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Nanotechnology, a new field that involves the control of matter on an atomic and molecular scale, is ushering in advanced processes, materials, and systems in a broad variety of industries, including the medical, energy, and electronic arenas. As nanotechnology breaks down the barriers between traditional sciences, a host of legal, societal, and ethical issues accompany its emergence. We help clients exploring the research and commercial opportunities of nanotechnology handle the complex legal, regulatory, and public policy issues arising from this innovative applied science. Nanotechnology creates materials and devices from nanoparticles a few billionths of a meter in diameter (half the size of a DNA strand). Nanotechnology applications range from computer chips, sports equipment, cosmetics, and medical devices, to drugs, food, automobiles, and telecommunications. It is estimated that nano-based global commerce will account for a staggering $1.5 trillion by the year 2015. The application of nanotechnology to pharmaceuticals and medical devices has the potential to improve many aspects of medicine and shift our health care system focus to preventing rather than simply treating disease. In the energy and manufacturing arenas, nanotechnology is driving more efficient energy sources, and lighter, faster and more effective materials and electronic products. Harris Beach’s nanotechnology industry team has the knowledge and experience to help nano-based businesses succeed. Since many of our attorneys began their careers in science, they are able to draw upon their intellectual insight to benefit clients where science intersects with law. Our attorneys have chaired and spoken at national nanotechnology conferences and published in the field, and serve on national committees that are writing informative white papers for thought leaders in Congress and regulatory agencies. Our interdisciplinary nanotechnology industry team is composed of attorneys and professionals experienced in such related practice areas as business and commercial litigation, corporate law, energy, environmental law, immigration, intellectual property, labor and employment, medical and life sciences, public finance, and toxic tort. Complementing Harris Beach’s legal services, our subsidiary HB Solutions LLC offers a broad range of non-legal consulting services to provide fully-integrated strategic solutions to our nanotechnology clients. NANOTECHNOLOGY INDUSTRY TEAM www.harrisbeach.com ALBANY BUFFALO ITHACA NEW YORK CITY NIAGARA FALLS ROCHESTER SARATOGA SPRINGS SYRACUSE YONKERS NEWARK, NJ

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Nanotechnology, a new field that involves the control of matter on an atomic

and molecular scale, is ushering in advanced processes, materials, and systems in

a broad variety of industries, including the medical, energy, and electronic arenas.

As nanotechnology breaks down the barriers between traditional sciences, a host of legal,

societal, and ethical issues accompany its emergence. We help clients exploring

the research and commercial opportunities of nanotechnology handle the complex legal,

regulatory, and public policy issues arising from this innovative applied science.

Nanotechnology creates materials and devices from nanoparticles a few billionths of a meter in diameter (half the size of a DNA strand). Nanotechnology applications range from computer chips, sports equipment, cosmetics, and medical devices, to drugs, food, automobiles, and telecommunications. It is estimated that nano-based global commerce will account for a staggering $1.5 trillion by the year 2015.

The application of nanotechnology to pharmaceuticals and medical devices has the potential to improve many aspects of medicine and shift our health care system focus to preventing rather than simply treating disease. In the energy and manufacturing arenas, nanotechnology is driving more efficient energy sources, and lighter, faster and more effective materials and electronic products.

Harris Beach’s nanotechnology industry team has the knowledge and experience to help nano-based businesses succeed. Since many of our attorneys began their careers in science, they are able to draw upon their intellectual insight to benefit clients where science intersects with law. Our attorneys have chaired and spoken at national nanotechnology conferences and published in the field, and serve on national committees that are writing informative white papers for thought leaders in Congress and regulatory agencies.

Our interdisciplinary nanotechnology industry team is composed of attorneys and professionals experienced in such related practice areas as business and commercial litigation, corporate law, energy, environmental law, immigration, intellectual property, labor and employment, medical and life sciences, public finance, and toxic tort. Complementing Harris Beach’s legal services, our subsidiary HB Solutions LLC offers a broad range of non-legal consulting services to provide fully-integrated strategic solutions to our nanotechnology clients.

