Navigating Risks for Foreign Manufacturers Whose Products are Distributed in the U.S. скачать в хорошем качестве

Navigating Risks for Foreign Manufacturers Whose Products are Distributed in the U.S.

Wilson Elser Partners, Kathleen Warin and Daniel Tranen, explore the complexities of product liability and litigation risks for products sold in the U.S. while originating elsewhere. Kathleen Warin and Daniel Tranen (Cochairs of Wilson Elser’s national Life Sciences and Product Liability and Prevention & Government Compliance practices) dive into the critical relationship between foreign manufacturers and U.S. distributors and how those dynamics impact key legal issues like jurisdiction, defense obligations, and discovery in product liability cases. Kathleen and Dan address challenges such as obtaining jurisdiction over foreign manufacturers, managing discovery complexities, and navigating international laws that complicate evidence gathering. They also cover the importance of well-structured agreements, including indemnification clauses, risk-sharing, and clearly defined roles related to design, regulatory compliance, and labeling. Attendees gain valuable insights into how these agreements can help manage litigation risks and ensure each party understands their responsibilities in the event of a lawsuit. 00:00 – Introduction of the Presenters 01:44 – Presentation Overview 05:10 – How is the Foreign Manufacturer Getting Its Products to the U.S. Market? 07:07 – Jurisdiction and Liability Exposure in U.S. Courts 10:05 – Stream of Commerce Theory 12:52 – Recent SCOTUS Decisions on Personal Jurisdiction 17:36 – Does The Interaction With the U.S. Regulators Establish Jurisdiction Over Foreign Manufacturers? 23:20 – Who is Interacting With the FDA? 25:33 – Jurisdiction Through “Alter Ego” Arguments 32:29 – Jurisdiction Through Agency Arguments 35:44 – Strategies to Avoid Being Subject to Widespread Jurisdiction in U.S. Courts 39:51 – Distribution Agreements (Key Components) 41:38 – U.S. Discovery of Foreign Manufacturers 45:01 – Practical Considerations to Resisting Discovery of Foreign Manufacturers 46:20 – The Plaintiff Has a U.S. Judgment Against You: Now What? 52:53 – Questions