H. Michael
O'Brien
Partner
914.872.7234
White Plains
New York
H. Michael O'Brien is a Partner in the White Plains office and is a member of the firm's Executive Committee. Co-Chair of the firm's Product Liability Practice Team and Class Action Practice Group, Michael is also a member of the firm's National Fire and Casualty Response Team.
Michael's practice focuses on product liability, toxic tort/latent injury litigation and class actions. He has more than 25 years of experience representing manufacturers, distributors and retailers of consumer appliances and consumer electronics.
Michael serves as national counsel for several well known consumer appliance and consumer electronics manufacturers and distributors. He has significant experience defending catastrophic injuries caused by fire, electric shock and electrocution. He has also represented his clients in numerous nationwide class action litigations and Multi-District Litigation.
Michael spent three years living in Tokyo, Japan where he represented the firm providing counsel to Japanese, Korean and Chinese clients. He also counsels clients on reporting obligations to the U.S. Consumer Product Safety Commission (CPSC) and represents clients before the commission.
Michael has extensive first-hand experience defending a wide variety of consumer appliances and electronics, including televisions, HDTVs, coffee makers, toasters, toaster ovens, electric fans, electric heaters, lithium-ion batteries, personal computers, notebook computers, computer monitors, power supplies, VCRs, DVD players, stereos, microwave ovens, air conditioners and kerosene heaters. He also has a wide range of experience defending toxic tort/latent injury litigation including lead poisoning, latex, carbon monoxide poisoning and repetitive stress injuries. Michael's clients in these cases include manufacturers, distributors, property owners and financial institutions.
Admissions
New York
U.S. District Court, Eastern, Northern and Southern Districts of New York
Registered with the Japanese Ministry of Justice as Gaikokuho Jinu Bengoshi (foreign law solicitor), 1989-92
Education
State University of New York at Oswego, B.A.
Pace University School of Law, J.D., 1979
Professional Memberships
American Bar Association, Tort and Insurance Section
Defense Research Institute, Product Liability Committee and member of Specialized Litigation Group(s):
-Fire and Casualty
-Consumer Goods and Office Equipment
-Product Licensing
Association of Home Appliance Manufacturers (AHAM), Mfr's Rep. to the Product Liability Task Force & Government Relations Committee
Consumer Electronics Association (CEA), Mfr's Rep. to the R-1 Safety Committee
National Fire Protection Association
International Association of Arson Investigators
Publications
"Products Liability in Japan,"
For the Defense, 1992
"Defending Child Lead Poisoning Cases in New York," 1993
"U.S.-Japanese Aerospace Joint Ventures: An Analysis of Critical Contract Issues Affecting Liability for Japanese Component Part Manufacturers," ABA's
Air & Space Lawyer, 1993
"Forensic Fire Investigation: A Challenge for Product Manufacturers,"
For the Defense, 1997
"Product Liability Fire Litigation: Defending the Product When Area of Origin is Uncontested," 1998
"Strategies and Tactics for Daubert Challenges in Fire Litigation" (2003)
"What Your Company Needs to Know About the U.S. Consumer Product Safety Commission and the Expansion of its Authority" (2003)
"Defending No-Injury Product Liability Class Actions: A Guide for Corporate Counsel" (2004)
"Update on NFPA 921 Guide for Fire & Explosion Investigations" (2004)
"Managing the Complex Fire Scene" (2005)
"Defending Recalled Products - It Can Be Done" (2005)
"Lithium-ion Batteries: An Emerging Focus of Causation in Consumer Product Fires" (2007)
"Nanotechnology: Does Size Matter?" (2007)
"Counterfeit Products: Theft of Intellectual Property Rights" (2007)
"Licensor Beware: The Uncertain Status of the Apparent Manufacturer Doctrine" (2008)