Keller and Heckman's nationally-recognized litigation practice is led by nationally recognized trial counsel. Our lawyers, many of whom also have scientific and technical backgrounds, have worked in private industry, at state and federal agencies, at consulting firms, and in academia. Keller and Heckman's trial attorneys recently secured one of the "Top Defense Verdicts in California." With over 25 Ph.D. and graduate-level scientists and technical specialists resident at the firm, our litigators blend their defense capabilities with our scientific and regulatory expertise, mapping out the most advantageous strategy for our clients, whether focusing on early dismissal, securing a favorable settlement, or aggressively defending the case in court. These multi-disciplinary teams allow our clients to benefit from the depth and breadth of our resources.
We litigate cases across the United States before federal and state courts for domestic and international companies. We represent the interests of clients from a wide range of industries, including food, drugs (prescription, generic, over-the-counter, dietary supplements, and homeopathic); medical devices; cosmetics; consumer products; semiconductors; chemicals; and telecommunications. We defend our clients in class and mass tort actions, as well as in single plaintiff cases, and serve as national trial coordination counsel in a number of other matters. We also represent clients before administrative and industry-sanctioned bodies, and in alternative dispute resolution forums, including arbitrations and mediations.
Some of our specific areas of expertise are outlined below.
Commercial Litigation. Our attorneys represent companies—from multi-national corporations to small businesses—in a full range of commercial litigation. Representative claims include: breach of contract; mergers and acquisitions; trade secrets disputes, including cases involving protection of computer software and confidentiality clause enforcement; intellectual property, including patent infringement, trademark and copyright matters; consumer actions, such as class action and private attorneys general suits; insurance claims; and franchise disputes.
Food Litigation. Our comprehensive and extensive food and drug practice is one of the largest in the world. Keller and Heckman's litigation group is uniquely positioned to represent companies in product liability litigation involving food and drugs through its integrated team of litigators, in-house scientists, regulatory attorneys, and technical specialists. We have successfully defended companies in the food and drug industry against consumer protection class action claims brought under California's unfair trade practices laws. These often allege false or misleading labeling or advertising of foods, cosmetics, over-the-counter drugs, dietary supplements, and homeopathic products. We have handled lawsuits alleging that claims involving probiotics, "natural" ingredients, or "clinically-proven" results are misleading. We have also handled cases alleging lack of efficacy, lack of substantiation, and failure to disclose. Representative statutes addressed in consumer class action lawsuits include:
In our Food Litigation practice we also defend food manufacturers in lawsuits alleging food contamination, defending grocery retailers and wholesalers in consumer-driven disputes, including retail price labeling practices and requirements, and defending clients against claims of non-functional slack-fill alleged to be misleading due to empty space left in a package for other reasons.
Advertising and Unfair Competition. In addition to the above Food Litigation unfair advertising practice, we have prevailed in landmark Lanham Act litigation, the federal false advertising statute. Our litigation experience includes representing clients in competitor and regulatory agency enforcement actions at the federal, state, and local levels.
Products Liability/Personal Injury Defense. We represent manufacturers, distributors, and trade associations in product liability litigation in both state and federal courts. We serve as national Coordination Counsel for a Fortune 100 distributor of brand and generic pharmaceuticals defending bodily injury lawsuits in state and federal courts nationwide involving Reglan/metoclopramide and Pradaxa. We have also represented numerous clients in medical device products liability actions involving devices such as breast implants, hips, knees, mesh, contraceptives, TMJ, and drug delivery devices.
Environmental and Toxic Tort Litigation. Our litigators represent companies and trade associations in a broad range of environmental and toxic tort litigation matters involving environmental exposures and contamination, alleged toxic exposures through consumer products, enforcement actions by federal and state agencies, appellate work, internal company audits and investigations, and insurance counseling and coverage issues. Our clients benefit from our expert technical staff, especially in complex cases where toxicity and other scientific issues are involved.
For more information on Keller and Heckman's Environmental and Toxic Tort Litigation practice, please click here.
For more information on Keller and Heckman's Insurance Coverage practice, please click here.
Administrative Actions. Keller and Heckman represents clients from a wide range of industries before numerous federal regulatory bodies. Our comprehensive experience with matters related to the Federal Food, Drug, and Cosmetics Act (FDCA) includes helping clients with disputes involving product seizures, recalls, claims of bodily injury and property damage, and packaging and labeling issues. Similarly, we serve clients under investigation and in enforcement actions by the Environmental Protection Agency (EPA) involving environmental and chemical regulatory statutes, by the Federal Trade Commission (FTC) for false advertising claims, by the Occupational Safety and Health Administration (OSHA) arising from workplace safety issues, and by the Drug Enforcement Administration (DEA) in registration revocations.
Employment Litigation. Our attorneys represent employers against charges of employment contract breaches, discrimination, improper termination, and workplace injury.
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