Chair, Consumer Product SafetyLitigationDefamation, Media, First AmendmentGovernment Affairs
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Washington Direct: 202.585.6526 General: 202.585.6500 Fax: 202.585.6600
American University Washington College of Law, J.D., cum laude, 1987.
George Mason University, B.A., With Distinction, 1984.
Kerrie Campbell is a partner in the firm's Washington, D.C., office and chair of the Consumer Product Safety practice group. She specializes in consumer product safety matters, including related counseling, investigations and litigation. With extensive libel and First Amendment litigation experience, Ms. Campbell is one of the leading reputation protection lawyers in the country. When companies, brands or individuals are harmed by inaccurate media reports and publications, she crafts a strategic approach to reveal the truth, set the record straight, and obtain relief to rectify the wrong. When damaging misinformation implicates government agency or congressional action, Ms. Campbell works with clients to develop a problem-solving approach that includes congressional member outreach and advocacy.
CPSC and CPSIA
For over two decades and through many administrations, Ms. Campbell has represented manufacturers, importers, retailers and distributors, large and small, in investigation, enforcement and penalty proceedings before the U.S. Consumer Product Safety Commission (CPSC) and in matters referred by the CPSC to the U.S. Department of Justice. She counsels clients on compliance with product safety laws administered by the CPSC, reporting requirements, product recalls, Freedom of Information Act requests, and Section 6(b) disclosure issues. The author of a comprehensive BNA overview article on the Consumer Product Safety Improvement Act of 2008 (CPSIA), Ms. Campbell helps companies understand and comply with sweeping CPSIA requirements.
Reputation Protection, Defamation, and First Amendment Litigation
Ms. Campbell has 25 years of unique litigation experience, focused primarily on libel, First Amendment and commercial speech matters in both trial and appellate courts. She has extensive experience in matters involving the print, broadcast and online media and regularly advises clients on pre- and post-publication strategies to refute inaccurate or misleading publications that unfairly harm the reputations of individuals, businesses and products.
Ms. Campbell has successfully litigated defamation and Lanham Act cases on behalf of both plaintiffs and defendants and has successfully defended a Section 5 Unfair Practices action implicating the constitutionality under the First Amendment of Federal Trade Commission action prohibiting or regulating commercial speech. The FTC voluntarily dismissed the case after two weeks of trial.
Ms. Campbell has represented public figures, including G. Gordon Liddy, Deepak Chopra, and Mark Felt, Sr. ("Deep Throat") in high-profile cases and obtained the largest defamation jury verdict affirmed by the Virginia Supreme Court against a local news station based on a false and defamatory "I Team" investigative report. In a case involving constitutionally protected freedoms of religion, speech and equal protection, Ms. Campbell represented Lt. Colonel Martha McSally - the first woman to command a U.S. Air Force fighter squadron -- in her successful challenge of Department of Defense regulations requiring American servicewomen stationed in Saudi Arabia to wear the Islamic abaya and ride in the backseat of vehicles. McSally's courageous challenge moved Congress, by a unanimous vote, to prohibit the DOD regulations.
Ms. Campbell works closely with companies, brands and individuals to ensure that congressional representatives understand their constituents' concerns and business, and to establish relationships with members before a problem arises. In today's highly competitive 24-hour news cycle, sensational calls for agency and Congressional "investigations" have become de rigueur. Left unrefuted, damaging misinformation can prompt unwarranted alarm and action. Ms. Campbell works with clients to ensure that agency decision makers and congressional members have accurate facts and data to inform any evaluation or action they may be called upon to take.
Counsel for Mark Felt, Sr. ("Deep Throat"), and John O'Connor in federal district court litigation concerning rights to Felt, Sr.'s story. The court granted judgment in favor of Felt, Sr., and O'Connor.
Counsel for companies and individuals subject to national and local print and broadcast news reports and other publications.
Counsel for Nextel Communications, Inc., in Lanham Act litigation to stop a competitor's deceptive advertising campaign. The defendant pulled the ads.
Counsel for Pharmacia Corporation in Lanham Act litigation to stop a competitor's deceptive advertising. The defendant pulled the ads.
Counsel for Trex Company in defense of an alleged consumer class action concerning composite wood decking.
Counsel for Lt. Col. Martha McSally in her successful challenge of the Department of Defense regulation requiring American servicewomen stationed in Saudi Arabia to wear the abaya and ride in the backseat of vehicles.
Counsel for Dr. Stephen Levin in a defamation action arising from promotional advertisements and news broadcasts. The plaintiff's $2 million defamation verdict was affirmed by the Virginia Supreme Court.
Counsel for G. Gordon Liddy in a libel action brought by Ida Maxwell ("Maxie") Wells alleging defamatory statements concerning Wells' role in the Watergate controversy. The jury found in favor of the defendant.
Counsel for G. Gordon Liddy in a libel action brought by John and Maureen Dean alleging defamatory statements in connection with the Watergate break-in and cover-up. The plaintiffs dismissed the lawsuit against Liddy.
Counsel for Deepak Chopra in a defamation action arising from an article published in the Weekly Standard. The case settled and the Weekly Standard published a retraction before trial.
Counsel for Mobil Oil Corporation in a patent infringement and trade secret action involving satellite altimetry technology. Summary judgment for Mobil was affirmed.
Counsel for plaintiff in an antitrust and contract action against PGA. The plaintiff's verdict was for $2.6 million, trebled, plus $4.8 million in punitive damages.
Counsel for a manufacturer in a CPSC penalty action referred to the U.S. Department of Justice. The Department of Justice declined to prosecute.
