Products Liability at the Crossroads of Medical Devices & Digital Health


CLE Credits earned: 2 GEN

The future of healthcare is digital. It includes technology such as smartphone apps for mental health improvement and devices for your wrist that count steps while simultaneously measuring your heart rate. Digital health offers ways to contact your doctor 24/7 to get medical advice without a trip to the doctor’s office. These technologies benefit consumers and can make life easier on a daily basis. But digital health also comes with increased product liability, privacy and security, and regulatory risks that companies in this space should know about. This CLE will discuss the FDA’s Digital Health Innovation Plan from July 2017 and digital health’s effect on several different areas of the law including privacy and cybersecurity, regulatory issues and other litigation considerations.

Key topics to be discussed:

•   FDA Digital Health Innovation Action Plan (July 2017)
•   Product Liability in Digital Health
•   Privacy and Data Security

Date / Time: August 21, 2018

•   4:00 pm – 6:00 pm Eastern
•   3:00 pm – 5:00 pm Central
•   2:00 pm – 4:00 pm Mountain
•   1:00 pm – 3:00 pm Pacific

Choose a format:

•   Live Video Broadcast/Re-Broadcast: Watch Program “live” in real-time, must sign-in and watch program on date and time set above. May ask questions during presentation via chat box. Qualifies for “live” CLE credit.
•   On-Demand Video: Access CLE 24/7 via on-demand library and watch program anytime. Qualifies for self-study CLE credit. On-demand versions are made available 7 business days after the original recording date and are view-able for up to one year.

Select your state to see if this class is approved for CLE credit.

Choose the format you want.


Original Broadcast Date: August 21, 2018

Erin Bosman, Esq. chairs Morrison & Foerster’s Product Liability and Counseling Practice Group. She counsels clients through their toughest problems, from mass tort and class action lawsuits to high‐profile recalls and crises. She represents household names that look to her to guide their businesses, not just their legal strategy. Recognized as a leading lawyer in Chambers USA, Legal 500, Daily Journal, and Best Lawyers in America, Erin devotes herself to getting the best outcome for each and every one of her clients.

Erin’s clients value her litigation acumen, retaining her as national coordinating and trial counsel in class action cases and multijurisdictional and multidistrict proceedings. Erin commands a courtroom‐‐she has won jury verdicts for her clients and secured wins in the Second Circuit and California Court of Appeal. A skilled negotiator, Erin has a long track record of securing pay‐nothing dismissals in mass torts and favorable settlements for her clients.

Erin is just as effective outside the courtroom and maintains a robust advisement practice. Drawing on her litigation experience, she counsels clients on product development, risk assessments, product labeling, and risk mitigation strategies, helping them avoid and defeat product liability claims. When necessary, Erin guides clients through product recalls, representing clients before the Consumer Product Safety Commission (CPSC).

Suzy Marinkovich, Esq. is a litigation associate at Morrison & Foerster specializing in product liability, pharmaceutical and medical devices, and consumer class actions. She regularly defends manufacturers and companies of all sizes as they face challenges while seeking to grow and expand their businesses. Suzy has significant hands-on litigation experience and is well-versed in federal and state court practice. She has taken depositions that formed the basis of successful summary judgment motions in federal court, argued demurrers and motions for summary judgment in state court, drafted numerous successful motions, and played an integral role on trial teams including a federal jury trial team that went to verdict. Suzy enjoys helping clients navigate cases every step of the way, from the point of receiving an initial demand through mediation and trial.

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Accreditation on Formats: Live Video Broadcasts, “Live” Re-Broadcasts and On-Demand CLEs

Live Video Broadcasts
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“Live” Re-Broadcasts
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Section I. Digital Health is the Future

Section II. FDA’s Role in Digital Health

Section III. Regulatory Issues in Digital Health

Section IV. Product Liability Claims

Section V. Privacy and Data Security Concerns

Section VI. Additional Litigation Considerations