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Product Recall, Liability and Insurance: A Global Guide

Product Recall, Liability and Insurance: A Global Guide

Author: Mark Kendall; Jason McNerlin
Publisher: Globe Law and Business
ISBN: 9781905783670
Published In: December 2012
Format: Hardback , 481 pages
Jurisdiction: Argentina, Asia, Australia, Brazil, Canada, China, France, Germany, India, International, Ireland, Italy, Japan, Mexico, Netherlands, Poland, Russia, South Africa, Spain ? Disclaimer:
Countri(es) stated herein are used as reference only

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In recent years a number of global brands in the automotive, food, toy and consumer goods sectors have suffered following (badly handled) product recalls. Their brands have been damaged and they have suffered significant loss of revenue and market share.

In an age when images of defective products spread around the globe in minutes, it is more important than ever for producers to be aware of their legal obligations when recalling products. It is also imperative that they have crisis management processes in place before a recall is initiated, if they are to avoid the common pitfalls. The possible criminal prosecution of directors who fail to meet their obligations adds intensity to the boardroom focus on this area.

The often significant costs associated with recalls have led to the growth of insurance as a means of transferring the risk.

Across jurisdictions, there are significant differences in the law and practice relating to product safety regulation, recall and liability. This is reflected in the different forms of insurance available for the range of exposures that can arise from products. Featuring chapters from Uría Menéndez, Deneys Reitz Inc and Minter Ellison, this first edition covers key issues that can arise in relation to product regulation, recall, liability and insurance coverage in a number of jurisdictions in Europe, North America, South America and Asia.

Whether you are a director or risk manager of a producer, distributor or retailer of products, or a lawyer or insurance professional, this guide is an essential tool. It is unique in detailing the different recall obligations and underlying liability issues of companies in jurisdictions around the world, as well as analysing the different insurance covers available for the sector-specific range of product exposures.

Consulting editors: Mark Kendall and Jason McNerlin - Sedgwick Detert Moran & Arnold LLP

Contributing firm	Author(s)

Argentina
PAGBAM IP	Luis Diego Barry
	Luis Ignacio Porthe
Australia
Minter Ellison	Pamela Madafiglio
	Philippa Briggs
Belgium
Salans	Charles De Jager
Brazil
Veirano Advogados	Lívia Miné
	Rosângela Delgado
Canada
Foreign Affairs and International Trade Canada	David Kyffin
Irving Mitchell Kalichman	Emma Lambert
Lapointe Rosenstein Marchand Melançon LLP	Louis P Brien
	Paul A Melançon
China
MWE China Law Offices	Alex An
	David Dai
England
Sedgwick Detert Moran & Arnold LLP	Jason McNerlin
	Mark Kendall
A&L Goodbody	Caoimhe Clarkin
France
Endrös-Baum Associés	Florian Endrös
Germany
RWP Wassermann & Partner	Andreas Lachmann
	Sabine Faust
India
FoxMandal Little	Dev Mishra
	Siddarth Misra
Ireland
A&L Goodbody	Liam Kennedy
	Lucy Neligan
	Michaela Herron
Italy
Studio Legale Ceriello	Cristiano Ceriello
Japan
Oh-Ebashi Law Office	Kagenori Sako
	Kazuhiro Kobayashi
	Yugo Komori
Netherlands
Van Doorne	Lorijn Van der Valk
	Peter Van Regteren Altena
Poland
Salans	Tomasz Jaworski
South Africa
Norton Rose South Africa	Donald Dinnie
Spain
Uría Menéndez	Cristina Ayo Ferrándiz
USA
Sedgwick LLP	Christopher C Novak
	Daniel W Bir
	Mathew R Groseclose
	Steven D Di Saia