Selected as Fellow of the Litigation Counsel of America (LCA), a trial lawyer honorary society that extends the recognition by invitation only based on excellence and accomplishment in litigation and superior ethical reputation. LCA's Washington, D.C., delegation is limited to about 50 lawyers, judges and law professors.
Selected by peers as one of the "Best Lawyers in America" for First Amendment litigation.
Rated "AV® Preeminent" by Martindale-Hubbell, a ranking by legal peers signifying the highest level of professional excellence. Received highest possible "Preeminent" Overall Client Rating (5.0/5.0) by Martindale-Hubbell, based on multiple client reviews.
Granted two U.S. patents as inventor of an electrical safety adaptor.
Author, "CPSC Grants One Year Stay of Enforcement of Certain CPSIA Testing & Certification Requirements: Relief Is Limited and Qualified," Consumer Product Safety Newsletter, Manatt, Phelps & Phillips, LLP, February 2, 2009.
Author, "Manatt and BNA Launch Audio Conference Series on Consumer Product Safety Improvement Act - Part of BNA's 'Legal and Business Edge' Coverage of Current Topics," Consumer Product Safety Newsletter, Manatt, Phelps & Phillips, LLP, February 2, 2009.
Author, "CPSC Office of General Counsel Suggests That Companies Aggrieved by Retroactive Application of New Lead Limits to Inventory Petition the Commission for Relief; Phthalates Ban Does Not Apply Retroactively to Inventory," Consumer Product Safety Newsletter, Manatt, Phelps & Phillips, LLP, December 2, 2008.
Author, "CPSC Issues Final Rule Clarifying Certification Issues," Consumer Product Safety Newsletter, Manatt, Phelps & Phillips, LLP, November 17, 2008.
Author, "Analysis & Perspective: How Companies Can Navigate the Sweeping New Compliance and Enforcement Rules in the Consumer Product Safety Improvement Act of 2008," BNA Product Safety & Liability, Vol. 36, No. 37, September 22, 2008.
Author, "Direct Marketers Should Comment on New Direct Sales Advertising Labeling Requirements for Children's Products by October 15, 2008," Consumer Product Safety Newsletter, Manatt, Phelps & Phillips, LLP, September 16, 2008.
Author, "President Bush Signs Sweeping New Consumer Product Safety Law," Consumer Product Safety Newsletter, Manatt, Phelps & Phillips, LLP, August 14, 2008.
Author, "Congress Passes Bill Overhauling Consumer Product Safety Law: President Bush Expected to Promptly Sign Into Law," Consumer Product Safety Newsletter, Manatt, Phelps & Phillips, LLP, August 5, 2008.
Author, "Consumer Product Safety Commission Reauthorization on the Move," Consumer Product Safety Newsletter, Manatt, Phelps & Phillips, LLP, May 29, 2008.
Author, "Take Heed of Important Revisions to Voluntary Toy Safety Standard: New Warning Label for Toys Containing Magnets and New Test Method for Yo-Yo Elastic Tether Balls," Consumer Product Safety Newsletter, Manatt, Phelps & Phillips, LLP, January 9, 2008.
Author, " 'Perfect Storm' Sparks Flurry of Legislative Initiatives," Consumer Product Safety Newsletter, Manatt, Phelps & Phillips, LLP, November 27, 2007.
Author, "U.S./China Safety Summit Addresses Measures to Ensure Safety of Imported Products," Consumer Product Safety Newsletter, Manatt, Phelps & Phillips, LLP, September 21, 2007.
Author, "Consumer Product Safety Commission Regains Full Authority; Companies Recall Millions of Toys Made in China; Agency Steps Up Enforcement," Consumer Product Safety Newsletter, Manatt, Phelps & Phillips, LLP, August 17, 2007.
Admitted to practice in the District of Columbia, California, United States District Court for the District of Columbia, United States District Court for the Northern District of Illinois, United States District Court for the District of Maryland and United States Court of Appeals for the Fourth Circuit.
Advisory board member, Bloomberg BNA's Product Safety and Liability Reporter.
Speaker, "In the Glare of the Media Spotlight: Essential Steps to Protect Your Reputation and Insist on Fairness and Accuracy in Reporting," National Association of Women Lawyers 8th Annual General Counsel Institute, New York, NY, November 8, 2012.
Speaker, "Communicating with the Media: Basic Steps for Insisting on Fairness and Accuracy in Reporting," Manatt Women's Initiative Summit, Santa Monica, California, May 18, 2012.
Speaker, "Overview of American Regulatory Policies and How They Parallel With the CCPSA," Canada Consumer Product Safety Act (CCPSA) Seminar, Toronto, Ontario, Canada, April 28, 2011.
Speaker, "CPSIA Public Database: Materially Inaccurate Information," U.S. Consumer Product Safety Commission Public Workshop, Bethesda, Maryland, January 12, 2010.
Speaker, "Fairness and Accuracy in Consumer Reporting: How do we get there?" International Consumer Product Health and Safety Organization, 2009 Annual Meeting and Training Symposium, Orlando, Florida, February 25, 2009.
Speaker, "Consumer Product Safety," PMA Promotion Marketing Law Conference, Chicago, Illinois, November 21, 2008.
Speaker, "New Enforcement Tools/Prohibited Acts," The New Consumer Product Safety Improvement Act of 2008: The New World of Regulation and Enforcement - 2008 BNA Legal Edge Conference, Washington, D.C., October 30, 2008.
Speaker, "Access to Information," The New Consumer Product Safety Improvement Act of 2008: The New World of Regulation and Enforcement - 2008 BNA Legal Edge Conference, Washington, D.C., October 30, 2008.
Speaker, "The Consumer Product Safety Improvement Act of 2008 and You," Electronic Retailing Association Webinar, October 2, 2008.
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