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Current Trends in Cosmetics Litigation


Level: Advanced
Runtime: 61 minutes
Recorded Date: April 01, 2021
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Agenda

• State of the Cosmetics Industry
• Legislation & Regulation
        - FDA Warning Letters
• Litigation
        - Cosmetic Class Actions on the Rise
• Q & A

Runtime
: 1 hour
Recorded: April 1, 2021

Description

Cosmetic companies continue to see growing numbers of class action litigation cases targeting the industry during the COVID-19 pandemic. While the regulation of cosmetics at the federal level is generally light, especially compared to other products under the FDA's regulatory ambit, consumers are increasingly turning to litigation to fill in the regulatory gaps.

This program was recorded on April 1st, 2021.

Provided By

American Bar Association
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Panelists

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Eva Lana Silver

Developer & Founder
Binary Solutions

Eva Lana Silver, JD, Tax LLM (May 2021) is the most knowledgeable LSAT instructor and researcher in the world. She is a Harvard University graduate (B.A. in Chemistry) and Harvard National Scholar; a Westinghouse (now Regeneron) Winner who placed 5th in the annual Science Talent Search; and currently serves on the Science & Technology Section of the American Bar Association--as Chair of the E-Filing Committee; Vice-Chair of the Food, Cosmetics & Nutraceutical Committee; and a Member of the Diversity Committee. In 1991, Eva began developing what would eventually become the only complete and general solution for the LSAT. Eva’s unique and scientific approach is based on a logical deconstruction of the exam. By collecting the constants, Eva constructed a theoretical model of the exam that predicts the path of the LSAT. By 2008, Eva had literally mapped the entire genome of the LSAT, creating a set of spherical maps that fully explain and predict the test. Predications based on The Binary Solution have actually worked even better in the past year, as the LSAT underwent the most significant format change in its 30-year history. Recent format changes in the LSAT have caused the exam writers to look to its 30-year history in order to produce new LSAT questions that continue to measure the same fundamental skills. After each LSAT, Eva refines The Binary Solution to reflect even the most subtle shifts on the test—most of which were anticipated by work she completed as early as 1991.

Since 1991, Eva has been invited to teach The Binary Solution at Columbia Law School, CUNY Law School, New York Law School, the New York City Bar Association, Sullivan Cromwell, Columbia College, New York University, Hunter College, New Jersey City University, and the University of Miami. While teaching Binary Solution at Columbia Law School in 1995, Eva uncovered the parallels between the LSAT and the law-- and authored the only Casebook for the LSAT--which is modeled after a law school textbook to include typical as well as boundary cases for every question type that appears (and will appear) on the exam.

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Carrie Akinaka

Associate
Perkins Coie LLP

Litigation associate Carrie Akinaka is a trained persuasive writer and oral advocate—a strategic storyteller. Carrie has a varied commercial litigation practice, supporting a Fortune 5 retailer in employment and product liability actions, major real estate clients in multimillion-dollar mediations, and a multinational food company in class actions and appeals in the U.S. Court of Appeals for the Ninth Circuit.

Carrie sharpened her writing and research skills as a judicial law clerk for the Honorable Bruce S. Jenkins of the U.S. District Court for the District of Utah and as a senior editor for the UCLA Law Review. She graduated from the UCLA School of Law, twice earning the Mason Family Academic Excellence Award for top performance on a written exam.

Committed to a robust pro bono practice, Carrie won a dismissal for a disabled homeless veteran in a civil rights action. She also helped a transgender man from Saudi Arabia obtain asylum and an Afghan interpreter for the U.S. military obtain green cards for his wife and children.

In her spare time, Carrie coaches high school speech and debate. A decorated competitor herself, she has coached four state champions and a national champion in persuasive speaking. Whether it’s for students, veterans, immigrants, or business clients, Carrie is committed to solving problems with well-crafted, well-conveyed stories that engage and persuade.

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Kristine Kruger

Senior Counsel
Perkins Coie LLP

Kristine Kruger is an experienced litigator who works closely with her clients to develop effective litigation strategies by carefully evaluating each client’s case-specific goals and business objectives. She has extensive experience representing a broad range of clients in high priority complex litigation matters, including consumer protection, product liability, environmental litigation, consumer finance, business disputes, and general commercial matters.

Kristine regularly handles litigation matters involving the Fair Debt Collection Practices Act (FDCPA), the Truth in Lending Act (TILA), the Real Estate Settlement Procedures Act (RESPA), the Fair Credit Reporting Act (FCRA), the Telephone Consumer Protection Act (TCPA), and California’s Proposition 65 (the Safe Drinking Water and Toxic Enforcement Act). She also has experience litigating nationwide complex class action matters, including consumer protection class actions against food and beverage companies, consumer packaged goods companies, and consumer financial services entities.

Kristine’s skill in assessing risk, developing cost effective and efficient litigation, and settlement strategies, as well as her ability to successfully manage many multimillion-dollar cases simultaneously has earned the respect of her clients and colleagues alike. Kristine serves as the supervising attorney responsible for coordinating the defense of hundreds of cases in state and federal courts across the country for her clients.

In addition to litigation, Kristine also counsels clients on regulatory, compliance, and enforcement matters. She regularly defends financial services companies in government investigations and litigation, including matters brought by the Consumer Financial Protection Bureau (CFPB) and the Washington State Department of Financial Investigations.

Kristine is also a contributing author and editor to the firm’s food litigation blog, Food Litigation News, and the consumer finance blog, Consumer Finance Legal Report.


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