2023 Speakers

Bennett B. Borden

Partner, Chief Data Scientist, DLA Piper LLP (US)

Increased use and influence of artificial intelligence (AI) systems by companies and consumers bring with them new and dynamic oversight, compliance, governance and disclosure challenges. Governments and other stakeholders around the world are adapting and developing laws, regulations and rules to address the impacts of these disruptive technologies. Companies and their leaders will need to consider the worldwide regulatory and other obligations related to the adoption and use of AI.    In this presentation, we discuss the different kinds of AI systems and their benefits and risks, and where we are seeing litigation risk and new theories of liability emerging.

Sarah Brew

Faegre Drinker Biddle & Reath LLP

Sarah Brew provides clients with a unique 360-degree perspective on the legal issues and risks facing food companies, coupled with practical business-sensitive advice. As one of the country’s leading food litigators, Sarah effectively defends food industry clients against consumer fraud class actions and represents food processors, distributors and retailers in foodborne illness cases and supply chain disputes arising from recalls and contaminated products. She is also a nationally known food regulatory lawyer, counseling clients across the gamut of regulations, compliance and enforcement actions. Sarah is nationally ranked by Chambers as a “USA Top Lawyer,” and she leads Faegre Drinker’s nationally ranked Food Litigation and Regulatory Practice.

Lauren Brogdon

Partner, Haynes Boone and Chair, Crisis Management Practice Group

Lauren Brogdon is a partner in the Energy Litigation Practice Group in Haynes Boone’s Houston office and chair of the firm's national Crisis Management Practice Group.

Lauren has significant experience representing energy clients in suits related to hydraulic fracturing and other oil and gas operations, mass tort litigation arising from catastrophic industrial accidents, and toxic tort suits involving chemical exposure and environmental contamination. She has handled high-profile cases related to fires, chemical spills, pipeline explosions, and other disasters. She also frequently advises boards, C-suites, and business unit heads on a range of litigation avoidance, product liability, and marketing strategies.

Throughout the course of her career, Lauren has devoted significant time and resources to charitable activities and pro bono litigation. She has successfully represented dozens of clients in divorce and child custody suits and disputes involving domestic violence. Lauren previously served as chair of Houston Volunteer Lawyers, the largest provider of pro bono services in Harris County. She also previously served as president of the Houston Young Lawyers Association.

Veronica Colas

Counsel, Hogan Lovells US LLP

Veronica Colas counsels clients on the regulations and policy issues affecting food companies from farm to table.

Using her keen awareness of today's class action litigation environment, Veronica helps develop new products, label claims, and advertising materials. She has a deep understanding of both current and forthcoming food labeling and production requirements ranging from nutrition and menu labeling, to the regulatory issues surrounding bioengineered foods and organic food production.

Veronica provides clear advice and practical solutions for compliance with labeling, advertising, and safety regulations from the Food and Drug Administration (FDA), U.S. Department of Agriculture, and Consumer Product Safety Commission. She has significant experience in helping clients navigate regulatory enforcement challenges, such as recalls, Warning Letters, import detentions, and investigations by the Federal Trade Commission. Veronica works closely with trade associations and food companies to craft comments and develop strategies in response to public policy issues such as agency rulemaking and nutrition policy. She represents all segments of the food industry, including manufacturers, retailers, restaurants, and food service companies.

She is a regular speaker and contributor to industry publications, including providing training sessions to corporate clients on Food Law 101, food labeling and marketing, and claim substantiation.

Gustav W. Eyler

Partner, Gibson, Dunn & Crutcher

Gustav W. Eyler is a partner in the Washington, D.C. office of Gibson, Dunn & Crutcher.  He is Co-Chair of the firm’s FDA and Health Care Practice Group and a member of the White Collar Defense and Privacy Practice Groups.  An experienced litigator and a former Director of the U.S. Department of Justice’s Consumer Protection Branch, he defends companies and individuals in government investigations and enforcement actions and counsels clients on the design and implementation of compliance programs.

