Overview

For many years, David has represented businesses based in the United States and abroad in matters involving product safety and product liability.

He has appeared in federal and state courts throughout the country defending clients from product liability and toxic tort claims, including claims involving a cruise ship lift, a maritime crane, industrial conveyors, a hydraulic lift, railway track equipment, an over-under shotgun, and a broad range of equipment used in the pulp, paper and packaging industries.

David has counseled clients on product safety issues involving product design and hazard analysis review procedures, pre-sale and post-sale product warnings, product recalls and repairs, the development of safety manuals and instructions, proper recordkeeping practices, and accident investigations. He has conducted training seminars for clients in Canada, Finland, Sweden and the United States.

Beyond product safety, David has represented clients in government enforcement investigations and actions, including most recently matters involving F.A.A. hazardous materials regulations and O.S.H.A. workplace regulations.

His experience also includes constitutional litigation involving the First Amendment. David was lead counsel for manufacturers and distributors of video games in the seminal case extending First Amendment protection to video games depicting violent expression. He also represented producers and distributors of motion pictures in their successful First Amendment challenge to restrictions on access to motion pictures containing depictions of violence. At the ABA 2001 Annual Meeting, David was a panelist on “Media Violence — Its Impact and Aftermath: Is Anyone Liable.”

David is a native of Boston with an appreciation for historic cities, an inherited loyalty to the Red Sox and a developed passion for the Patriots.

Representative Matters

  • Represented a leading international supplier of technology, systems and equipment to the pulp and paper industries in scores of risk management and product liability matters for more than 25 years.
  • Represented clients in government enforcement investigations and actions, including matters involving the F.A.A.’s Hazardous Materials Regulations and O.S.H.A.’s Lock-Out/Tag-Out Regulations.
  • Represented an Austrian-based supplier of railroad track maintenance and construction equipment in defense of a multi-jurisdiction product liability claim. Eggleton v. Plasser & Theurer Export Von Bahnbaumaschinen Gesellschaft, 495 F.3d 582 (8th Cir. 2007).
  • Represented Latin American investors in international arbitrations and federal court litigation arising from a Brazilian corporation shareholder dispute.
  • Represented businesses and trade associations in a First Amendment challenge to a City of Indianapolis law restricting the display and sale of video games depicting violence. American Amusement Machine Assn. v. Kendrick, 244 F.3d 572 (7th Cir. 2001), cert. denied 534 U.S. 994 (2001).
  • Represented businesses and trade associations in a First Amendment challenge to a Missouri statute restricting the display and sale of videocassettes and videotapes depicting violence. Video Software Dealers Assn. v. Webster, 968 F.2d 684 (8th Cir. 1992).
  • Represented multiple non-profit membership associations as amici curiae to the U.S. Supreme Court in support of the retroactive application of the Civil Rights Act of 1991. Rivers v. Roadway Express, 511 U.S. 298 (1994).
  • Represented a plaintiff-class of African American employees of the Library of Congress in a multi-year Title VII challenge to racially discriminatory promotion practices. Cook v. Billington, 82-0400, U.S. District Court, District of Columbia.

Resources

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