San Francisco, California 94111
is a Partner in King & Spalding’s Tort and Environmental Litigation Group and resident in its San Francisco office. She specializes in the defense of manufacturers, distributors, retailers and others against product liability and employment claims in federal and state courts and regularly counsels clients regarding best product stewardship and employment practices to minimize litigation risk.
An experienced litigator and trial lawyer, Cheryl is skilled in handling complex litigation matters involving novel legal, medical, and scientific issues for companies in the drug, biologic, medical device, energy, chemical, machinery, and other industries. She regularly represents clients embroiled in putative class action and coordinated proceedings, and has obtained highly favorable outcomes for clients in product liability disputes and cases involving wage and hour, discrimination, retaliation, trade secrets, restrictive covenant, and unfair competition claims.
Cheryl’s specialization in both the product liability and employment fields makes her uniquely able to counsel life sciences companies regarding the protection of their most valuable assets — the drugs, biologics and devices they manufacture. Promotional efforts – in particular the activities of sales and marketing personnel – are a primary target for plaintiffs’ attorneys in product liability litigation. Frequently, the actions and statements of sales representatives and consultants help guide a plaintiff’s claims past the defenses manufacturers often rely upon in product liability disputes, including the learned intermediary doctrine and pre-emption. To best minimize litigation risk, manufacturers should view personnel management efforts in the overarching context of product stewardship, and adopt and enforce employment policies, procedures, and practices that encourage responsible job performance while discouraging problematic behavior. Consistent and principled management of personnel is not only key to compliance with employment laws, it is key to minimizing product liability risk.
|Areas of Practice||1) Product Liability Litigation , 2) Healthcare Industry , 3) Toxic Tort Litigation , 4) Pharma/Biotech/Med Devices , 5) Labor and Employment , 6) Contracts and Business Torts and 7) Trade Secrets & Non-Compete|
|Law School||J.D., University of Minnesota|
|Education||B.A., cum laude, University of Minnesota|
|Bar Member / Association||American Bar Association (ABA),|
|Most recent firm||King & Spalding LLP|
A. Harrison Barnes is a well-known attorney throughout the United States. As a member of the Malibu community, Harrison is committed to serving the needs of Malibu residents and businesses in legal matters.
Ms. Fitzgerald represents employers in a wide range of industries, including the entertainment, financial services, hospitality, manufacturing, retail, and transportation industries.