April 28, 2022

Product Liability Advisory Council (PLAC) Spring 2022 Conference

EU’s Collective Redress Directive — What US and OUS Colleagues May Expect


Michael C. Zogby and Kaitlyn Stone served as co-chairs of the 2022 PLAC (Product Liability Advisory Council) Spring Conference in Palm Beach, Florida. Kate also served as co-host of the conference. On April 28, Mike and Kate, joined by chief litigation counsel for Newell Brands and associate GC for BMW North America, presented at the conference regarding the European Union’s Collective Redress Directive and preparing multinational companies for litigation challenges. Kate moderated the presentation.

The European Parliament formally endorsed a directive that provides the potential for collective consumer lawsuits in the European Union. Under the national laws to be implanted pursuant to the directive, “qualified entities” will be able to bring representative lawsuits on behalf of consumers against “traders” for violations of a list of 66 EU laws, including general consumer, data privacy, energy, financial services, telecommunications, travel and tourism, and environment and health laws.

Mike and Kate analyzed what the Collective Redress Directive means for companies doing business in the EU, what trends U.S. colleagues may expect to see, and what inquiries U.S. colleagues may field from their EU counterparts as consumer collective redress actions commence in the EU. They also discussed interactions with colleagues outside the U.S. regarding U.S. discovery and cross-border issues.

Michael C. Zogby, partner at Faegre Drinker; Marc P. Clements, chief litigation counsel at Newell Brands; Ann Marie Dias-Lebrun, associate GC at BMW of North America; and Kaitlyn E. Stone, associate at Faegre Drinker, speaking on the EU’s Collective Redress Directive at the PLAC Spring 2022 Conference.

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