Mr. Eyler brings broad and practical experience to clients facing government investigations and litigation.  As Director of the Consumer Protection Branch from 2017 to 2022, Mr. Eyler led more than 250 prosecutors and staff in criminal and civil enforcement actions involving drugs, medical devices, food, tobacco, consumer products, and fraudulent schemes.  He personally oversaw and handled matters involving a wide range of statutes, including the Federal Food, Drug, and Cosmetic Act; the Controlled Substances Act; the Consumer Product Safety Act; the Anti-Kickback Statute; the False Claims Act; provisions administered by the National Highway Traffic Safety Administration; and numerous fraud laws.  He also led the Justice Department’s partnership with the Federal Trade Commission in achieving landmark corporate resolutions in privacy and deceptive-practice cases related to social media, marketing, and health care companies.

Clients also rely on Mr. Eyler’s experience to mitigate the risk of government enforcement actions through corporate compliance programs and proactive litigation.  At the Justice Department, Mr. Eyler helped to craft new corporate compliance guidance as a member of the Deputy Attorney General’s Corporate Crime Advisory Group.  He also litigated multiple challenges to actions of the Food and Drug Administration and other agencies in courts throughout the country.

Before serving as Director of the Consumer Protection Branch, Mr. Eyler worked as a Counselor to the Attorney General, providing advice on matters related to the U.S. Attorney’s Offices, the Criminal Division, the FBI, and the DEA.  He also served as a prosecutor in the Criminal Division’s Fraud Section and the U.S. Attorney’s Office for the District of Maryland.  Mr. Eyler is a recipient of both the Attorney General’s Distinguished Service Award and the Attorney General’s Fraud Prevention Award.  Prior to joining the Justice Department, Mr. Eyler worked at Gibson Dunn, as counsel to the U.S. Senate Judiciary Committee, and as a law clerk to Judge Thomas L. Ambro of the U.S. Court of Appeals for the Third Circuit.

Mr. Eyler received his J.D. from Yale Law School, where he was Editor-in-Chief of the Yale Law & Policy Review and an author for the Yale Law Journal.  He received his undergraduate degree, summa cum laude, from Princeton University and studied history at Merton College, Oxford.

Mr. Eyler speaks and lectures regularly on white collar, life sciences, and privacy issues.

Elizabeth Fawell

Partner, Hogan Lovells US LLP

Elizabeth has worked with every segment of the food industry, including manufacturers, distributors, retailers, restaurants, and food service operators, as well as their trade associations.

Her work on behalf of food industry clients with the Food Safety Modernization Act (FSMA) since its inception and her understanding of Hazard Analysis Critical Control Point (HACCP) systems provides her with the experience and perspective needed to counsel clients on how to comply with new requirements under the law. Elizabeth is also a Preventive Controls Qualified Individual (PCQI) and has completed the FSPCA PCQI training.

Elizabeth understands how laws, regulations, and guidance documents are developed, interpreted, and enforced. Her extensive knowledge enables clients to prevent or respond to enforcement actions such as Warning Letters, Import Alerts, and agency investigations. She helps clients in determining whether an RFR report is necessary and whether a recall is warranted. If so, she helps manage the recall to minimize business impacts.

Elizabeth provides real-time advice during factory inspections, helps clients prepare 483 responses, and drafts inspection manuals. She assists clients in lawfully and creatively promoting their products; such as the development of labels, claims, and website and promotional campaigns. Elizabeth also supports clients in advertising disputes and with responses to FTC and Attorney General investigations.

Elizabeth helps clients stay informed of and ahead of public policy issues and develops strategies for effective advocacy before regulators. She also counsels clients on compliance with Consumer Product Safety Commission (CPSC) safety standards, testing and certification requirements, and reporting obligations.

Elizabeth is also a member of the Food and Dietary Supplements Committee of the Food and Drug Law Institute.

Brendan Fitzgerald

Shareholder, Littler Mendelson, P.C.

In Brendan Fitzgerald's labor and employment law practice, he regularly advises and represents employers in a broad range of labor and employment law matters arising under international, federal, and state laws. As a complement to this domestic labor management relations practice, Brendan helps multinational corporations based in the United States and abroad formulate and implement strategies to respond to efforts by labor unions and nongovernmental organizations to discredit them through global campaigns. Brendan practices in various federal and state courts and administrative agencies on a variety of employment law matters, including a wide range of discrimination, harassment, and retaliation claims, and he has assisted in the defense of a number of class actions arising under federal and state laws. 

