Robert R. Weiner, Senior Counsel, Arnold & Porter
Trenton H. Norris, Partner, Arnold & Porter
The First Amendment offers enormous untapped potential as a defense against failure-to-warn and consumer-deception claims. The defense applies not only in cases brought by federal, state, and local governments, but also in private actions. Two experienced First Amendment lawyers will discuss the increasingly strong protections for speech by commercial entities, and will describe how to capitalize on those advances in litigation challenging what defendants did or did not say regarding their product.