NANOTECHNOLOGY INDUSTRY TEAM

www.harrisbeach.com

For more information on Harris Beach, contact: Stanley [email protected] J. [email protected]

Additional Legal SupportIf unresolved or problematic issues occur, or should litigation be warranted, we can also provide business and commercial litigation and employment law and litigation attorneys to support areas that commonly impact high-tech and nanotech businesses including the drafting and enforcement of non-disclosure and non-compete agreements.

Corporate Strategy and CommunicationsHB Solutions LLC, a non-legal consulting subsidiary of Harris Beach, provides solutions on a broad range of pressing challenges facing today’s business owners. HB Solutions offers consulting services in the areas of credit strategies, health and human services, human resources, information

technology, and, of particular interest to nanotechnology clients, corporate strategy and communications.

The HB Solutions corporate strategy team helps clients with their business planning, state and local government issues, risk management and ethics, financial strategies, and workforce management.

The HB Solutions communications team aids clients with their strategic communicationsplanning, marketing communications, public relations, and controversial or crisis communications management. Our communications consulting experience includes helping clients brand themselves and present their unique marketing proposition to potential technology partners and end users.

AlbAny677 BroadwaySuite 1101Albany, NY 12207518-427-9700

buffAloLarkin at Exchange 726 Exchange Street Suite 1000 Buffalo, NY 14210716-200-5050

IthAcA119 East Seneca StreetIthaca, NY 14585607-273-6444

new york cIty100 Wall Street New York, NY 10005212-687-0100

newArk, nJ One Gateway Center Suite 2500Newark, NJ 07102973-848-1244

nIAgArA fAlls 800 Main Street4th Floor, Suite BNiagara Falls, NY 14302716-285-1535

rochester 99 Garnsey RoadPittsford, NY 14534800-685-1429

The Granite Building130 East Main StreetRochester, NY 14604800-685-1429

sArAtogA sprIngs351 Broadway, Suite 307Saratoga Springs, NY12866518-587-0551

syrAcuse 300 South State StreetSyracuse, NY13202315-423-7100

yonkers N-Valley Technology Center 470 Nepperhan Avenue Suite 320Yonkers, NY 10701914-729-0263

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Understanding the laws of science.

The Regulatory EnvironmentAs one might expect with an emerging field, nanotechnology faces significant regulatory scrutiny. Numerous U.S. federal agencies including the Food and Drug Administration, Consumer Product Safety Commission, Federal Trade Commission, Environmental Protection Agency, Department of Defense, Patent Office, and National Institute for Occupational Safety and Health have claimed a role in oversight of the nanotechnology industry.

Harris Beach attorneys can help clients deal with the ambiguities of current nanotechnology regulation by providing a comprehensive analysis of existing legal authorities and alerting them to new laws as a regulatory blueprint is developed for nanotechnology. Our nanotechnology team is familiar with current FDA regulations and its current case-by-case assessment methodology for products containing nanoparticles.

Additionally, we understand the environmental implications of nanotechnology and are well versed in the statutes that currently or may potentially apply

to the manufacture, use, and disposal of nanomaterials. Our attorneys can help guide businesses to research and develop nanotechnology in accordance with the Clean Air and Clean Water Acts and comply with the Toxic Substances Control Act, the likely regulatory vehicle by which nanomaterials and products will be managed by the EPA. Should the EPA classify nanomaterials as hazardous substances, Harris Beach can counsel owners and operators of cleanup sites and transporters of hazardous substances to minimize their liabilities.

Risk Assessment and ManagementThe nearly limitless application for nanomaterials and variability of nanoparticle characteristics add to the complexity of assessing nanoparticle toxicity and risk. While the health effects from human exposure to engineered nanoparticles are essentially unknown, some nano-materials appear to have the potential to damage skin, brain, and lung tissue, to be environmentally mobile or persistent, or to kill microorganisms.

Harris Beach attorneys can helpmanufacturers protect themselves withpre-product launch risk assessment,product and package labeling, getting their electronic documents in order, and representation in product liability cases involving consumables, chemicals, drugs, medical devices, and other nano products.

Incentives for Investors / Economic DevelopmentWith the tremendous projected growth in nanotechnology over the next decade, the field is attracting significant investment capital. Our attorneys provide a full range of services to facilitate identifying, securing, and managing economic development incentive programs including the Semiconductor Manufacturing Initiative – New York, Centers of Excellence, and Qualified Emerging Technology Company (QETC) credits. Specifically we offer eligibility evaluation, loan/grant application preparation, negotiation of project benefits with New York state, analysis of expected tax credits, deal structuring services, and client representation through closing.