Brendan’s entire practice is guided by his having spent more than two years in-house within the healthcare field.  During his time away from the firm, Brendan developed and implemented comprehensive labor relations and positive employee relations strategies. This experience has given Brendan a unique lens to assist clients in developing and implementing practical solutions. 


Svetlana S. Gans

Partner, Gibson, Dunn & Crutcher

Svetlana S. Gans is a partner in the Washington, D.C. office of Gibson, Dunn & Crutcher where she helps clients navigate complex consumer protection (advertising, marketing, privacy, and right to repair) and competition related regulatory proceedings before the U.S. Federal Trade Commission (FTC), U.S. Department of Justice Antitrust Division, and other enforcement bodies, and provides strategic advice on related public policy issues.

Ms. Gans previously served with distinction as Chief of Staff to Acting Chairman Maureen K. Ohlhausen at the FTC.  As the agency chief of staff, Ms. Gans managed and oversaw agency operations, including bureau and office heads reporting to the Chairman, a seven-member office staff, and an agency budget of over $300 million.  She also served as the Acting Chairman’s key advisor on consumer protection and competition investigations and litigation, working with a diverse team of attorneys and economists to preserve competition and protect U.S. consumers.  She created, executed, and oversaw several strategic initiatives for the agency, including the agency process reform, regulatory reform, and data security transparency initiatives.  Previously, Ms. Gans had the unique experience of serving in both litigating bureaus of the FTC: the Bureau of Competition and the Bureau of Consumer Protection.  Before joining Gibson Dunn, Ms. Gans served as the Vice President & Associate General Counsel at NCTA, the Internet & Television Association, where she helped lead the association’s consumer protection and competition policy work.

Ms. Gans was recently named as one of Lawdragon’s “500 Leading Litigators in America” for 2023.  Ms. Gans is a frequent speaker on FTC policy and enforcement issues, including FTC rulemaking.  Ms. Gans is also active  in the ABA Antitrust Law Section (“Section”), currently serving as the Section’s Committee Officer.  In that role, Ms. Gans overseas the operations of 28 Section substantive committees, including committees covering consumer protection, privacy, corporate counselling, and federal civil enforcement.

Ms. Gans is a keen supporter of, and mentor to, law students and young lawyers interested in antitrust and consumer protection law.  Ms. Gans helped create the Section’s  Young Lawyer Representative Program, now in its 12th year, and the Section’s Law Ambassador Program, each aimed at developing and promoting the next generation of consumer protection and competition attorneys.  Ms. Gans also serves on the Federal Communication Bar’s Executive Committee and as a co-chair of its Diversity Pipeline Program, an initiative designed to develop and promote underrepresented law students in the bar.  Ms. Gans also serves on Gibson Dunn’s Professional Development Committee and is active with the WICT Network – an organization dedicated to developing women leaders in the media, entertainment, and technology industries.

Ms. Gans served as a Judicial Intern to the Honorable John L. Kane, Jr., while in law school, and as an Honors Program Paralegal for the United States Department of Justice Antitrust Division, Merger Taskforce, prior to law school.  Ms. Gans received her law degree with high honors from the University of Denver College of Law and earned her undergraduate degrees cum laude from Boston University.

Jennifer Hatcher

Chief Public Policy Officer & Senior Vice President, Government Relations, FMI

Jennifer Hatcher serves as Chief Public Policy Officer and Senior Vice President, Government Affairs for FMI - the Food Industry Association, overseeing federal, state and regulatory efforts on public policy, legislative and political issues impacting the supermarket industry.  She has held this position since April 2009 and has been at FMI in the government relations area since March 1998. 

Prior to coming to FMI, Jennifer served as Chief of Staff to United States Congressman Spencer Bachus (AL).  Jennifer also served as Special Assistant and White House Liaison at the Department of the Treasury during President George H.W. Bush’s Administration.  Jennifer has an undergraduate degree in Political Science and Communication from Vanderbilt University and a Masters in Government from Johns Hopkins University.

