Douglas H. Fleming,

Principal

PRACTICE GROUPS

Slide

BIO

Doug’s practice focuses on bridging the gap between engineering and law to help manufacturers reduce risk when introducing new products and manage risk when problems arise with products in the field.

Product Development – Reducing Risk

  • Assess hazard analysis and risk assessment practices and procedures
  • Analyze product safety and litigation risk for new products and technologies
  • Develop warnings and instructions
  • Allocate responsibility among parties in manufacturing and distribution chains

Investigation of Pattern Problems with Products in the Field

  • Lead forensic engineering investigations working with in-house engineers and outside experts to identify and isolate problems while managing legal risks
  • Lead development of engineering solutions for problems with products in the field
  • Design and implement product field actions and recalls
  • Represent companies before the U.S. Consumer Product Safety Commission and international counterparts

Litigation Arising out of Alleged Product Failures

  • Defend product manufacturers in catastrophic personal injury claims
  • Represent product and component manufacturers in commercial warranty and other claims related to product failures
  • National product liability counsel for large consumer electronics manufacturer for more than a decade
  • Outside general counsel for major bicycle manufacturer for more than a decade
  • Litigate throughout the U.S. and internationally, including in Canada, UK, Italy and the Netherlands

Areas of Technical Expertise

  • Virtual Reality and Augmented Reality Health and Safety, including medical science, human factors warnings and instructions, and management of legal risks
  • Optical safety, including laser safety, photosensitivity, and 3D display issues
  • Switching power supplies, including shock and fire hazards associated with design and manufacturing issues and component failures
  • Capacitors, including overvoltage failure modes and electrolyte combustion and corrosion issues
  • Electro-mechanical switches, including thermal fuses, relays and variable speed switch issues
  • Plastics, including fire rating, heat deflection temperature and electrical insulation issues as well as thermoforming, injection molding and rapid prototyping technologies
  • Consumer electronics, including electrical and mechanical hazards, ergonomics and over-voltage and over-current protection issues
  • Bicycles, including bicycle and bicycle accessory failure analysis and compliance with CPSC, ANSI, ASTM and CEN safety standards

Areas of Legal Practice

  • Product liability law, including indemnity, warranty, component supplier, fault allocation, tender, insurance and OEM and component supplier contracting issues
  • Commercial sale of goods, with a particular focus on Article 2 of the Uniform Commercial Code, the United Nations Convention for the International Sale of Goods (CISG) and similar laws
  • Antitrust law, including distribution, joint venture, price discrimination and merger and acquisition issues

“UCC Battle of the Forms: Confronting Conflicting Terms in Purchase Orders, Invoices and Related Documents,” 2015 Strafford Webinars

 

FTC Guidance For The Internet Of Things,” Today’s General Counsel, June 2015

 

“Preventative Liability – An Ounce of Prevention is Worth a Pound of Cure,” 2012 IEEE Symposium on Product Compliance Engineering

 

“Planning for Victory: Using the “Battle of the Forms” to Your Advantage,” 2011 Washington Association of Corporate Counsel Breakfast Briefing and presentations to in-house counsel

 

“Obtaining Value from Medium Sized Commercial Claims,” presentations to in-house counsel

Doug has been named a Washington Rising Star®.

 

 

 

Pomona College, B.A., Philosophy, 1987

University of California, Los Angeles, J.D., 1991

Douglas H. Fleming's NEWS, EVENTS, AND PUBLICATIONS

FTC Issues New Privacy and Security Guidance for the Internet of Things

On January 27, 2015, the Federal Trade Commission (“FTC”) issued a Staff Report on privacy and security issues related to the Internet of Things (“IoT”).  The Staff Report … read more

Planning for Victory: Using the “Battle of the Forms” to Your Advantage

Virtually every company engages in the battle of the forms. And so long as business goes as planned, it doesn’t matter who won the battle. But when a … read more