Merton A. Howard, Partner

Practice Areas/Industries
Complex Civil Litigation; Products Liability and Toxic Torts

Firm Leadership
Product Liability, Practice Group Leader
E-Discovery Task Force, Chair
Pro Bono Committee
Globalaw Task Force (Product Liability and E-Discovery)

Based in our San Francisco Office
415-995-5033 Direct Phone
415-995-3441 Direct Fax
mhoward@hansonbridgett.com
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Mert Howard's practice involves all aspects of civil litigation and business risk management, including strategic planning, alternative dispute resolution, trial and appeal. In the product liability area, he handles cases involving catastrophic injuries, children's products, chemicals and pesticides, pharmaceuticals and 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, warn- ings and instructions, and best practices.

He has been certified by NHTSA as a child passenger safety technician and counsels com- panies regulated by the Consumer Product Safety Commission.

Mert served as an extern to the Honorable Saundra Brown Armstrong, United States District Judge for the Northern District of California, in 1991.

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.

Appellate 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)

Presentations

• Taking and Defending Depositions in California, Intensive Advocacy Program, University of San Francisco School of Law, San Francisco, CA (May 25, 2009)
• Spreading the Fault, The "Nuts and Bolts" of Fault Diverting Defenses, Association of Defense Counsel of Northern California, Toxic Tort Series: "Are You Trial-Ready? California Asbestos Defense 2009," San Francisco, CA (May 12, 2009)
• Best Practices for E-Discovery and Litigation Management, (Moderator) Globalaw in North America, Chicago, IL (April 23, 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, San Diego, CA (April 16, 2009)
• Johnson v. American Standard: The 'Sophisticated User' Defense in California, Association of Defense Counsel of Northern California, Toxic Tort Committee, San Francisco, CA (May 20, 2008)
• Taking and Defending Depositions, USF School of Law Intensive Advocacy Program (May 19, 2008)
• Emerging Issues and Hot Topics in Toxic Tort and Environmental Law, including (a) Lead; (b) Endocrine Disrupters in Water; and (c) Arsenic, ABA Tips—Toxic Tort & Environmental Law Committee Spring Conference, Phoenix, AZ (April 12, 2008)
• The Industrial Hygienist as an Expert Witness—Admissibility, California Industrial Hygiene Council Conference, San Francisco, CA (Dec. 4, 2007)
• Forum Non Convenient in California Asbestos Litigation 2007, Association of Defense Counsel of Northern California (Toxic Tort Committee) Program: Current Practices and Cutting Edge Issues, San Francisco, CA (May 1, 2007)
• Emerging Issues and Recent Developments in Chemical and Product Liability Law, American Bar Association (Litigation Section) Regional CLE Workshop: Contamination Examination—A Workshop on the Changing Face of Chemical Product Liability Claims, Wilmington, DE (Sept. 21, 2006)
• Emerging Chemical and Mass Torts: What's New? What's Next?, DRI 2006 Product Liability Conference, Las Vegas, NV (Feb. 9, 2006)
• Identifying and Managing Potential Conflicts in Joint Defense Groups, Mealey's Asbestos Premises Liability Conference, Pasadena, CA (Dec. 9-10, 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, San Francisco, CA (May 7, 2004)
• Deposing the Asbestos Plaintiff, Association of Defense Counsel Toxic Tort Committee Seminar: Asbestos 2004: Fundamentals for the Defense Practitioner, San Francisco, CA (Mar. 24, 2004)
• Putting The Toxic Tort Case Together, Association of Defense Counsel of Northern California and Nevada Toxic Tort Committee Seminar: Toxic Torts 101 and Beyond, San Francisco, CA (Sept. 26, 2003)
• Document Retention Requirements by CPSC/NHTSA and their Discovery Protections, Children's Products Specialized Litigation Group at the DRI Products Liability Conference, Las Vegas, NV (Feb. 13, 2003)

Publications

• "Punitive Damages: A State-by-State Compendium—California" (co-author), DRI Defense Library Series (2009)
• "The California Electronic Discovery Act", with Batya Swenson, 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)
• "Discovery and Admissibility of Evidence Pertaining to Other Incidents", Daily Journal (May 7, 1999)
• "Defending Your Client In The Age Of E-Commerce", DRI Products Liability Conference (1999)

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
San Francisco Bar Association
University of San Francisco School of Law, Board of Governors
American Inn of Court, USF School of Law (founding member until 2007)

Community
Dixie Youth Soccer Association (Executive Board and Head Coach)
YMCA Youth Adventure Programs

Education
J.D., summa cum laude, University of San Francisco School of Law (1992)
B.A., cum laude, University of Connecticut (1989)