Authors: Ronald J. Levine, Esq., Canaan E. Himmelbaum, Esq. and Michael J. Glick, Esq.
Scores of manufacturers of food and beverage products have become the targets of consumer fraud class actions challenging their use of words such as “all-natural,” “wholesome” and “healthy” on their labels.
Although many of these claims range from frivolous to merit-less, the companies still face the prospect of massive document collections and reviews, which often bloat their legal expenditures beyond budget and cut into their already narrow margins. There may be no “silver bullet” to stifle these threats, but there is promising new technology that can be effective in evaluating liability and promoting strategic action early enough to make a difference.
Early case assessment (ECA) promises superior knowledge earlier in the game with rewards of better outcomes and lower costs. There are tools, which can leverage next generation search technology, assist defense counsel in evaluating potential liability and enable strategic planning. ECA can empower proportional budgeting for litigation or determining reasonable settlement values. For this theory to hold, however, activation of the ECA process should be undertaken as soon as allegations are raised or a complaint is received. continued…. To read the article on the Food Manufacturing website click here.