalls
- Best Practices
William F. Tarantino, Partner
Morrison Foerster LLP
- Issues Spotting with Consumer Product Startups
- Injury and Illness Tracking Systems
- Proposition 65 and Chemical Risks
- Safety Certifications and Testing
- Diligence Beyond Legal Compliance
Ashley L. F. Edwards, Attorney
Husch Blackwell LLP
- Regulatory Schemes – many consumer products are subject to different regulatory schemes, and a deep understanding of that scheme is essential to issue spotting and assessing risk
- Risk of Plaintiff/Third-Party Claims – labeling, safety (e.g. glyphosate), packaging breakage, etc. as the buyer, may suggest a specific indemnity for known, high-risk issues
- Impact of RWI w/r/t Consumer Product Safety – RWI typically does not cover known or expected breaches or known problems or items that were not sufficiently diligenced
Catherine Payne, Senior Associate
Alston & Bird LLP
- The Product Risk Assessment Process - Identify potential liabilities, eliminate ambiguity to the extent possible, and mitigate risks.
- Considerations Concerning Documentation of the Risk Assessment Process
- CPSC Compliance Programs – Developing/improving compliance programs ensures safer products, assists with identification/mitigation of safety issues, and assists with avoidance of assessment of civil penalties by CPSC.
Who Should Attend:
- Consumer Product Companies
- Product Liability Lawyers
- Product Liability Officers
- Product Managers
- Quality Control Managers
- Operations Managers
- M&A Counsel and Practitioners
- In-House and Outside Counsel
- Regulatory and Policy Managers
- Corporate Attorneys
- Legal and Compliance Executives
- Top Level Management
Drawing on his expertise in environmental health, Bill Tarantino’s practice focuses on environmental and consumer protection law, with an emphasis on consumer product safety, mass torts, and hazardous substances. Bill has argued motions in state and federal courts for a variety of complex litigation matters, including product liability and mass tort claims, California’s Unfair Competition Law actions, and environmental contamination disputes. He has successfully led clients through private mediations and arbitrations and has significant experience in California state and federal appellate courts. Bill also has broad experience in consumer class action and false advertising litigation, particularly with respect to claims of health or environmental benefits. Bill is an active contributor to MoFo’s Class Dismissed blog. Bill is recommended by Legal 500 US in the areas of product liability and mass tort defense and he is described as “an experienced counsel who is an excellent leader and has great knowledge of the law.”
Drawing on his expertise in environmental health, Bill Tarantino’s practice focuses on environmental and consumer protection law, with an emphasis …
Named an IFLR1000 Rising Star 2018 for M&A law in Missouri, Ashley Edwards has completed more than $60 billion in M&A transactions. An attorney in Husch Blackwell’s St. Louis office, she provides clients with strategic solutions from both a legal and business perspective. Ashley represents private equity firms, strategic buyers and sellers in corporate transactions and provides day-to-day guidance on commercial contracting, securities regulation, corporate finance and other general matters to clients in the manufacturing, consumer goods and pharmaceuticals industries.
Ashley is a former small business owner passionate about helping individual entrepreneurs and growth-stage private companies grow their businesses. Closely involved with the St. Louis Cortex community, she assists with legal matters ranging from corporate structuring to exit strategy. Ashley also dedicates time as a board member of the St. Louis Chapter of the Asthma and Allergy Foundation of America.
Named an IFLR1000 Rising Star 2018 for M&A law in Missouri, Ashley Edwards has completed more than $60 billion in …
Catherine Payne is a senior associate with Alston & Bird’s Products Liability Group, where she focuses her practice on complex, multiparty litigation in areas such as mass torts, toxic torts, class actions, medical malpractice, and products liability. She also counsels clients on Consumer Product Safety Commission matters and related issues, including product warnings and product user manuals. Catherine is active in juvenile justice issues as secretary of the board of youthSpark, Inc.
Before joining the firm, Catherine was a law clerk for Judge William T. Boyett, Chief Superior Court Judge for the Conasauga Judicial Circuit. Catherine received her J.D., magna cum laude, from the Walter F. George School of Law at Mercer University, where she was a student editor for both the Mercer Law Review and the Journal of Southern Legal History.
Catherine Payne is a senior associate with Alston & Bird’s Products Liability Group, where she focuses her practice on complex, …
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Method of Presentation:
General knowledge of M&A transactions
NY Category of CLE Credit:
Areas of Professional Practice
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About Morrison Foerster LLP
Morrison & Foerster is a global firm with more than 1,000 lawyers across 17 offices in the United States, Europe, and Asia. The firm is dedicated to providing our clients-which include some of the largest financial institutions, leading consumer product companies, Fortune 100 companies, technology, and life sciences companies-with legendary service. Clients rely on us for innovative and business-minded solutions. Our lawyers share high standards, a commitment to excellence, and a passion for helping our clients succeed. Our commitment to serving clients has resulted in enduring relationships and a record of high achievement. The firm has a long-standing commitment to pro bono work and social justice.
About Husch Blackwell LLP
Husch Blackwell is an industry-focused law firm with offices in 18 cities across the United States. The firm represents clients around the world in major industries including energy and natural resources; financial services and capital markets; food and agribusiness; healthcare, life sciences and education; real estate, development and construction; and technology, manufacturing and transportation. For more information, visit huschblackwell.com
About Alston & Bird LLP
Founded in 1893, Alston & Bird is a leading national law firm and has offices in Atlanta, Beijing, Brussels, Charlotte, Dallas, Los Angeles, New York, Raleigh, San Francisco, Silicon Valley, and Washington, D.C. The firm's attorneys provide a full range of services to domestic and international clients conducting business around the world. Counseling clients from what was initially a local context quickly expanded to regional, then national levels, and now spans a global economic environment. Alston & Bird has overlaid its broad range of legal skills and business knowledge with a commitment to innovation and technology.