Outline
Day 1
A Holistic Approach to Product Safety Management
Karine Narr, Senior Property and Casualty Risk Engineer, Chubb Insurance
Milwaukee, Wisconsin
Leveraging her 25 years of experience and formal education as an industrial engineer, Ms. Narr will present the elements, necessity, and benefits of having a holistic product safety management process.
When Products Think for Themselves
Patricia A. Robinson, PhD, Coronado Consulting Services, LLC
Sonoita, Arizona
Doctor Robinson will present and engage conference attendees exploring the topic of how warnings and instructions apply to products that operate autonomously. Questions include: if a product operates on its own, what information goes in the manual; when the internet connects everything, what do you warn about?
Successfully Navigating the 3rd Era of Warnings
Charles Burhans, Senior Consultant, Applied Safety and Ergonomics
Ann Arbor, Michigan
Mr. Burhans will briefly review historic approaches to failure-to-warn claims and the technical analysis of defect and causation, and how warnings claims and the role of experts on both sides have changed in the decades since the initial surge in warnings claims.
This presentation will assist in understanding emerging tactics in claims involving warnings and responding to new issues being raised.
Product Liability – A Plaintiff Attorney’s Perspective
Corey G. Lorenz, Shareholder, Habush Habush & Rottier S.C.
Madison, Wisconsin
Ms. Lorenz will share her insights on the role of a plaintiff’s attorney when a product causes harm or damage. Ms. Lorenz will address how companies need to put safety in the forefront for product design and warnings.
Rooting Out the Root Cause: Relating Failure to a Safer Product
Robert R. Scheibe, PhD, PE, Senior Engineering Manager, Exponent
Bellevue, Washington
Doctor Scheibe will explain that the term “root cause” is overused, and that the real causes of accidents and failures often go deeper than what others claim as the root cause. Dr. Scheibe will introduce the system safety methodology that looks at failures from more than a “product” or “component” safety point of view, and in turn, may provide a better perspective on how to avoid failures, accidents, and liability in the future.
Day 2
The Internet of Things: An Update on Emerging Risks and Regulatory Developments
H. Michael O’Brien, Attorney at Law, Wilson Elser Moskowitz Edelman & Dicker LLP
White Plains, New York
Mr. O’Brien will provide an in-depth overview of the internet of things (IoT) and industrial internet of things (IIoT) and why manufacturers and users should be reviewing their products’ hardware and software security protocols, documentation and update procedures. Recent regulatory developments will be presented.
Using Analytics to Better Assess Legal Claims
Jonathan Judge, Partner, Schiff Hardin LLP
Chicago, Illinois
Risk management personnel are expected to provide numeric estimates of exposure for different claims. Although it is impossible to predict any particular outcome, companies can still harness the power of analytics to improve those estimates. Mr. Judge will present how human estimates can fail, why limited information can still be useful, and how Monte Carlo simulation can make exposure estimates more consistent and probably more accurate.
Reducing Legal Risk When Commercializing IoT Products
Linda C. Emery, Partner, Quarles & Brady, LLP
Milwaukee, Wisconsin
Warnings and Instructions For Domestic and Global Markets
Angela Lambert, Director of Standards Compliance at Clarion Safety Systems
Milford, Pennsylvania
“Failure to warn” and “inadequate warnings” top product liability allegations. Angela Lambert will present key considerations on creating effective warnings for both domestic and export markets. The latest warnings technology as defined by the ANSI Z535.4 and ISO 3864-2 standards—including new safety label formats recently adopted by ISO—as well as international safety labeling requirements such as the Machinery Directive will be discussed.
It’s Out of My Hands: A Manufacturer’s Post-Sale Duties and How to Comply
Carly W. Stephani, Partner, Bowman and Brooke LLP
Minneapolis, Minnesota
A manufacturer’s product-safety obligations do not end once the product leaves the manufacturer’s hands. Ms. Stephani will discuss the post-sale duties imposed on manufacturers by regulators and the law, how post-sale issues can create a constellation of problems for manufacturers, and best practices for complying with these duties and defending against claims involving the manufacturer’s post-sale conduct.
Safety in the Product Development Process: Evolutionary and Revolutionary Approaches
Steven Hall, Senior Consultant, Applied Safety and Ergonomics
Ann Arbor, Michigan
Mr. Hall will provide an overview of two paradigms of product development, and their implications for how best to approach product safety. He will present how strategies for hazard analysis and risk assessment differ for evolutionary and revolutionary paradigms, and provide examples of the special issues related to revolutionary product development.
Day 3
Views from the Bench
Judge Stephen Crocker, District Judge, United States District Court for the Western District of Wisconsin
Madison, Wisconsin
As magistrate judge for the Western District of Wisconsin, Judge Crocker will offer his perspectives on contemporary juries, the role of courts in dispute resolution—from discovery to trial—witnesses, and the role of corporate representatives and experts.
A Proactive Defense is the Best Defense – Expect the Unexpected
Natalie Eschbach, Attorney, Swanson, Martin & Bell, LLP
Chicago, Illinois
A proactive defense is much more effective than a reactive defense. Although there are many processes that can aid a manufacturer in the event of a product liability lawsuit, Ms. Eschbach will share several key activities that help support favorable case outcomes.
Hot Topics in Product Liability
Cal Burnton, Partner, Steptoe Johnson
Chicago, Illinois
Mr. Burnton will review the legal impact of recently decided cases and topics that manufacturers should be reviewing to assure they are keeping their users safe and avoiding liability.