Kelsey Tavares

Products Liability and Mass Tort Actions

• Defended medical device companies in multi-district and mass tort actions involving allegedly defective implantable products;
• Represented multinational pharmaceutical and biotechnology companies in connection with individual product liability actions initiated after a voluntary recall of a combination pharmaceutical and medical device product;
• Monitored incidence of litigation involving ethylene oxide and advised on risk of liability to company on an ongoing basis; and
• Advised leading wireless network operator on products liability risks associated with new ventures involving emerging technologies.

Regulatory Representation

• Counseled companies on state and federal permit and registration issues (FDA, USDA, TTB, CPSC, and state and local agencies);
• Conducted legal review of promotional activities, including labeling and marketing claims for various food, beverage, cosmetic, alcohol, and consumer products based on regulatory requirements (including FDA, TTB, FTC, USDA, CPSC, and state and local agencies);
• Advised clients on agreements involving contract manufacturers and raw material suppliers (cGMP/ISO);
• Coordinated regulatory advice from counsel in Canada, Europe, Asia, and Latin America for clients with regulated products in multiple ex-U.S. jurisdictions; 
• Advised companies on product recall management, risk mitigation, and compliance; and
• Conducted regulatory due diligence in transactions on behalf of clients in corporate transactions involving regulated products.

Class Actions and Complex Commercial Disputes

• Defended multinational technology company specialized in consumer electronics, software and online services in connection with consumer class actions;
• Represented foodservice distributor in connection with class action suit involving deceptive product labeling and advertising claims; 
• Represented pro bono clients bringing class action lawsuit challenging deficincies in administration of SNAP Act entitlements; 
• Represented clients in state and federal district and appellate courts in the context of real estate disputes involving purchase and sale agreements, commercial eviction actions, development agreements, and COVID-19-related litigation brought against commercial proprietors; and
• Represented and advised companies in the context of private fund disputes, including in cases involving low-income housing tax credit syndication.
• Represented former founder and CEO of tele-dentistry company in connection with retaliation suit brought against venture capital investors and directors; and 
• Represented insurance company as national counsel on portfolio of aging services cases. 

• Co-author, "FDA’s Recent Guidance on Real-World Evidence and the Potential Impact for Mass Tort Litigation," American Bar Association, April 15, 2022
• Co-author, "Compliance Tips For Marketing Health Benefits In Alcohol," Law360, October 15, 2021
• Co-author, "EU Medical Device Regulation May Spur Litigation Uptick," Law360, May 14, 2021

Kelsey is also a co-manager of Cultivate, a DLA Piper blog focused on the hemp and CBD industry.