Product Recall : Risks, Liability and Remedies

At the invitation of HUB International, one of the world’s largest insurance brokerage firms and a longtime client of Lowis & Gellen, partner Gerald Haberkorn made the first in a series of presentations on product liability and recall to an audience of over 100 of HUB’s retail and manufacturing clients.

Topics included the strategic considerations in managing a product recall and to minimize damage to the company's brand, operations and finances, protecting profitability, the financial impact of product recall in different industries and the insurance solutions for product recall exposures.

Haberkorn addressed the legal perspectives of product recall, discussing the recent losses incurred by grocery chains and restaurants in this summer’s tomato scare, and the recourses available to reduce commercial vulnerability and liability in similar instances.

In November, Haberkorn, at the invitation of Good Foods and Avure Technologies, will speak on recalls and remedies at the “HPP Food Forum,” an inaugural industry event for food processing companies and major retailers.

If you are interested in providing a presentation for your staff, clients or customers, please contact Gerald Haberkorn directly at 312.456.2701 or geraldh@lowis-gellen.com

European Summer Intern at L&G

Lowis & Gellen is one of the few law firms in the United States to routinely host international legal interns from European Union nations. These attorneys are preparing for multinational commerce and litigation practices by working with us for six-month or one-year terms. The experience has built strong business affiliations that benefit Lowis & Gellen clients around the world.

This summer, Cathrin Krueger, a fully qualified German attorney, has joined Lowis & Gellen's transactional practice. Cathrin has studied law in Germany and England and is planning on obtaining an LL.M. (Master of International Business Law) at King's College, London, starting this fall. While in Chicago, she will assist the transactional team under Gerald Haberkorn. Back in Europe, she will help to support and establish our work with European clients.

Product Recall Preparation and Management Seminar

HUB International invites you to attend an exciting and timely seminar on product recall.

Featured Topics and Panelists

Strategic Considerations to Manage a Product Recall
Michael Keating, Director, Navigant Consulting, will address how a product recall crisis should be handled before, during, and after an event to minimize damage to the company's brand, operations and finances.

The Legal Perspective of Product Recall
Gerald Haberkorn, Partner, Lowis & Gellen LLP, will help business leaders understand the legal environment of product recall.

Protecting Your Most Valuable Asset: Profitability
Stuart Hanfling, Senior Vice President, Colemont Insurance Brokers, will explore the financial impact of product recall in different industries and discuss the insurance solutions for product recall exposures.

RSVP to Ranae Boeke at 312-279-4732

Friday, July 25, 2008
Fountain Blue
2300 Mannheim Rd. Des Plaines, Illinois

8:30 am - Registration and Continental Breakfast
9:00 am - 12:00 pm Seminar

Lowis & Gellen Client Acquires Local Printing Firm

Lowis & Gellen represented the purchaser of a printing business in McHenry, Illinois. The transaction involved the sale of all business related assets and the assumption of specified liabilities, and was financed in part by bank and SBA loans, and an unsecured seller note. In connection with the sale, the sellers agreed to a three-year confidentiality and non-competition covenant.

The Lowis & Gellen team consisted of Robert Leavitt and Mehreen Sherwani, who handled for the client, as its exclusive outside counsel, all legal aspects of the transaction, including conducting the legal due diligence, and preparing and negotiating the asset purchase agreement, consulting agreement, non-competition agreement and other ancillary documents.

For additional information, please contact:
Robert Leavitt, (312) 628-7199
rleavitt@lowis-gellen.com

TITLE VII CLAIMS DEFEATED

On February 29, 2008, Martin McManaman and Patrick Moran won summary judgment in a sexual harassment lawsuit for their client, a local county sheriff’s office. The plaintiff, a corrections officer at the county jail, had alleged that the sheriff’s office unreasonably failed to prevent the plaintiff’s supervisor, a lieutenant at the jail, from repeatedly sexually harassing her. The plaintiff also alleged that the lieutenant and other members of the sheriff’s office retaliated against her after she complained about the harassment. The United States District Court for the Northern District of Illinois disagreed with the plaintiff’s claims, finding that the sheriff’s office conducted a prompt investigation of her complaint and successfully deterred the allegedly harassing conduct. As for the retaliation, the court found there was no evidence to support the plaintiff’s claim that she was the victim of retaliation. The published opinion can be found at 2008 WL 624045 (N.D.Ill. Feb. 29, 2008).

For more information on this case or on Lowis & Gellen LLP's civil rights defense group, please contact either Martin McManaman at mcmanaman@lowis-gellen.com or Patrick Moran at pmoran@lowis-gellen.com.