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Overview

Brandan has extensive litigation and regulatory experience across the United States and Canada with matters ranging from counseling clients on the development of new products to the investigation and trial of cases involving catastrophic incidents.

He enjoys the challenge of figuring out why a situation occurred and using that experience to help clients bring new and existing products to market or resolve claims through negotiation, arbitration or litigation.

Brandan has been involved in more than 150 product failure investigations, including many related to catastrophic events such as fires and explosions. He primarily handles the defense and prosecution of cases involving product and premises liability, product safety, transportation and toxic tort matters.

As a proactive measure, Brandan counsels clients on compliance issues, product recalls and potential exposure to lawsuits. He drafts product warnings, warranties and instructions, and he guides clients in product testing and product warning analysis. Brandan also advises clients on reporting requirements to the Consumer Product Safety Commission and often addresses state, federal and international regulations, as well as industry and consensus standards.

Industry

Services

Recognition

  • The Best Lawyers in America®
    • Product Liability Litigation - Defendants, 2022-2025
  • The Legal 500 United States
    • Product liability, mass tort and class action - defense: toxic tort, Recommended attorney, 2023 and 2024
  • St. Louis Lawyer, Pro Bono Volunteer of the Month, February 2019
  • Missouri & Kansas Super Lawyers, Rising Star, 2013-2015
  • Missouri Lawyers Weekly, "Up & Coming Lawyer," 2014

Education

  • J.D., Saint Louis University School of Law
    • cum laude
  • B.S., Truman State University
    • Political Science

Admissions

  • Missouri
  • Illinois
  • Iowa
  • Texas

Professional Memberships and Certifications

  • Defense Research Institute
  • International Consumer Product Health and Safety Organization
  • Missouri Organization of Defense Lawyers
  • National Fire Protection Association
  • Propane Gas Defense Association


*Contact Brandan to set up an in-person consultation by appointment in the St. Louis office.
Featured Experience

Recall Demand Withdrawn for Self-Balancing Scooters

The Consumer Product Safety Commission (CPSC) initiated an industrywide investigation that led to a safety recall of nearly 300,000 self-balancing (hoverboard) scooters. Brandan’s team represented an importer/seller of hoverboards in months of negotiations with CPSC over the product recall. The team continued to advocate for the client, including obtaining testing and source information from the overseas manufacturer. The team’s efforts demonstrated the safety of the hoverboards, and the client was one of the few companies in the United States not required to recall its products.


Additional Experience

Litigation

  • Represented Fortune 500 corporation in investigation and litigation through trial of grain bin explosion that resulted in multiple injuries. Ultimately, client was found to not be liable and recovered judgment for $3 million in property damage.
  • Served as regional counsel for Fortune 500 corporation in numerous investigations and litigation involving electrical failures, as well as liquid propane and natural gas explosions.
  • Managed major joint defense groups comprised of a variety of Fortune 500 companies in product liability (involving a wide range of industrial tools, construction equipment and consumer products) and premises liability cases alleging personal injury from exposure to solvents and benzene.
  • Represented a Fortune 100 company in litigation regarding alleged exposure to coal tar.
  • Represented a home security company in a product liability case involving a fire in a Washington, D.C. condominium. The claims alleged that the fire started as a result of an alarm and the security system panel.
  • Represented an industrial gas distributor in a suit alleging that a welder work box exploded as the result of a faulty valve on a gas tank.

Counseling/Prevention

  • Worked with major manufacturers to craft domestic and international consumer product warnings.
  • Counseled client on compliance with EPA regulations allowing use of propane refrigerant.
  • Counseled a client with the nationwide recall of a furniture item following reported fatalities.
  • Led international recall in the United States, Canada and Germany related to pool equipment and potential shock hazards.
  • Trained legal and engineering departments on product safety, warnings and product liability.
  • Counseled client on organization and structure of claims handling, investigations and resolutions.
  • Established compliance program for seller of consumer products.
  • Instructs product safety professionals as part of supply chain program at Saint Louis University Chaifetz School of Business.
  • Persuaded court to set aside $5 million default judgment against national restaurant chain entered in a premises liability/personal injury case.
  • Led investigation for boiler manufacturer involving fatality explosion.
  • Serves as national product safety and compliance counsel for multiple manufacturers and a major retailer of consumer and industrial products. This representation includes development of strategy and addressing risk management issues related to product safety and regulatory compliance.
  • Led numerous U.S.-based and international product recalls.
  • Handled an investigation into the safety testing of a baseball catcher's helmet and drafted filings for US CPSC. Based on our findings, the Husch Blackwell team then led a recall in the US and Canada.
  • Led an investigation for major retailer into a possible injury hazard with a children's bed and drafted all filings with US CPSC.
Articles | November 08, 2024
Legal Insights for Manufacturing: Product Liability, Safety & Marketing

Manufacturers are currently operating in an era of “nuclear verdicts” and unconventional regulatory enforcement tactics that contribute to a sense of unease and a growing risk profile.

White Papers | October 24, 2024
Legal Insights for Manufacturing: Outlook for 2025

Intensifying geopolitical crises, increasing regulatory burdens, and uncertain macroeconomic conditions have led to an era of caution for manufacturers.

White Papers | November 01, 2023
Legal Insights for Manufacturing: Outlook for 2024

With each passing day it becomes more apparent the world that entered the COVID-19 pandemic is not the world that emerged from it.

White Papers | January 04, 2023
Legal Insights for Manufacturing: Outlook for 2023

What manufacturers can expect in the new year.

Outside the Office

Brandan loves spending time with his family and being outside where he can hunt and fish.

Brandan spends most of his free time driving his two children to their events. His daughter performs in musical theater and competes in pageants, and his son plays baseball and hockey. In the rare times he is not with his family, he enjoys fishing and duck hunting with his son and dog.

Community Leadership

Brandan is committed to volunteering with schools that offer world-class educational opportunities to children.

He serves in leadership positions with both La Salle Middle School and Christian Brothers College High School. He’s particularly active with La Salle Middle School, where he serves on the Governance Committee, assisting with administration, compliance, recruitment and fundraising events.

  • Marygrove, Golf Tournament Committee, 2010-present
  • Saint Louis University John Cook School of Business, Product Safety Management Certificate Course, Instructor, 2016-present
  • Christian Brothers College High School Alumni Association, Board of Directors, 2009-present; president, 2012-2016; School Board, Board of Directors, 2017-present
  • La Salle Middle School, Board of Directors, 2011-present
  • Veterans of Foreign Wars, Post 3500, Commander, 2011-2012
Military Leadership

Brandan’s experience in the military prepared him for his current legal practice.

Brandan served as a U.S. Army Transportation Officer for eight years and was responsible for the safety and operations of hundreds of soldiers, vehicles and equipment. He coordinated and led convoy and transportation operations, implemented and enforced safety programs, and conducted investigations of incidents involving vehicles, soldiers and local nationals during combat operations.

That practical experience has proved useful in understanding his current clients’ safety and transportation challenges. Brandan also draws on his military background while working on compliance issues, whether that be in establishing internal programs or conducting investigations for catastrophic events.

In the Army, he learned leadership and structure, which has helped him as a litigator. When going to court, Brandan leads a team to achieve the client’s mission and has the structure to deploy the right assets in the right manner to get the desired result.

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