Harris Beach’s economic development experience includes serving as counsel to the developer of the Rochester Technology Park and representing a public benefit corporation with the development of the Saratoga Technology & Energy Park. These research complexes include a number of prominent tenants including high technology and nanotechnology businesses.

International Investment Harris Beach can help international organizations

understand federal regulations and procurement, import-export issues, and ethical oversight. New York state represents tremendous opportunity for international organizations seeking to grow and expand business in the United States. Harris Beach has a strong reputation for its knowledge on how to conduct business in New York state. This knowledge assists clients with advancing state and local government approvals as well as accessing grants and economic development incentive programs.

Immigration LawHarris Beach immigration law attorneys can advise foreign nanotechnology businesses regarding the correct visa structure for their U.S. operations, after analyzing U.S. subsidiary ownership, types of workers sought, desired duration of stay, and foreign employee nationality. They can also help nanotech scientists, researchers, engineers, managers, and executives coming to the U.S. obtain appropriate temporary employment and permanent resident visas.

Our attorneys can advise nano-technology companies on all aspects of employing foreign nationals including visa matters, security concerns, export license controls, employer I-9 compliance and related record-keeping. Additionally, Harris Beach

immigration law and public finance and economic development attorneys can counsel and represent clients regarding obtaining USCIS Regional Center designation, a program that creates an incentive for direct foreign investment of threshold amounts in exchange for U.S. permanent residence.

EnergyOur Energy Industry Team works with numerous alternative energy companies. Nanotechnology enhances key properties of energy technologies designed to achieve sustainability and secure future energy supplies. Examples include better insulation, solid state lighting, and the reduction of automobile weight by the use of carbon nanotube and nanofibers in composite materials. Nanotechnology also promotes the use of revolutionary energy sources such as hydrogen and inexpensive, lightweight plastic solar panels.

Intellectual PropertyHarris Beach can help clients successfully patent inventions incorporating nanotechnology. We routinely perform intellectual property audits, and have extensive experience managing international client patent and trademark portfolios to protect identity and brand value. Our attorneys also analyze current

and anticipated changes in the patent landscape for potential effects on nanotechnology-related intellectual property strategies.

Additionally, in commercializing an invention, especially in an emerging field such as nanotechnology, it is critical to enforce patents, trade secrets, and other intellectual property rights. Harris Beach provides counseling and enforcement services in all aspects of litigation, including federal patent infringement, state trade secret, and licensing litigation. Corporate Law: Doing Business with Nanotechnology IndustriesOur attorneys have guided companies from start-up to success, through mergers, acquisitions, joint ventures and public stock offerings. Specifically, we can assist nanotechnology clients in the exploration of opportunities to raise capital as well as in a broad range of corporate law matters including licensing, manufacturing, contractual matters, production and distribution agreements, business formations and structure, and corporate governance issues. We help clients with securities law compliance, both in public offerings and private placements.

Nanotechnology Law

Understanding the laws of science.

The Regulatory EnvironmentAs one might expect with an emerging field, nanotechnology faces significant regulatory scrutiny. Numerous U.S. federal agencies including the Food and Drug Administration, Consumer Product Safety Commission, Federal Trade Commission, Environmental Protection Agency, Department of Defense, Patent Office, and National Institute for Occupational Safety and Health have claimed a role in oversight of the nanotechnology industry.

Harris Beach attorneys can help clients deal with the ambiguities of current nanotechnology regulation by providing a comprehensive analysis of existing legal authorities and alerting them to new laws as a regulatory blueprint is developed for nanotechnology. Our nanotechnology team is familiar with current FDA regulations and its current case-by-case assessment methodology for products containing nanoparticles.

Additionally, we understand the environmental implications of nanotechnology and are well versed in the statutes that currently or may potentially apply

to the manufacture, use, and disposal of nanomaterials. Our attorneys can help guide businesses to research and develop nanotechnology in accordance with the Clean Air and Clean Water Acts and comply with the Toxic Substances Control Act, the likely regulatory vehicle by which nanomaterials and products will be managed by the EPA. Should the EPA classify nanomaterials as hazardous substances, Harris Beach can counsel owners and operators of cleanup sites and transporters of hazardous substances to minimize their liabilities.

