People

Brian A. Bender
Member

Mr. Bender is a member of the firm and practices with the Medical and Life Sciences Industry Team and the Mass Torts and Industry-Wide Litigation, Insurance Litigation and Product Liability Defense, and Environmental Law Practice Groups.  Mr. Bender’s practice focuses on the defense of product and premises liability matters, with a special emphasis on mass-tort and industry-wide litigation involving emerging theories of liability.  He has acted as national, regional and/or local counsel to members of the chemical, pharmaceutical, firearms, fast food, property management and other industries, handling all aspects of coordinated/phased discovery and trial.  Mr. Bender is also very active in the legal community, having authored articles and delivered speeches to national audiences on topics related to his practice. In 2011, he was named by New York Super Lawyers as a rising star.

Representative Cases:

  • Toxic Dust and Debris
    Represents a major property owner in an action filed by thousands of rescue and recovery workers who allegedly developed respiratory illnesses as a result of exposure to nanoparticles, heavy metals, asbestos, fuel oil and other toxins at and around Ground Zero.  WorldTrade CenterDisaster Site Litigation (S.D.N.Y. Dockets 21-MC-102, 103).
     
  • Fast Food
    Represented a local franchise in an action filed by individuals alleging that restaurant’s false advertising and deceptive trade practices chain caused them to develop hypertension, diabetes and other weight-related illnesses.  Pelman, et al. v. McDonald’s, et al., 237 F.Supp.2d 512 (S.D.N.Y. 2003).
     
  • Gulf War Syndrome
    Represented a major Swiss corporation in a matter involving claims that European manufacturing companies should be held liable for chemical weapons exposures during Operation Desert Storm.  Stutts, et al. v. The DeDietrich Corp., et al. (E.D.N.Y. 03 CV 4058).
     
  • Semiconductors
    Represented two major chemical companies in a bicoastal mass-tort alleging that microchip manufacturing workers were exposed to chemicals that caused them to develop cancer or give birth to children with serious developmental defects.  IBM Semiconductor Litigation (Westchester Cty., N.Y.; Santa Clara Cty., CA).
     
  • Firearms
    Represented firearms distributors in actions involving claims that the defendants caused personal injuries and created a public nuisance by negligently distributing non-defective products.  Hamilton, et al. v. Accu-Tek, et al. (E.D.N.Y. 95 CV 0049);NAACP v. AcuSport, et al. (E.D.N.Y. 99 CV 7037).

Professional & Community Activities

Mr. Bender is a member of the Defense Research Institute (DRI), and has held several leadership positions within that organization. He is a graduate of the National Institute for Trial Advocacy (NITA) “Trial Techniques” program, and has received the William F. Levine and Judge Edward Hart awards for excellence in trial advocacy. His presentations and publications include:

Presentations

  • “Food Safety and Labeling,” Chartis; January 19, 2012.
  • “Practical Suggestions for Complying With the New Medicare/Medicaid Reporting Requirements,” Emerging and Environmental Claims Managers Association, Spring Meeting; May 2011.
  • “AEP v. Connecticut: Will the U.S. Supreme Court Climate Change Public Nuisance Lawsuits?,” DRI Webinar, April 21, 2011.
  • “Climate Change Litigation: Forecast 2011,” Chartis; February 7, 2011.
  • “Managing the Preservation of ESI:  How Law Firm ‘Vendors’ Help Lawyers Satisfy Their Evolving E-Obligations,” Gordon & Rees LLP; August 27, 2009.
  • Moderator, "Electronic Discovery Specialized Litigation Group Breakout Session,” DRI Products Liability Seminar; April 15, 2009.
  • “Managing the Preservation of ESI:  Duties, Opportunities & Best Practices,” Ellis & Winters LLP; July 14, 2009.
  • “You Can’t Defend a Vacuum in a Vacuum: The Importance of Knowing Your Client’s Product,” DRI Products Liability Seminar, Young Lawyers Breakout Session; February 6, 2008.
  • Moderator, "Electronic Discovery Specialized Litigation Group Breakout Session,” DRI Products Liability Seminar; February 8, 2008.
  • “Coupling: Partnering with a Products Defendant in an Electronic Age,” DRI Products Liability Seminar, Young Lawyers Breakout Session; February 8, 2007.
  • “Disaster Planning & Recovery for Lawyers,” New Jersey State Bar Association General Counsel Annual Meeting; October 27, 2006.
  • “The Dynamics of Law Firm Disaster Planning & Preparedness,” DRI Teleconference; October 3, 2006.

