Peter J.Biersteker

Partner

(T) + 1.202.879.3755

Peter Biersteker is a trial lawyer with significant experience, particularly in product liability cases. He also represents clients before the U.S. Consumer Products Safety Commission (CPSC) and in congressional investigations.

Peter, for example, has represented Mattel, since 2007, in connection with the adoption and implementation of the Consumer Product Safety Improvement Act of 2008 (CPSIA), other legislative and regulatory reform efforts around the world, and in class action litigation arising out of the company's 2007 and 2013 recalls. He also has long been lead trial counsel for R.J. Reynolds Tobacco Company in significant cases, including an arbitration under the 1998 Master Settlement Agreement with various states and territories in which, by a combination of settlement and awards on the merits, the company obtained over $1.3 billion; United States v. Philip Morris, Inc., et al., the civil Racketeer Influenced and Corrupt Organizations (RICO) Act claim brought by the United States against the tobacco industry; and class actions. He also has been lead trial counsel in individual tobacco products liability jury trials and for years has counseled clients in matters before the CPSC or Congress.

Experience

  • R.J. Reynolds wins complete defense verdict in Massachusetts wrongful death lawsuitOn March 27, 2019, following nearly four weeks of trial, a jury in state court in Dedham, Massachusetts returned a defense verdict in favor of Jones Day client, R.J. Reynolds Tobacco Company, in a wrongful death case.
  • Reynolds American acquired by British American Tobacco Plc in deal valued at $49 billionJones Day advised Reynolds American Inc. ("RAI") regarding the acquisition by British American Tobacco, p.l.c. ("BAT") of 57.8 percent of the outstanding shares of RAI not owned by BAT and its affiliates in a transaction valued at $49 billion.
  • R.J. Reynolds prevails in U.S. Supreme Court on geographic scope of Civil RICOJones Day successfully represented the petitioners in a major U.S. Supreme Court decision restricting the extraterritorial application of the Racketeer Influenced and Corrupt Organizations Act (RICO).
  • R.J. Reynolds resolves long-running class action over unfair competition claimsJones Day client R.J. Reynolds Tobacco Company obtained a settlement resolving a nationwide consumer class action involving consumer promotional programs. R.J. Reynolds originally obtained dismissal of the case under Rule 12.
  • Mattel and Fisher-Price defeat putative nationwide consumer class action  lawsuitsOn February 2, 2016, Mattel, Inc. and Fisher-Price, Inc. defeated plaintiffs' motion for class certification of dozens of consumer protection claims under the laws of several different states pending in the Northern District of Alabama.
  • Reynolds American sells Natural American Spirit International businesses to JT Group for $5 billionJones Day advised Reynolds American Inc. in its $5 billion sale of the international rights to the Natural American Spirit brand name and associated trademarks, along with the international companies that distribute and market the brand outside the U.S., to the Japan Tobacco Group of companies (JT Group).
  • Riverside completes sale of Baby Jogger Holdings to Newell RubbermaidJones Day represented The Riverside Company in connection with its sale of Baby Jogger Holdings, Inc., a leading designer and marketer of branded infant and juvenile products focused on premium and activity strollers and related accessories, to Newell Rubbermaid, a worldwide marketer of consumer and commercial products with a portfolio of well-known brands.
  • WESCO seeks regulatory counseling involving certain locksets used in recreational campersJones Day was retained by WESCO Distribution ("WESCO") in April 2013 to assist with an issue involving a product sold by its subsidiary, Fastec Industrial Corporation ("Fastec").
  • Resilience Capital acquires CR BrandsJones Day represented Resilience Capital Partners LLC in connection with its acquisition and related financing of CR Brands, Inc., a manufacturer and marketer of well-known branded and private label household cleaning and laundry products.
  • R.J. Reynolds obtains dismissal of In re Tobacco II Cases class action in CaliforniaJones Day represented R.J. Reynolds Tobacco Company in this multi billion dollar, statewide smokers' class action against the major tobacco companies.
  • R.J. Reynolds seeks reduction in 2003 settlement paymentsJones Day represents R.J. Reynolds Tobacco Company in a pending arbitration under the 1998 Master Settlement Agreement with various U.S. States and Territories in which R.J. Reynolds and other tobacco company signatories seek an over $1 billion reduction in their 2003 settlement payments.
  • Riverside Company acquires Baby JoggerJones Day advised The Riverside Company in connection with its acquisition, recapitalization, and related financing of Baby Jogger, LLC, a leading designer and marketer of branded infant and juvenile products focused on baby strollers, bicycle trailers, and related accessories.
  • Mattel settles voluntary toy recall litigationJones Day represented Mattel, Inc. ("Mattel") in connection with a number of U.S. federal and state and foreign lawsuits and regulatory actions arising out of voluntary recalls of certain Mattel and Fisher-Price toys.
  • Constellation Power defends against putative class action claiming water, soil and air contamination from coal combustion by-products reclamation siteJones Day represented Constellation Power Source Generation, Inc. in a putative class action over alleged contamination of water, soil and air from a coal combustion by-products reclamation site.
  • Angolan wins U.S. asylum based on political opinion imputed to him by the Angolan governmentJones Day represented Client K in his application for asylum based on political opinion imputed to him by the Angolan government.
  • Doctors pursue nationwide class action to recover excessive insurance chargesIn this case, Jones Day represented West Virginia physicians in a jury trial involving a nationwide class action against the St. Paul Insurance Company to recover a portion of medical malpractice insurance premiums that St. Paul used to pay for a type of insurance called tail coverage.
  • R.J. Reynolds defends massive RICO case brought by U.S. government against tobacco manufacturersIn September 1999, the United States Department of Justice sued Jones Day client R.J. Reynolds Tobacco Company, its major competitors, and others seeking (a) recovery of alleged excess health care insurance costs under the Medical Care Recovery Act and the Medicare Secondary Payer provisions of the Social Security Act; and (b) relief under the civil provisions of the Racketeer Influenced Corrupt Organizations Act ("RICO").
  • GSM addresses potential U.S. product liability issuesJones Day provided counseling to GSM Association, a trade association of cellular telephone operators, concerning potential U.S. product liability issues.
  • Zeneca's tamoxifen breast cancer drug is subject of Congressional hearingsJones Day assisted Zeneca Pharmaceuticals Inc. in connection with Congressional hearings concerning its breast cancer drug, tamoxifen, before the Energy and Commerce Committee Hearings on Scientific Misconduct in Breast Cancer Research (Committee Serial No. 103-143).
  • Speaking Engagements

    • May 6, 2014
      Executive Roundtable Series: New Frontiers in Health Care and Life Sciences; A Look at the Legal Implication
    • May 19, 2011
      Jones Day MCLE University - Chicago
    • September 16, 2010
      Executive Roundtable Series: Targeting Consumer Products: Developments in Regulation and Litigation
    • October 22, 2009
      Crisis Management and Ethics: The Two (al)most Important Responsibilities of In-House Counsel
    • October 2008
      The Art of Direct Examination, Office of the Attorney General of the District of Columbia
    • September 2008
      Keynote Speaker, The Contrast Between Global Marketplace Legislation and Proposed Canadian Legislation on Product Safety, Product Recalls Conference
    • January 2008
      Panelist along with representative of the Chinese Embassy, Supply Chain Risks in China, Cleveland Council for World Affairs
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