David Callet is a trial attorney focusing on products liability, toxic tort, medical device and patent cases. He counsels clients in all aspects of products liability avoidance, product labeling and other product safety warnings and consumer product safety compliance, including the Consumer Product Safety Commission (CPSC) administrative procedures and product recalls. David regularly speaks, writes and counsels clients on all aspects of product safety, including compliance with the Consumer Product Safety Improvement Act (CPSIA) and California's Prop 65. David has tried or resolved scores of complex civil cases in federal and state courts and in proceedings before administrative agencies, and has argued several appeals in U.S. circuit courts.
Areas of Concentration
· Consumer Product Safety Commission (CPSC) compliance
· Products liability and toxic tort counseling and litigation
· IP litigation
Professional & Community Involvement
· Member, American Bar Association
· Vice Chair, ABA Consumer Products Regulatory Committee
· Member, District of Columbia Bar
Awards & Recognition
· Team Member, Law360 "Product Liability Practice Group of the Year," 2011
· Rated, AV Preeminent® 5.0 out of 5
· Represented a global chemical and fiber manufacturer in a major, multiyear Texas state court toxic tort case filed by 1,000 plaintiffs after a plant explosion.
· Assisted client to avoid litigation during federal inquiries into tobacco companies and cigarette component manufacturers, and litigated a putative nationwide class action products liability case filed in federal court.
· In Scott v. Raudin McCormick L.L.C. (D. Kansas), defended employer in a 1,500 plus person opt-in FLSA overtime class action by obtaining summary judgments on plaintiffs' claims, having the provisionally certified class decertified and, as a result, having the case dismissed.
· Defended a Korean developer of world-class health care software in a "bet the company" expedited arbitration. Defeated opponent's claim that the client had signed an exclusive software licensing and sales agreement and that its alleged breach of that agreement had caused opponent to suffer millions of dollars in damages.
· Counseled Medtronic, Inc., in the Marquis heart defibrillator multidistrict products liability litigation. Oversaw multiple aspects of fact and expert testimony development and discovery, and excelled at making complex technical aspects of the defibrillator battery's design and function understandable to judges and juries.
· Served as regional coordinating counsel for Westinghouse Electric Company on all New Yorkand New Jersey asbestos personal injury and property damage litigation. Obtained a precedent-setting ruling that voided client liability for millions in punitive damages and insulated client from punitive damages in subsequent cases.
· Served as lead counsel for a manufacturer of computer chip manufacturing equipment as it sued its primary, Fortune 100 competitor for patent infringement.
· Represented a major insurance carrier in estimating the value of thousands of asbestos personal injury claims in large corporate bankruptcy proceeding.
Publications & Presentations
Articles, Lectures & Publication s
Speaker at Seminars and Webinars on CPSC Regulatory/Product Safety Issues
· "Product Safety Requirements, What Does it Mean for Your Company?" Promotional Products Association International, Product Safety Summit, Chicago, IL, August 15, 2013
· "Consumer Product Safety -- Strategies for Keeping Costs and Brand Value on Target," New York, NY, April 17, 2013
· "Footwear Distributors and Retailers of America, Product Safety Workshop," Huntington Beach, CA, October 24, 2012; Washington, D.C., April 11, 2012
· "This Time It's For Real - Product Safety Compliance, Costa Mesa, CA, October 25, 2012; New York, NY, October 17, 2012
· "A New 'Must-Do' for Children's Products Manufacturers and Importers," PLI Webinar, September 27, 2012
· "CPSIA Testing and Certification: Countdown to Compliance," Product Safety Letter Webinar, September 18, 2012
· "California Prop. 65 and Other State Product Safety Requirements," Promotional Products Association International Product Safety Summit, New Orleans, LA, August 15, 2012
· "Product Safety, Federal and State Requirements," Footwear Distributors and Retailers of America, Product Safety Workshop, New York, NY, April 12, 2012
· "The Final Pieces Are in Place, Thread Your Company Through the Maze of Product Safety Requirements," New York, NY, March 28, 2012
· "Footwear Distributors and Retailers of America, Product Safety Workshop, CPSC Update & Washington State CSPA," Huntington Beach, CA, October 27, 2011; Washington, D.C., April 12, 2011
· "Product Safety Compliance: The Journey Continues in 2012," New York, NY, October 5, 2011
· "U.S. Consumer Product Safety Requirements," Fordham Law School, June 9, 2011 and May 30, 2012
· "Consumer Product Safety: What's Around the Next Curve," New York, NY, March 9, 2011
· "What Every Company Should Know About the CPSC Publicly Available Consumer Product Safety Information Database," Practicing Law Institute Webinar, February 17, 2011
· "Legal Implications of the CPSC Publicly Available Consumer Product Safety Information Database," American Apparel & Footwear Association Product Safety Seminar, January 18, 2011
· "CPSIA and California's Prop 65," Canadian Apparel Federation Seminar, Toronto, November 9, 2010; Montreal, November 10, 2010
· "The Pieces Are Coming Together and California's Prop 65," Canadian Apparel Federation Webinar, CPSIA, September 27, 2010
· "Navigating New Requirements; Consumer Product Safety and Customs Requirements," Columbia River Customs Brokers and Forwarders Association, September 22, 2010; Customs Brokers & Forwarders Assoc. of Northern California, September 23, 2010; San Diego Customs Brokers Association, September 24, 2010; Los Angeles Brokers & Forwarders Association, November 16, 2010
· "Beat the Heat; Don't Get Burned by Regulatory Noncompliance," Orange County, CA, New York, NY, July 28, 2010
· "U.S. Consumer Product Safety Improvement Act-Overview and Childrenswear and Accessories," Canadian Apparel Federation Webinars, July 7 and 27, 2010
· "New Year, New Rules," CPSIA, New York, NY, February 8-9, 2010
Speeches on Nanotechnology Environmental Health & Safety
· Speaker, "Product Safety: How Companies Can Minimize Their Products Liability Risk," Nanotechnology Conference and Expo 2010, Anaheim CA, June 23, 2010
Other Speaking Engagements
· Speaker, "Effective Use of Technology: The Path to Persuasion," ALI-ABA Conference on Trying the Intellectual Property Case to a Jury
· Speaker, "Obesity: The Food Industry's Continuing Issue," Grocery Manufacturers of America Legal Conference
· Lead Author, "Is Restaurant Food the New Tobacco? Food for Thought on Products Liability Claims Against Restaurants," Restaurant and Hospitality magazine, May 2005