Nanotechnology Strategy, Regulation and Defense
Keller and Heckman offers strategic services to help address the range of legal issues associated with using new and existing products of nanotechnology in industrial, food, food packaging, pesticide and consumer applications. We take an interdisciplinary approach to effectively assist clients with moving products into the market despite an uncertain regulatory climate.
Our attorneys partner, as needed, with our team of expert scientists to solve the full range of legal challenges faced by manufacturers, processors and end users. To stay current with legal and technological developments, our attorneys served on forward thinking, standards-setting committees. Keller and Heckman is providing a leadership role in discussions on chemical nomenclature for carbon nanotubes and other nanoscale chemistries between ISO and the International Union of Pure and Applied Chemistry. We also serve as lead negotiator for U.S. interests in the development of international labeling recommendations for consumer products containing manufactured nano-objects.
Strategy: Keller and Heckman knows how to develop a comprehensive approach to navigate the legal hurdles faced by companies in the rapidly changing nanotechnology field and to put policies and practices in place today to manage the currently unknown product liability considerations of the future. Keller and Heckman's insurance coverage team provides advice, counseling and representation to corporations and trade associations on their comprehensive general liability, directors and officers, errors and omissions, excess/umbrella, and specialized recall/product contamination insurance policies. And, if a lawsuit has been filed, our team of attorneys will seek to maximize the recovery of defense and coverage dollars through negotiation or, if necessary, litigation against the liability insurer. Our transactions group develops licensing and sales agreements for nanotechnology transfer and we conduct due diligence reviews.
Regulation: We advise clients on the evolving global regulatory registration requirements, labeling and applicable industry codes impacting products incorporating nanotechnology in all fields, including energy, medicine and packaging. Regulatory agencies and organizations have adopted various approaches to defining and regulating nanotechnology and there is correspondingly little clarity being provided on scope and coverage under existing laws for what is a new versus an existing chemical substance. In addition, we counsel on considerations across the complete life cycle of a product, including transportation, distribution, workplace exposure, manufacturing and downstream processing, and disposal of nanomaterials.
Defense: We provide counseling on product liability and indemnification. Our attorneys have published extensively on nanotechnology litigation issues and have written briefs defending industry interests.