GMA Litigation Conference

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The GMA Litigation Conference deals exclusively with legal issues in the food, beverage, and consumer product industry.  Attendees will learn how to navigate the rapidly changing landscape of industry litigation from top in-house counsel and industry defense attorneys, and the program cover a wide array of legal topics within the industry. Such topics include analysis of new laws and regulations, updates on industry litigation, and defense and insurance coverage strategies, all with a focus on protecting your company’s brand.

Planned topics for the 2014 conference include:

  • Domestic and international product liability litigation
  • FSMA and other industry regulations
  • Class action and mass torts
  • Marketing and labeling
  • Insurance coverage
  • Prop 65

This highly specialized agenda will benefit counsel, legal staff and private attorneys dealing with:

  • Consumer fraud litigation
  • Product liability
  • Advertising, marketing and promotions
  • Labeling
  • FSMA and other industry regulations
  • Class actions and mass torts defense
  • Supply chain litigation risks

On February 26, Hogan Lovells attorneys will be speaking on the below topics:

4:20– 4:55pm  Developments in Food, Beverage and Regulatory-Based Defenses to Litigation: Primary Jurisdiction and Related Doctrines

Robert Hawk, Esq., Hogan Lovells
Martin Hahn, Esq. Hogan Lovells

The presentation will cover the primary jurisdiction doctrine’s brief early heyday (e.g., Ries v. Hornell Brewing Co., Inc.; Coyle v. Hornell Brewing Co.), and its subsequent broad rejection, particularly in California federal courts (e.g., Lockwood v. ConAgra Foods, Inc.).  Discussion will include the implications for food claims of the doctrine’s recent invocation in non-food litigation (Astiana v. Hain Celestial Group., Inc.,), the limited boost to the doctrine in food cases arising from the Ninth Circuit’s Pom Wonderful decision, the doctrine’s recent resurgence as a counterforce to exploding FDCA and federal regulation-premised food labeling actions (e.g., Cox v. Gruma Corp.), as well as interplay with related doctrines such as implied federal law preemption, and strategic considerations for employing the doctrine going forward.

4:55– 5:30pm  Developments in Lanham Act False Advertising Food Cases

Steve Hollman, Esq. Hogan Lovells
Robert Wolinsky, Esq., Hogan Lovells

The presentation will include updates on how various types of false, competitive claims are being addressed by the courts, including: literally false claims, bald v. establishment claims, and impliedly false claims.  This session will also touch on developing survey admissibility issues and Daubert challenges and tips drawn from recent cases on strategies for winning Lanham Act cases.

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