Jennifer has participated in a variety of congressional briefings and panels and has testified before the U.S. House of Representatives Committee on Agriculture, Nutrition and Forestry; Committee on Ways and Means and Committee on Oversight and Government Reform.

Jackie E. Kalk

Shareholder, Littler Mendelson, P.C.

Jacqueline E. Kalk represents and counsels management clients in a wide variety of industries, including manufacturing, construction, crowd sourcing and virtual companies. Jacqueline’s practice encompasses a broad range of employment law matters, with a particular focus on independent contractor classification and wage and hour litigation and analysis. She litigates individual, class and collective claims of all types, appearing in state and federal courts and before administrative agencies on matters such as:Independent contractor classification, Wage and hour, Equal pay, Equal employment matters.

Jacqueline's expertise extends to counseling management on how to properly classify workers, avoid litigation and develop necessary policies and practices. She also has implemented training classes for employers in a wide variety of venues targeted at understanding the litigation process and avoiding litigation.

Deepti A. Kulkarni

Partner, Covington & Burling LLP

Drawing from over a decade of experience working in both FDA’s Office of Chief Counsel and private practice, Deepti Kulkarni provides strategic advice to clients on a wide range of complex matters involving FDA and USDA regulatory oversight. She has played a key role in the development and implementation of the regulatory frameworks for alternative proteins as well as bioengineered food and agriculture products.

Deepti advises companies developing and marketing animal products, foods, dietary supplements, and cosmetics at nearly every step of the product lifecycle. She also counsels clients on potential crises, such as product recalls, import refusals, and other regulatory actions.

Deepti previously served as an Associate Chief Counsel in the FDA’s Office of Chief Counsel. While at FDA, she counseled various components of FDA and HHS on a broad scope of issues related to animal products, foods, dietary supplements, and cosmetics, as well as cross-product matters involving imports and exports, advisory committees, and constitutional issues. Deepti received several awards during her time at the FDA, including the FDA Award of Merit (FDA’s highest award), Commissioner’s Special Recognition Award, and the CFSAN Director’s Special Citation Award.

Sharon Lindan Mayl

Partner, DLA Piper

Sharon Lindan Mayl is a Partner at DLA Piper in Washington DC., having recently joined the firm after more than 25 years at the Food and Drug Administration.  As a Senior Advisor for Policy in FDA’s Office of the Commissioner, Sharon has a deep wealth of knowledge in the areas of food safety, imports, third-party audits, nutrition, dietary supplements, and cannabis products. She played a leading role in implementing the FDA Food Safety Modernization Act (FSMA) and led the implementation of the New Era of Smarter Food Safety initiative, which seeks to leverage technology and other tools and approaches to create a safer and more digital, traceable food system. Sharon also served as an agency lead on FDA’s Cannabis Products Committee, which coordinated cannabis policy at the agency.  Sharon earned her undergraduate degree at Cornell University and her law degree at Harvard Law School.

Tim Newman

Partner, Haynes Boone, Government Enforcement and Litigation

Tim Newman is a litigator with experience in white collar defense, internal investigations, complex litigation, and cybersecurity. He has spent most of his career helping clients stay out of trouble with government agencies. Tim prides himself on being proactive, working closely with his clients, and leveraging technology to maximize the value of his work.

Tim is passionate about service and is consistently recognized for his leadership. He currently serves on the Dallas Bar Association Board of Directors. He received the Jo Anna Moreland Outstanding Committee Chair Award from the Dallas Bar Association in 2021 and the Kirk Watson Excellence in Leadership Award from the Texas Young Lawyers Association in 2020. He has also been selected as a Leading Dallas-Area Professional ‘20 Under 40’ by People Newspapers, D Magazine Partners, selected for inclusion in Texas Super Lawyers Rising Stars, Thomson Reuters, and recognized in D Magazine’s “Best Lawyers Under 40” list.

Ashley Anguas Nyquist

Of Counsel, Covington & Burling LLP

Ashley Nyquist guides clients through their most sensitive, high-stakes matters, including government investigations, independent investigations, and internal investigations into issues posing enterprise-level risk.

