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Cheryl A. Falvey

Partner

cfalvey@crowell.com
Phone: +1 202.624.2675
1001 Pennsylvania Avenue NW
Washington, DC 20004-2595

Named as a Governance, Risk & Compliance Trailblazer & Pioneer by National Law Journal


Cheryl A. Falvey is a partner in the Mass Tort, Product, and Consumer Litigation Group, a leader in the firm’s Digital Transformation initiative, and a member of the firm’s management board. An experienced trial lawyer, she defends class actions, unfair competition, product liability and other mass tort claims arising out of consumer, occupational, and environmental exposures. She also provides brand and consumer protection counseling services, with a focus on product safety and security, including the Internet of Things; privacy; anti-counterfeiting; and digital media. Cheri represents a wide range of clients, from emerging companies to multinational Fortune 500 conglomerates.

A hallmark of Cheri's practice is helping clients launch innovative new products while protecting their brand and reputation, avoid and defend liability in the marketing of their products, build safety and security into their products with science-based risk assessment, and successfully navigate product safety challenges with rapid response. She represents clients on litigation and counseling matters regarding:

  • Compliance with statutes and regulations enforced by the CPSC, FDA, NHTSA, and the FTC. 
  • Handles product recalls conducted in cooperation with NHTSA, CPSC, and FDA, and defends clients in agency enforcement actions. 
  • Advises manufacturers faced with the potential release of unfair and inaccurate information by the government. 
  • Counsels and defends clients on the sale and marketing of consumer products on the Internet, including compliance with the Children's Online Privacy Protection Act, the FTC's Green Guides, and state and federal privacy laws.

Prior to joining Crowell & Moring, Cheri served as the general counsel of the CPSC. In that capacity, she oversaw all federal court litigation, including civil and criminal cases referred by the Commission to the Department of Justice. Her tenure at the CPSC included advising the agency on the implementation of the Consumer Product Safety Improvement Act, a sweeping change to its statutes that had an impact across diverse industry sectors.

Cheri serves as co-chair of the American Bar Association’s Internet of Things Committee, Science & Technology Law Section. She was named to the National Law Journal's 2014 list of Governance, Risk & Compliance Trailblazers & Pioneers. Prior to joining the CPSC, Cheri had over 20 years of private practice experience as a partner with another international law firm where she chaired the firm's D.C. litigation practice.

Representative Litigation Matters

  • Defense of automobile manufacturer in a class action alleging security vulnerability that makes the cars susceptible to third-party hackers.
  • Defense of a food manufacturer in class action and consumer protection cases involving allegations of misleading labeling of product ingredients.
  • Defense of a national fast food retailer in class action alleging consumer fraud in the marketing of foods as trans fat free.
  • Defense of cell phone manufacturers in MDL class actions and mass tort cases — one related to alleged defects in call processing technology, and another involving product liability allegations that cell phones caused plaintiffs' brain cancer.
  • Defense of multiple CPSC agency enforcement actions alleging failure to report alleged defect in recalled products.
  • Prosecution of indemnification claim regarding liability for alleged chronic beryllium disease contracted by dental technicians during use of dental alloys manufactured using beryllium.
  • Defense of patent infringement case regarding various methods of streaming audio content over the internet in connection with online radio service; case settled after several weeks of trial in federal court in Corpus Christi, Texas.
  • Prosecution of Lanham Act false advertising and trademark infringement case involving the marketing and sale of exchanged traded funds.
  • Defense of a South Carolina Deceptive Trade Practices Act claim that grocery stores conspired to refuse to sell barbecue sauce because of client's political position regarding the removal of the South Carolina flag from the state house.
  • Defense of toxic tort litigation regarding client's catalyst products and allegations related to lung disease caused by exposures in the Virgin Islands and successfully developed sophisticated intermediary defense.
  • Defense of refinery in cases alleging community exposures to chemicals as a result of refinery explosion releasing hydrofluoric acid; tried bellwether case to defense verdict and settled remaining cases.
  • Dismissal on summary judgment after argument in New York State Appellate Division of worker claims of negligence, strict product liability, breach of warranty, and fraud regarding talc exposures in defendant's mining operations.
  • Prosecution of breach of contract, product liability, false advertising and unfair competition claims on behalf of a consumer product manufacturer against a home shopping network.
  • Prosecution of an injunction proceeding for industrial product manufacturer against a competitor for trade secret misappropriation and patent infringement in the Western District of Virginia; case settled favorably after court granted motion for preliminary injunction.
  • Prosecution of a challenge to EPA rulemaking on chemical issues for failing to provide due process as required under the Administrative Procedure Act.