Risk Assessment and ManagementThe nearly limitless application for nanomaterials and variability of nanoparticle characteristics add to the complexity of assessing nanoparticle toxicity and risk. While the health effects from human exposure to engineered nanoparticles are essentially unknown, some nano-materials appear to have the potential to damage skin, brain, and lung tissue, to be environmentally mobile or persistent, or to kill microorganisms.

Harris Beach attorneys can helpmanufacturers protect themselves withpre-product launch risk assessment,product and package labeling, getting their electronic documents in order, and representation in product liability cases involving consumables, chemicals, drugs, medical devices, and other nano products.

Incentives for Investors / Economic DevelopmentWith the tremendous projected growth in nanotechnology over the next decade, the field is attracting significant investment capital. Our attorneys provide a full range of services to facilitate identifying, securing, and managing economic development incentive programs including the Semiconductor Manufacturing Initiative – New York, Centers of Excellence, and Qualified Emerging Technology Company (QETC) credits. Specifically we offer eligibility evaluation, loan/grant application preparation, negotiation of project benefits with New York state, analysis of expected tax credits, deal structuring services, and client representation through closing.

Harris Beach’s economic development experience includes serving as counsel to the developer of the Rochester Technology Park and representing a public benefit corporation with the development of the Saratoga Technology & Energy Park. These research complexes include a number of prominent tenants including high technology and nanotechnology businesses.

International Investment Harris Beach can help international organizations

understand federal regulations and procurement, import-export issues, and ethical oversight. New York state represents tremendous opportunity for international organizations seeking to grow and expand business in the United States. Harris Beach has a strong reputation for its knowledge on how to conduct business in New York state. This knowledge assists clients with advancing state and local government approvals as well as accessing grants and economic development incentive programs.

Immigration LawHarris Beach immigration law attorneys can advise foreign nanotechnology businesses regarding the correct visa structure for their U.S. operations, after analyzing U.S. subsidiary ownership, types of workers sought, desired duration of stay, and foreign employee nationality. They can also help nanotech scientists, researchers, engineers, managers, and executives coming to the U.S. obtain appropriate temporary employment and permanent resident visas.

Our attorneys can advise nano-technology companies on all aspects of employing foreign nationals including visa matters, security concerns, export license controls, employer I-9 compliance and related record-keeping. Additionally, Harris Beach

immigration law and public finance and economic development attorneys can counsel and represent clients regarding obtaining USCIS Regional Center designation, a program that creates an incentive for direct foreign investment of threshold amounts in exchange for U.S. permanent residence.

EnergyOur Energy Industry Team works with numerous alternative energy companies. Nanotechnology enhances key properties of energy technologies designed to achieve sustainability and secure future energy supplies. Examples include better insulation, solid state lighting, and the reduction of automobile weight by the use of carbon nanotube and nanofibers in composite materials. Nanotechnology also promotes the use of revolutionary energy sources such as hydrogen and inexpensive, lightweight plastic solar panels.

Intellectual PropertyHarris Beach can help clients successfully patent inventions incorporating nanotechnology. We routinely perform intellectual property audits, and have extensive experience managing international client patent and trademark portfolios to protect identity and brand value. Our attorneys also analyze current

and anticipated changes in the patent landscape for potential effects on nanotechnology-related intellectual property strategies.

Additionally, in commercializing an invention, especially in an emerging field such as nanotechnology, it is critical to enforce patents, trade secrets, and other intellectual property rights. Harris Beach provides counseling and enforcement services in all aspects of litigation, including federal patent infringement, state trade secret, and licensing litigation. Corporate Law: Doing Business with Nanotechnology IndustriesOur attorneys have guided companies from start-up to success, through mergers, acquisitions, joint ventures and public stock offerings. Specifically, we can assist nanotechnology clients in the exploration of opportunities to raise capital as well as in a broad range of corporate law matters including licensing, manufacturing, contractual matters, production and distribution agreements, business formations and structure, and corporate governance issues. We help clients with securities law compliance, both in public offerings and private placements.

