Litigation

Trent Norris, a senior partner in the firm's San Francisco and Silicon Valley offices, litigates complex scientific and technical disputes in the areas of consumer protection, advertising, product liability, product safety, environmental, and food law.

Mr. Norris' clients are primarily manufacturers and retailers of everyday products and services. His cases have involved diverse products, technologies, and industries, including dietary supplements, cosmetics, restaurants, hotels, amusement parks, plumbing products, medical devices, soft drinks, glassware, snack foods, vaccines, home electronics, paints, motor vehicles, pharmaceuticals, and batteries. He often works with trade associations and joint defense groups in these industries.

Mr. Norris represents clients regarding federal, state, and local regulation of consumer products and services, with an emphasis on reporting and labeling requirements. Common issues in Mr. Norris’ matters are preemption, commercial speech, interstate commerce, citizen enforcement, jurisdiction, and class action requirements. Common opponents are state attorneys general, local district attorneys, state regulatory agencies, and citizens groups.

Mr. Norris has advised and defended hundreds of companies regarding California's unique toxics and labeling law, Proposition 65, and California's expansive consumer protection laws.  Chambers USA (2012) notes that he “is renowned as one of the region’s leading experts in toxic tort and Proposition 65 matters.  Clients particularly laud his ability to focus on the issues at the core of the problems they take him.”

Mr. Norris served as the top legislative aide to a US Senator on appropriations, environmental, and transportation issues (1987-89). He was Editor of the Harvard Law Review (1990-92).  He headed Arnold & Porter’s San Francisco and Silicon Valley offices from 2008 to 2013, and he regularly speaks to law students concerning the economics of law practice.

Litigation Representative Matters

Consumer Law

• Represent six national restaurant systems in defeating claims by animal rights advocacy group that Proposition 65 warnings are required on grilled chicken products (now on appeal)
• Represented major restaurant system in defeating two nationwide and four state class actions alleging inaccuracies in nutritional information provided on menus
• Represented 17 manufacturers and retailers of multivitamins in Proposition 65 litigation by the California Attorney General and multiple District Attorneys
• Represented major food manufacturer in regulatory proceedings and litigation brought by California Attorney General and citizens groups to require Proposition 65 warnings on snack foods
• Represented leading satellite radio provider in class action alleging unlawful recording of calls to customer service numbers
• Represented major manufacturer of yogurt products in purported nationwide class action alleging false advertising regarding the benefits of the products
• Represented several retailers and manufacturers of cosmetic and dietary supplement products concerning slack fill allegations by California District Attorneys
• Represent three major manufacturers concerning allegations that breakfast cereal requires a warning for acrylamide created in cooking
• Represented major manufacturer of Bluetooth wireless headsets in defending multidistrict litigation alleging that warnings are required for noise-induced hearing loss
• Represented nine manufacturers and retailers of red yeast rice dietary supplements regarding allegations that the products require warnings under Proposition 65 and related laws
• Advise numerous dietary supplement manufacturers and retailers concerning allegations of non-compliance with California consumer laws and Proposition 65
• Represented global beverage company regarding allegations that soft drink bottles illegally imported and sold in California by others require a warning under Proposition 65
• Represented 21 manufacturers and retailers of progesterone creams regarding allegations that they require warnings under California consumer laws and Proposition 65, resulting in published decision affirming the reform of California's consumer protection laws
• Represented several manufacturers and retailers of ginseng supplements in defending claims that ingredient lists were inaccurate as a result of change in federal law
• Advise numerous restaurants concerning nutritional labeling and other menu disclosures
• Represented manufacturers and retailers of kava supplements in defending class action claiming that the products require warnings
• Represented manufacturer of vaccines in litigation alleging that preservatives used in childhood vaccines result in autism, resulting in published decision upholding treatment of prescription medications under Proposition 65

Product Safety

• Advised major restaurant chain concerning regulatory requirements and nationwide recall of promotional items
• Represented three pharmaceutical companies in personal injury case alleging inadequate packaging and failure to warn
• Represented vaccine manufacturer in litigation alleging that preservatives used in childhood vaccines result in autism, resulting in published decision upholding treatment of prescription medications under Proposition 65
• Represented pharmaceutical company in purported class action alleging that labeling of products resulted in the administration of the wrong medicine to class of patients
• Represented medical device manufacturer in asbestos litigation
• Represented pharmaceutical company in defending a wrongful death case involving a labor-inducing drug
• Represented PhRMA, the Pharmaceutical Trade Association, in providing testimony to California legislature on direct-to-consumer (DTC) advertising legislation

Environmental

• Advise manufacturers and retailers concerning compliance with regulations of the California Air Resources Board, the California Energy Commission, and the California Department of Pesticide Regulation
• Represent consumer product manufacturers and retailers in enforcement proceedings before the California Air Resources Board
• Advise consumer product trade associations in compliance and regulatory proceedings concerning Proposition 65
• Represented manufacturers of plumbing valves in a successful trial of claims that Proposition 65 prohibits the sale of their products in California (ruling affirmed on appeal)
• Represented paint manufacturer in a multiparty site cleanup and related cost-recovery litigation

Intellectual Property

• Represented major telephone accessory manufacturer in patent infringement litigation and related proceedings before the International Trade Commission
• Represented security software manufacturer in trademark cancellation proceedings before the US Patent and Trademark Office and in related trademark infringement litigation
• Represent major cellular telephone accessory manufacturer in anticounterfeiting efforts and related litigation
• Oversee the patent and trademark portfolio and provide strategic IP advice to a global telecommunications equipment manufacturer and a global hearing aid manufacturer
• Represented a major wood products company in establishing precedent providing additional protection to commercial trade secrets submitted to government agencies
• Represented pharmaceutical and dietary supplement companies as plaintiffs in trademark infringement actions