Representative Counseling Matters

  • Advising several international consumer product manufacturers and retailers with regard to upgrading compliance and crisis management plans, including its call center processing and data collection efforts, to enhance safety and compliance programs and ensure timely reporting of safety-related matters to the CPSC, FDA, and NHTSA.
  • Counseling a consumer electronics manufacturer and retailer with regard to the launch of a children's product, including testing and certification requirements, required product labels, product manuals, and warnings with regard to product use.
  • Advising a consumer electronics manufacturer regarding interconnectivity of products on the Internet of Things, including security and interference testing, FTC and FCC expectations, and warranties, warnings, and disclaimers.
  • Counseling a bicycle manufacturer with regard to defect analysis on both bicycle components and bicycle helmet compliance and CPSC reporting issues and recalls.
  • Advising a toy manufacturer on advertising product features to children and alleged misrepresentations on product packaging.
  • Reporting choking hazards to the CPSC on behalf of several clients, including a juvenile products manufacturer of infant child care articles and a toy manufacturer.
  • Responding to FTC investigation of Made in America claims with regard to products sold for both consumer and government use and advising on process improvements to ensure compliance.
  • Advising a fashion retailer on FTC textile and country of origin labeling, faux fur requirements, and requirements with regard to state green chemistry laws.
  • Negotiating voluntary corrective action plans with the CPSC and NHTSA with regard to consumer products and automotive components and accessories.
  • Counseling on anti-counterfeiting issues and CPSC compliance issues with regard to components of consumer electronics products, including lithium ion batteries and battery cells, chargers warranty terms, and service contract arrangements with regard to the sale of building products and consumer products.
  • Advising a fashion retailer in connection with CPSC investigation into alleged violations of the federal flammability requirements.
  • Responding to FTC inquiries and related regulatory counseling regarding product advertising and labeling issues, including biodegradability claims, slack fill packaging, Made in America, and "up to" claims.
  • Counseling on whether after-sale complaints trigger reporting obligations at CPSC, FDA, or NHTSA, including analysis of acute hazards, such as fire and mechanical failures, and chronic issues, such as exposure to mold or the chemicals used in production of the products.
  • Counseling on warranty terms and service contract arrangements and transferability with regard to the sale of building products and consumer products.
  • Advising automobile manufacturers regarding privacy compliance, including in connection with the incorporation of cameras on dashboards and the black box information collected and stored in automotive equipment.
  • Representing a manufacturer of computers and telecommunications equipment regarding privacy and data breach issues when refurbished products allegedly were not wiped clean and subsequently resold online.
  • Advising a health care provider regarding a network intrusion and security breach, coordinating internal investigation and disclosure in accordance with federal and state privacy laws.
  • Counseling a major retailer on the terms and conditions of rewards and gift card programs, including issues related to data collection, privacy, and state escheat laws.
  • Counseling an online marketing firm on compliance with sweepstakes and intellectual property laws regarding an Internet contest in which participants submitted an original recording of a song in order to win a prize.
  • Counseling of a major grocery store chain in regard to its annual sweepstakes contests, including drafting of the official rules and review of print, radio, television, and Internet advertisements.  
  • Counseling a national retail chain regarding compliance with COPPA and state sweepstakes laws applicable to a children's art contest involving selection of the artwork to be used on a charitable organization's yearly holiday card.

Education

  • Wellesley College, B.A. (1984)
  • Georgetown University Law Center, J.D. (1987)

Affiliations

Admitted to practice: District of Columbia, New York, Virginia (inactive)

View More

"NIST Floats Revised IoT Guidance as California Law Goes Into Effect," Privacy Law Alert (January 28, 2020). Contacts: Jeffrey L. Poston, Kate M. Growley, CIPP/G, CIPP/US, Cheryl A. Falvey, Kristin J. Madigan, CIPP/US, Paul M. Rosen
Client Alert / Newsletter
AI and Internet of Things Herald 'Regulation by Litigation', Report Claims The Global Legal Post (January 24, 2020)
In the News
Litigation Experts Warn That General Counsel Must Dive Deep Into New Technology Products Corporate Counsel (January 23, 2020)
In the News
"A Tangled Web: How the Internet of Things and AI Expose Companies to Increased Tort, Privacy, and Cybersecurity Litigation," Crowell & Moring's Litigation Forecast 2020 (January 22, 2020). Contributors: Jeffrey L. Poston, Cheryl A. Falvey, Evan D. Wolff, Paul M. Rosen, Jennifer S. Romano, Kristin J. Madigan, Gabriel M. Ramsey, and Laurence Winston.
Publication
Think Your Client Alerts Are Good? Check Out Crowell’s Litigation Forecast AmLaw Litigation Daily (January 22, 2020)
In the News
"Solving for Stupid: How Far should the CPSC Stretch to Address Foreseeable Misuse," Crowell & Moring's Retail & Consumer Products Law Observer (December 11, 2019). Authors: Cheryl A. Falvey, Carolyn W. Wagner and Matthew Cohen.
Publication
"Congress Moves Forward on Bipartisan Autonomous Vehicle Bill," Regulatory Alert (November 7, 2019). Contacts: Cheryl A. Falvey, Laura Foggan, Rukiya Mohamed, Scott L. Winkelman
Client Alert / Newsletter
WomenInc. Names Crowell & Moring a Top Law Firm for Women (Nov.06.2019)
Firm News / Announcement
"APEC Taking Lead on IoT Standards and Cybersecurity," Regulatory Alert (October 7, 2019). Contacts: Robert Holleyman, Clark Jennings, Cheryl A. Falvey, Olivia Burzynska-Hernandez
Client Alert / Newsletter
"USPS Joins the Drone Delivery Domain with RFI for Services," Regulatory Alert (October 3, 2019). Contacts: Mary-Caitlin Ray, Laura Foggan, Cheryl A. Falvey
Client Alert / Newsletter

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Crowell & Moring LLP is an international law firm with more than 500 lawyers representing clients in litigation and arbitration, regulatory, and transactional matters. The firm is internationally recognized for its representation of Fortune 500 companies in high-stakes litigation, as well as its ongoing commitment to pro bono service and diversity. The firm has offices in Washington, DC, New York, Los Angeles, San Francisco, Orange County, London, and Brussels.

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