Nanotechnology Law

Nanotechnology, a new field that involves the control of matter on an atomic

and molecular scale, is ushering in advanced processes, materials, and systems in

a broad variety of industries, including the medical, energy, and electronic arenas.

As nanotechnology breaks down the barriers between traditional sciences, a host of legal,

societal, and ethical issues accompany its emergence. We help clients exploring

the research and commercial opportunities of nanotechnology handle the complex legal,

regulatory, and public policy issues arising from this innovative applied science.

Nanotechnology creates materials and devices from nanoparticles a few billionths of a meter in diameter (half the size of a DNA strand). Nanotechnology applications range from computer chips, sports equipment, cosmetics, and medical devices, to drugs, food, automobiles, and telecommunications. It is estimated that nano-based global commerce will account for a staggering $1.5 trillion by the year 2015.

The application of nanotechnology to pharmaceuticals and medical devices has the potential to improve many aspects of medicine and shift our health care system focus to preventing rather than simply treating disease. In the energy and manufacturing arenas, nanotechnology is driving more efficient energy sources, and lighter, faster and more effective materials and electronic products.

Harris Beach’s nanotechnology industry team has the knowledge and experience to help nano-based businesses succeed. Since many of our attorneys began their careers in science, they are able to draw upon their intellectual insight to benefit clients where science intersects with law. Our attorneys have chaired and spoken at national nanotechnology conferences and published in the field, and serve on national committees that are writing informative white papers for thought leaders in Congress and regulatory agencies.

Our interdisciplinary nanotechnology industry team is composed of attorneys and professionals experienced in such related practice areas as business and commercial litigation, corporate law, energy, environmental law, immigration, intellectual property, labor and employment, medical and life sciences, public finance, and toxic tort. Complementing Harris Beach’s legal services, our subsidiary HB Solutions LLC offers a broad range of non-legal consulting services to provide fully-integrated strategic solutions to our nanotechnology clients.

NANOTECHNOLOGY INDUSTRY TEAM

www.harrisbeach.com

For more information on Harris Beach, contact: Stanley [email protected] J. [email protected]

Additional Legal SupportIf unresolved or problematic issues occur, or should litigation be warranted, we can also provide business and commercial litigation and employment law and litigation attorneys to support areas that commonly impact high-tech and nanotech businesses including the drafting and enforcement of non-disclosure and non-compete agreements.

Corporate Strategy and CommunicationsHB Solutions LLC, a non-legal consulting subsidiary of Harris Beach, provides solutions on a broad range of pressing challenges facing today’s business owners. HB Solutions offers consulting services in the areas of credit strategies, health and human services, human resources, information

technology, and, of particular interest to nanotechnology clients, corporate strategy and communications.

The HB Solutions corporate strategy team helps clients with their business planning, state and local government issues, risk management and ethics, financial strategies, and workforce management.

The HB Solutions communications team aids clients with their strategic communicationsplanning, marketing communications, public relations, and controversial or crisis communications management. Our communications consulting experience includes helping clients brand themselves and present their unique marketing proposition to potential technology partners and end users.

AlbAny677 BroadwaySuite 1101Albany, NY 12207518-427-9700

buffAloLarkin at Exchange 726 Exchange Street Suite 1000 Buffalo, NY 14210716-200-5050

IthAcA119 East Seneca StreetIthaca, NY 14585607-273-6444

new york cIty100 Wall Street New York, NY 10005212-687-0100

newArk, nJ One Gateway Center Suite 2500Newark, NJ 07102973-848-1244

nIAgArA fAlls 800 Main Street4th Floor, Suite BNiagara Falls, NY 14302716-285-1535

rochester 99 Garnsey RoadPittsford, NY 14534800-685-1429

The Granite Building130 East Main StreetRochester, NY 14604800-685-1429

sArAtogA sprIngs351 Broadway, Suite 307Saratoga Springs, NY12866518-587-0551

syrAcuse 300 South State StreetSyracuse, NY13202315-423-7100

yonkers N-Valley Technology Center 470 Nepperhan Avenue Suite 320Yonkers, NY 10701914-729-0263