Ashley regularly represents clients -- from the largest multi-national companies to individuals -- in connection with government and internal investigations into alleged fraud, corruption, and other criminal conduct or issues of regulatory concern. She has considerable experience navigating complex, multi-dimensional matters involving parallel criminal, civil, and reputational risks.

Ashley routinely handles highly sensitive reviews and investigations related to workplace misconduct and institutional culture, including:

  • Leading internal investigations for corporate and non-profit clients related to allegations of sexual misconduct, harassment, discrimination, and other misconduct by executives and other leaders;
  • Conducting independent investigations into allegations of sexual misconduct; and
  • Guiding clients through proactive workplace culture assessments designed to mitigate risk.

Ashley has worked with clients from a variety of sectors and industries, including technology, consumer products, food processing, financial services, life sciences, and education.

Ashley’s pro bono work includes representing individual criminal defendants in state court.

Before practicing law, Ashley taught high school English in rural China.

Michael J. Perry

Partner, Gibson, Dunn & Crutcher

 

Michael J. Perry is a partner in the Washington, D.C. office of Gibson Dunn & Crutcher, LLP and a member of the firm’s Antitrust and Competition Practice Group.

Mr. Perry represents clients in merger and non-merger related investigations before the U.S. Federal Trade Commission and the U.S. Department of Justice, and complex private and government antitrust litigation.  His practice spans a variety of industries, including healthcare and life sciences, energy, and technology, and he is experienced in issues at the intersection of antitrust and intellectual property law. Mr. Perry has been named a leading antitrust practitioner by Chambers USAThe Legal 500Global Competition Review,  Law360 and Who’s Who Legal , described by Chambers as a “terrific lawyer who can translate complicated items into laymen’s terms.”

Mr. Perry previously served as Counsel to the Director of the Federal Trade Commission’s Bureau of Competition from 2015 to 2016 and as an attorney in the agency’s healthcare division.  During his tenure at the FTC, Mr. Perry played an integral role in many of the agency’s most significant antitrust enforcement actions, including FTC v. Actavis FTC v. Cephalon, FTC v. Sysco, and FTC v. St. Luke’s Health System.

Mr. Perry currently serves in the leadership of the Antitrust section of the American Bar Association as Senior Editor of the Antitrust Law Journal.  Before joining Gibson Dunn, Mr. Perry was an antitrust partner at an international law firm.  He clerked for the Honorable Allyne R. Ross of the United States District Court for the Eastern District of New York, and the Honorable Michael A. Chagares of the United States Court of Appeals for the Third Circuit.  Mr. Perry received his law degree, with distinction, from Stanford University.  He earned a Bachelor of Arts degree summa cum laude from Wake Forest University.

Representative matters include: 

  • Representing Novartis’ Sandoz division in the In re Humira Antitrust Litigation putative class action (N.D. Ill.).
  • Represented DaVita in the FTC’s conditional approval of the acquisition of the University of Utah’s dialysis business.
  • Represented Merck in securing FTC clearance for its acquisition of Virbac’s Sentinel business and other strategic transactions.
  • Represented Indorama Ventures in securing global antitrust clearance for multiple strategic transactions, including its joint venture with other U.S. PET resin manufacturers and its acquisition of Huntsman’s integrated oxides and derivatives business.
  • Defended Arch Coal in the FTC’s challenge to its proposed joint venture with Peabody Energy to combine the companies’ U.S. thermal coal assets (E.D. Mo.).
  • Defended Valero Energy in the California Attorney General’s challenge to the proposed acquisition of Plains All American Pipeline’s Bay Area terminals (N.D. Cal.).
  • Represented RealPage in securing DOJ clearance for its acquisition of Lease Rent Options and related assets from the Rainmaker Group.
  • Defended Columbia University against antitrust claims involving digital television technology, obtaining dismissal on the pleadings (N.D.N.Y).
  • Represented Fujifilm in antitrust litigation and related actions relating to magnetic tape cartridges (S.D.N.Y.).

