Merton Howard

Merton A. Howard

Partner

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Product Liability
Product Liability
San Francisco

Mert's practice covers all aspects of civil litigation and business risk management. He is experienced in strategic planning, alternative dispute resolution, trials and appeals. In the product liability area, he handles cases involving catastrophic injuries, children's products, chemicals, pesticides, pharmaceuticals, medical devices, sports equipment, consumer goods, aviation equipment, asbestos and other toxic substances. He also represents clients in matters concerning California's Proposition 65, contractual interpretation, unfair competition and premises liability. Additionally, he assists companies with regulatory compliance, warnings and instructions, and best practices.

Mert has been certified by NHTSA as a child passenger safety technician and counsels companies regulated by the Consumer Product Safety Commission.

Mert is a frequent author and speaker on a wide range of topics, including best practices for e-discovery and litigation management, deposition strategy, trial, and numerous procedural and substantive issues.

He is a member of the faculty of the University of San Francisco School of Law's Intensive Advocacy Program. This includes an annual lecture on taking and defending depositions.

Published Decisions

Conte v. Wyeth, Inc. (2008) 168 Cal. App. 4th 89 (Review denied by Conte (Elizabeth Ann) v. Wyeth, Inc., 2009 Cal. LEXIS 233 (Cal., Jan. 21, 2009))

Publications

"Review of New and Proposed State Laws Regarding Children's Products," DRI Products Liability (2010)

"Prop 65 for Non-California Companies," Video Update (May 2010)

"Green Chemistry in California," Video Update (May 2010)

"Punitive Damages: A State-by-State Compendium—California" (co-author), DRI Defense Library Series (2009)

"The California Electronic Discovery Act", co-author, The Marin Lawyer (August 2009)

"Product Liability Update", Hanson Bridgett (various)

"Product Liability Newsletter", Globalaw (various)

"Design and Manufacture of Products for Sale in the United States—A Summary of American Product Liability Law—Chapter Five—The Risk of Punitive Damages", Globalaw Product Liability and Toxic Tort Initiative (2006)

"Summary of Published California State Cases Concerning Asbestos Exposure", with Eric W. Junginger, University of San Francisco School of Law Continuing Legal Education (May 7, 2004)

"Deposition Strategy for Deposing the Asbestos Plaintiff", presented as part of the ADC 2004 Asbestos Training Series (Mar. 23, 2004)

"Putting the Toxic Tort Case Together—Discovery and Investigation Strategy Checklist and Preparing for and Conducting Depositions", presented at the ADC Seminar, Toxic Torts 101 (Sept. 26, 2003)

"Changes to California's Statute of Limitation for Personal Injury and Wrongful Death Claims and the Summary Judgment Statute", with Eric W. Junginger (Sept. 1, 2002)

"Handling The Disappearance or Spoliation of Third Party Evidence in The Product Liability Case: Beware The Double Edged Sword", with John Stipancich, ALFA Product Liability Seminar (May 10-12, 2000)

"How The CPSC Handles And Discloses Information On Product Performance And What You Can Do About It", Defense Research Institute 2000 Products Liability Conference (Jan. 19, 2000)

See All Publications

Presentations

"Advocacy on the Edges of the Web: Navigating Ethical Boundaries When Confronting Social Media During Litigation," moderator, ABA 21st Annual Spring CLE Meeting (March 2012)

Chair, Managing Global Litigation Risks, Globalaw Litigation Program (November 2010)

Chair, Judges Roundtable for Northern California Asbestos Litigation, presented by the Association of Defense Counsel of Northern California, Consumer Attorneys of California and San Francisco Trial Lawyers Association (June 2010)

"Taking and Defending Depositions in California," Intensive Advocacy Program, University of San Francisco School of Law, San Francisco, CA (May 2004-2010)

"Untangling the Web: Update on Reconciling and Deciphering the New and Proposed State Laws Introduced in the Wake of the Children's Product Recalls," DRI Product Liability Conference (April 2010)

"Spreading the Fault, The "Nuts and Bolts" of Fault Diverting Defenses," Association of Defense Counsel of Northern California, Toxic Tort Series (May 2009)

"Best Practices for E-Discovery and Litigation Management," moderator, Globalaw in North America (April 2009)

"Untangling the Web: Reconciling and Deciphering the New and Proposed State Laws Introduced in the Wake of the Children's Product Recalls," DRI Product Liability Conference (April 2009)

"Johnson v. American Standard: The 'Sophisticated User' Defense in California," Association of Defense Counsel of Northern California, Toxic Tort Committee (May 2008)

"Emerging Issues and Hot Topics in Toxic Tort and Environmental Law, including (a) Lead; (b) Endocrine Disrupters in Water; and (c) Arsenic," ABA Toxic Tort & Environmental Law Committee Spring Conference (April 2008)

"The Industrial Hygienist as an Expert Witness—Admissibility," California Industrial Hygiene Council Conference (December 2007)

"Current Practices and Cutting Edge Issues," Association of Defense Counsel of Northern California, Toxic Tort Committee (May 2007)

"Emerging Issues and Recent Developments in Chemical and Product Liability Law," American Bar Association, Litigation Section Workshop on the Changing Face of Chemical Product Liability Claims (September 2006)

"Emerging Chemical and Mass Torts: What's New? What's Next?" DRI Product Liability Conference (February 2006)

"Identifying and Managing Potential Conflicts in Joint Defense Groups," Mealey's Asbestos Premises Liability Conference (December 2004)

"Asbestos Litigation 2004: California and Its Impact on National Litigation—Trends and Solutions," co-chair, University of San Francisco School of Law CLE Symposium (May 2004)

"Deposing the Asbestos Plaintiff," Association of Defense Counsel Toxic Tort Committee (March 2004)

"Putting The Toxic Tort Case Together," Association of Defense Counsel of Northern California and Nevada Toxic Tort Committee (September 2003)

"Document Retention Requirements by CPSC/NHTSA and their Discovery Protections," Children's Products Specialized Litigation Group at the DRI Products Liability Conference (February 2003)

See All Presentations

Community Involvement

Dixie Youth Soccer Association, Executive Board and Head Coach

YMCA Youth Adventure Programs

Professional Affiliations

American Bar Association

ABA TIPS—Toxic Tort and Environmental Law, Vice-Chair

Association of Defense Counsel of Northern California

American Association for Justice (fka ATLA)

Defense Research Institute

Globalaw

International Consumer Product Health and Safety Organization

Bar Association of San Francisco

University of San Francisco School of Law, Board of Governors

American Inn of Court, USF School of Law, Founding Member

Education

J.D., summa cum laude, University of San Francisco School of Law (1992)

B.A., cum laude, University of Connecticut (1989)

Admissions And Courts

California

U.S. Court of Appeals for the Ninth Circuit

U.S. District Court for the Northern District of California

U.S. District Court for the Central District of California

U.S. District Court for the Eastern District of California

San Francisco

415-995-5033 Direct Phone
415-995-3441 Fax

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Firm Leadership

Litigation Section Head

Product Liability Practice Group Leader

E-Discovery Task Force

Pro Bono Committee