Publications

  • “Climate Change Public Nuisance Litigation: Contextualizing AEP v. Connecticut,” Environmental Claims Journal, 23:3-4, 177-189 (September 2011).
  • “The Importance of Hazard Analysis and Document Management under the Food Safety Modernization Act,” DRI, In-House Defense Quarterly (July 2011).
  • “Greenhouse Gas Emissions Caps Cannot Be Sought Under Federal Common Law; Fate of Other Claims Remains Unclear,” Harris Beach Legal Alert, June 2011.
  • “A Break in the Clouds: The Fate of Climate Change Public Nuisance Litigation Will Become Clearer in 2011;” Chapter 1, Inside the Minds: The Legal Impact of Climate Change; Thompson Reuters/Aspatore, 2011 ed.
  • “U.S. Supreme Court Denies Mandamus Petition in Comer v. Murphy Oil; Decision Contextualizes Other Appeals,” Harris Beach Legal Alert, January 2011.
  • “U.S. Supreme Court Grants Certiorari in Key Climate Change Public Nuisance Lawsuit,” Harris Beach Legal Alert, December 2010.
  • “Senate Passes Landmark Food Safety Modernization Act Giving FDA Increased Regulatory Authority Over Food,” Harris Beach Legal Alert, December 2010.
  • “Climate Change Public Nuisance Appeal Dismissed; Future of Broader Litigation Unclear,” Harris Beach Legal Alert, June 2010 (also published in Special Liability News, ECC Horizon, Vol. 3, No. 1).
  • “Greenhouse Gas Politics and Climate Change Public Nuisance Litigation,” Environmental Claims Journal, May 2010.
  • “Non-Judicial Action Likely to Impact Climate Change Nuisance Litigation,” ABA Toxic Tort & Environmental Law Newsletter, Spring 2010.
  • “What Insurance Carriers Need to Know About the New Medicare Reporting Requirements,” Harris Beach Legal Alert, February 2010
  • “A Gathering Storm: Recent Developments in Climate Change Litigation,” DRI For The Defense, January, 2010.
  • “EPA Issues Landmark Finding Regarding Greenhouse Gas Emissions,” Harris Beach Legal Alert, December 2009.
  • “Federal Courts Split on Climate Change Litigation,” New York Law Journal, November 24, 2009, at 4.
  • “Party’s Failure to Offer Legal Authority Results in Loss of Expert Challenge,” DRI Daubert Online, Vol. 1, Issue 9; November 16, 2009.
  • “Climate-Change-As-Public-Nuisance Decisions Highlight Circuit Splits,” Harris Beach Legal Alert, November 2009.
  • “Climate Change Public Nuisance Lawsuits More Viable Than Ever,” Harris Beach Legal Alert, September 2009.
  • “Causation Testimony Offered by Welder's Ergonomics Expert Partially Precluded in FELA Claim Against Railroads; Court Drafts Acceptable Testimony,” DRI Daubert Online, Vol. 1, Issue 8; May 22, 2009.
  • “Courts Preclude Unreliable Opinions Offered by Engineering, Human Factors and Appraisal Experts in Products Liability and Toxic Tort Cases,” DRI Daubert Online, Vol. 1, Issue 7; November 6, 2008.
  • “Testimony of Historians and Ethno-Historians Admitted to Provide Guidance to Court in Action Barring Native American Casino Development,” DRI Daubert Online, Vol. 1, Issue 6; April 30, 2008.
  • “Fire Investigation Expert Could Not Testify Regarding the Application of Fire Retardants to Consumer Apparel,” DRI Daubert Online, Vol. 1, Issue 5; June 13, 2007.
  • “Managing Corporate Voicemails Under the Amended Federal Rules of Civil Procedure,” Harris Beach Legal Alert, March 2007.
  • “Best Practices Minimize the Risks Associated with Electronic Medical Information,” F-SHRP, December 2006.
  • “New York City Board of Health Bans Trans Fats from All Food Service Establishments,” Harris Beach Legal Alert, December 2006.
  • “Expert Opinions Barred for Disclosure Delays and Assuming the Truth of Plaintiff’s Revenue Projections,” DRI Daubert Online, Vol. 1, Issue 4; November 14, 2006.
  • “An Attorney May Testify as an Expert in a Patent Case to Provide Foundation and Context; Insufficient Qualifications Result in Exclusion of Fire Experts,” DRI Daubert Online, Vol. 1, Issue 3; July 25, 2006.
  • “State-Based Medical Record Confidentiality: The Missing Link in E-Privacy Litigation?,” DRI For The Defense, June 2006.
  • “District Courts Preclude Testimony Regarding Carbonless Copy Paper and Infant Formula; Permit Testimony by Al Qaeda Expert,” DRI Daubert Online, Vol. 1, Issue 2; April 3, 2006.