Representative publications and speaking engagements include:

  • “Antitrust Enforcement Policy for Cross-market Health Care Mergers: Legal Theories, Limiting Principles, and Practical Considerations,” Antitrust Law Journal (2020)
  • “Antitrust Issues with Biologics and Biosimilars in the U.S. and Europe,” ABA Section of Antitrust Law (March 2020)
  • “The First Cut is the Deepest: Use of Economics Before the Antitrust Agencies and the Courts,” Antitrust Magazine (Spring 2018)
  • “The FDA and FTC’s Increased Focus on Generic Drug Competition Signals Enhanced Attention to REMS Issues,” Antitrust Health Care Chronicle (April 2018)
  • “Antitrust Fundamentals for In-House Counsel,” Association of Corporate Counsel (May 2017)
  • “Pharmaceutical Antitrust Enforcement in the Trump Administration: Forecast Based on Past Administrations and Current Trends, Genetic Engineering & Biotechnology News (March 2017)
  • “Patents, Antitrust and Pharma: Different Rules?,” Antitrust and Intellectual Property Conference, ABA Section of Antitrust Law (October 2015)
  • “Health Care Antitrust 101,” ABA Section of Antitrust Law (March 2015)
  • “State and Federal Enforcement in Non-reportable Transactions,” ABA Section of Antitrust Law (February 2015)
  • “After Actavis: FTC Update,” Intellectual Property Owners Association (January 2014)

Mr. Perry is admitted to practice in the District of Columbia, California, the United States District Court for the Northern District of California, and the United States Court of Appeals for the Seventh Circuit.

Raqiyyah Pippins

Partner, Arnold & Porter

Ms. Pippins is a partner at Arnold & Porter and co-leads the firm’s Consumer Products Practice Group and the Consumer Products & Retail Industry Team. She has extensive experience representing companies that are engaged in the development, marketing, import, and export of consumer products, including FDA-regulated consumer products, apparel, appliances, and devices. Ms. Pippins focuses her practice in the areas of FDA's regulation of food, dietary supplement, cosmetic, drug and medical-device products sold directly to consumers as well as FTC and state regulation of the marketing and sale of consumer products. She collaboratively partners with litigation teams to defend clients against consumer litigation demands alleging unfair and deceptive advertising practices. She also routinely represents consumer product companies in advertising challenges before the National Advertising Division (NAD) of the Better Business Bureau National Programs and defends companies in investigations conducted by the FDA, FTC, and state agencies regarding product marketing practices.

Ms. Pippins has particular experience assisting companies develop promotional strategies that account for the federal and state regulations governing direct-to-consumer product promotion. Her experience includes advising consumer product companies on relevant federal and state laws and regulations governing health-related, performance, and sourcing claims (e.g., natural, organic, and green claims) for apparel, conventional food, dietary supplements, cosmetics, and devices; assisting FDA-regulated companies with product development, monograph compliance, and Rx-to-OTC switches; and counseling companies regarding the development of clinical and sensory studies intended to substantiate advertising claims. She is a trusted advisor of trade organizations supporting manufacturers of FDA-regulated products regarding FTC and state standards that also impact the risk profile for companies' product portfolios, and is regularly invited to work directly with clients' marketing and research and development teams to help identify marketing strategies that are consistent with the desired risk threshold for the company. According to clients, she is “excellent at crafting solutions that ensure regulatory compliance within the business context, helping to provide practical advice that takes into consideration the way in which a business operates.”

Michael Richards

Director, Policy, Technology Engagement Center, U.S. Chamber of Commerce

Michael Richards is director of policy at the U.S. Chamber of Commerce Technology Engagement Center (C_TEC). He manages the Chamber’s artificial intelligence and IT modernization work, which analyzes federal artificial intelligence, facial recognition, and IT modernization policy impacting U.S. businesses. Richards also directs the Chamber’s AI Policy Working Group, which comprises over 100 companies and trade associations, which has developed AI principles.

Before joining the Chamber, Richards served as deputy chief of staff and legislative director for Rep. Scott Franklin (FL-15) and served in the same role for Rep. Pete Olson (TX -22) before his retirement. Richards was the lead staffer for Olson’s work as co-chair of the House AI Caucus and the Victims’ Rights Caucus. He also handled the Communication & Technology portfolio for the congressman within the Energy and Commerce Committee.

