U.S. Litigation Risks for Canadian Manufacturers and Distributors of Products

Canadian companies exporting products to foreign markets are frequently forced to litigate in those jurisdictions because of product liability and other claims asserted by both private litigants and regulators. A disproportionate percentage of claims that Canadian product manufacturers face are brought in U.S. In this presentation, Kent Schmidt, a California litigation attorney, will explain why product manufacturers are sued on product-related claims and outline steps that companies can take to mitigate these types of risks. In addition to addressing the typical product liability claims that arise from personal injury, he will explore a variety of other non-injury claims such as breach of warranty claims (including business-to-business transactions) and emerging trends in product regulation and consumer class actions. Specific topics will include:

  • How U.S. courts establish jurisdiction over Canadian companies.
  • The three types of defects asserted in a product liability claim and prophylactic strategies for mitigating these risks.
  • How Canadian companies can limit liability through effective disclaimers of warranties and liquidated damages clauses.
  • Why consumer class actions for deceptive advertising continue to represent significant risks to companies advertising, selling and distributing products.
  • How contractual indemnifications and similar provisions can shift to others the duty to defend and indemnify certain claims.
  • Why the “Internet of Things” is adding new layers of product-related liabilities.
  • How California “Prop 65” claims continue to require companies around the world to test their products for toxic exposures from certain chemicals.
  • How to prepare for worst case scenarios such as product recalls and class actions.

SCHEDULE (both dates)
Registration and Breakfast
7:15 a.m. - 7:45 a.m.
7:45 a.m. - 9:00 a.m.
9:00 a.m. – 9:30 a.m.

Wednesday, May 31st
Fairmont Hotel Vancouver
900 W Georgia St
Vancouver, BC V6C 2W6

Thursday, June 1st
Fairmont Palliser Hotel
133 9 Ave SW
Calgary, AB T2P 2M3

We will apply for CPD credit in British Columbia with The Law Society of British Columbia. This program is eligible for up to 2.00 Substantive CPD hours in Ontario with The Law Society of Upper Canada. For Alberta lawyers, consider including this course as a CPD learning activity in your mandatory annual Continuing Professional Development Plan as required by the Law Society of Alberta. For any other province or territory, Dorsey will not be applying for CPD credit, however, participants are welcome to apply for or claim credit according to their jurisdiction's regulations.

We will apply for CLE credit in Colorado, Iowa, Minnesota, North Dakota, Oregon, Utah and Washington. Dorsey is an Accredited CLE Provider in California and New York, and this program will be CLE accredited in those states. For any other state, Dorsey will not be applying for CLE credit, however, participants are welcome to apply for or claim credit according to their jurisdiction's regulations.

Contact Kyoolee Park at (714) 800-1426 or park.kyoolee dorsey.com.