Richards earned his undergraduate degree at Texas State University and his Master of Public Policy from Pepperdine School of Public Policy.

Leslie G. Sarasin

President and CEO, FMI

Leslie G. Sarasin is the president and chief executive officer of  FMI, the food industry association, which represents more than 1,500 member companies in the United States and around the world. Under Sarasin's leadership, FMI has become a forward focused and member centered organization committed to help supermarkets excel in their role of feeding families and enriching lives. Her synergistic style and determined spirit of collaboration has infused FMI with a renewed commitment to help its members address the critical industry issues of the day - food safety and the emerging importance of health and wellness. Prior to coming to FMI, Sarasin was president and CEO of the American Frozen Food Institute.

Suzie Trigg

Partner, Haynes and Boone, LLP

As co-chair of the Food, Beverage and Restaurant Practice Group, Suzie Trigg leads Haynes Boone’s team of business-focused FDA attorneys who serve as trusted advisors who generate practical solutions to prevent problems, reduce risk, or provide course-correction.

Suzie helps companies lawfully market FDA regulated consumer products, including foods, dietary supplements, cosmetics, and over-the-counter drugs. She reviews the use of specific ingredients and product claims to reduce potential challenges. Suzie also frequently advises on strategies intended to reduce the risk of a product recall or potential enforcement.

In addition to providing prevention-focused regulatory guidance, Suzie leads a range of sophisticated commercial transactions. She helps retailers, restaurant chains, and consumer products companies to structure, negotiate, and document transactions, tackle critical supply-chain challenges, and pursue strategic growth opportunities. She also provides focused support for securities offerings and mergers and acquisitions. 

Suzie has been recognized as a “Rising Star” in food and drug law by Texas Super Lawyers (Thomson Reuters) since 2016. She was also recognized as one of D Magazine’s “Best Lawyers in Dallas” (D Magazine Partners) in 2018 and 2020. Suzie also served as co-chair of our Healthcare and Life Sciences Group from 2018-2021.

Will Wagner

Senior Associate, Arnold & Porter

Will Wagner focuses his practice on consumer product defense, regulatory compliance, and lobbying consumer product issues in California. Particularly, his practice centers on defending and advising companies on California's unique Proposition 65 law. He represents personal care product manufacturers, food and beverage producers, garment and accessory companies, and other companies in lawsuits relating to Prop 65 chemicals of concern—heavy metals, acrylamide, asbestos, PFOA, BPA, titanium dioxide, hexavalent chromium, DEHP (and other regulated phthalates), styrene, formaldehyde gas, and many more.

Mr. Wagner also defends consumer product companies against allegations of false and misleading label and advertising claims, including actions brought under California's Consumer Legal Remedies Act (CLRA) and Unfair Competition Law (UCL). His experience includes defending companies against putative or threatened class action lawsuits based on PFAS, greenwashing claims, nonfunctional slack-fill allegations, and claims relating to the purity of a product.

In the regulatory compliance arena, Mr. Wagner regularly advises on issues relating to product formulation, centering on the proliferation of PFAS laws and regulations, as well as Prop 65 product compliance and risk mitigation. He has broad experience navigating California laws and regulations that impact consumer product companies, including advising companies in connection with California's regulation of Volatile Organic Compounds (VOC), the Cleaning Products Right to Know Act, the Safe Cosmetics Act, the Toxic-Free Cosmetics Act, and the Organic Products Act.

Finally, Mr. Wagner is a registered lobbyist in California, focusing on legislation that impacts product companies

Tyler Young

Faegre Drinker Biddle & Reath LLP

Tyler Young focuses on defending food and beverage companies in consumer fraud class actions and complex litigation. Tyler has handled the full range of consumer fraud class actions that food companies face—everything from cases about nutrient content and flavor claims to sustainability and animal welfare claims. Tyler applies his regulatory knowledge, class action expertise, and practical judgment to craft winning litigation strategies. In addition to consumer fraud class actions, Tyler represents food and beverage companies in a wide variety of litigation matters, including disputes with activist non-profit groups, disputes with vendors and suppliers, government investigations, and litigations related to product recalls. Tyler has been recognized as  “Rising Star” by Super Lawyers every year since 2017.