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STANLEY GOOS

EDUCATION: JD, 1992, Benjamin N. Cardozo School

of Law MA, 1981, Tufts University BA, 1979, Hampshire College

ADMISSIONS TO PRACTICE: New York State Bar, 1993 United States District Court Southern District of New York, 1993 Eastern District of New York, 1993

LEGAL PRACTICE: Mr. Goos is a member of the firm, co-leader of the Nanotechnology Industry Team, and practices in the Mass Torts & Industry-Wide Litigation Practice Group and Medical & Life Sciences Industry Team. His practice concentrates in mass and toxic tort litigation involving multi-chemical exposures and products liability litigation. Mr. Goos defends claims of birth defects, cancer and neurological injuries utilizing the expert disciplines of epidemiology, toxicology, neurology, genetics, oncology, neuropsychology and the fields of industrial hygiene, modeling, ventilation, occupational medicine and odor biochemistry. Mr. Goos was named the defendants' co-liaison counsel for the personal injury claim cases brought by off-site workers after the World Trade Center terrorist attack of Sept. 11, 2001. Mr. Goos has also worked on a number of construction labor law cases representing employers, subcontractors and general contractors in numerous construction accident cases. He has served in an advisory role to assist contractors with risk management and legal counsel as well. In addition to his litigation practice, Mr. Goos has been corporate counsel to small businesses and represented clients in commercial real estate matters. Prior to practicing law, Mr. Goos was an educator teaching in various private schools from 1981 to 1989. He presently coordinates the firm’s Continuing Legal Education program for the New York City office. PROFESSIONAL AND COMMUNITY ACTIVITIES: Mr. Goos serves as vice chair of the American Bar Association’s Toxic Tort and Environmental Law Committee, and was selected to chair the Spring 2009 ABA Toxic Tort Environmental Law meeting. Mr. Goos chaired a panel on Nanotechnology for the Trial and Insurance Practice

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(TIPS) Committee at the annual ABA meeting in 2007, and in April 2006 he moderated a panel entitled “Beware/Don’t Worry About What You Breathe –The Latest in Silica and Mixed Dust Pneumoconiosis, Benzene.” In March 2005, he was moderator of a panel for the American Bar Association entitled, “Litigation Driven Science.” Mr. Goos published the article “FDA Task Force Recommendations for Regulation of Nanotechnology” in the Spring 2008 issue of the ABA Tort Trial & Insurance Practice Committee News of the Toxic Torts and Environmental Law Committee. He wrote the article, “Ruling May Open Door to Prejudicial Non-Probative Evidence” for Mealey’s Litigation Report; July 1997. He co-wrote the articles, “New York Appellate Court Prevents Mass Tort Plaintiffs From Invoking Toxic Tort Statute of Limitations Tolling Provision Where Expert Affidavit Lacks Specificity,” for the Harris Beach Legal Alert, November 2005 and “Parker v. Mobil: New York High Court Articulates Standard for Causation in Low Dose Benzene Exposure Toxic Tort Action,” for the Harris Beach Legal Alert, December 2006. Mr. Goos serves on the Board of Directors of Stephen Wise Free Synagogue.

JUDI ABBOTT CURRY EDUCATION: JD, 1986, Fordham University School of Law BA, 1983, State University of New York at

Stony Brook

ADMISSIONS TO PRACTICE: New York State Bar, 1987 United States District Court Southern District of New York, 1987 Eastern District of New York, 1987 Northern District of New York, 1992

LEGAL PRACTICE: Ms. Curry is a member of the firm, co-leader of the Medical & Life Sciences Industry Team, and practices in the Mass Torts & Industry-Wide Litigation Practice Group. Her practice concentrates in areas of mass and toxic tort litigation involving solvents, asbestos, mold, pesticides and other chemicals; class actions; and products liability involving cosmetics, pharmaceuticals, medical devices, implants, biologics, food, commercial and consumer household goods. She also represents health care entities and individual health care practitioners in complex health care litigation including defense of hospitals, physicians and clinics in medical malpractice claims. Ms. Curry is the national coordinating counsel to four chemical suppliers in semi-conductor manufacturing chemical exposure litigation and is local counsel for a leading hair color and cosmetics manufacturer. She served as regional counsel for Dow Corning in the silicone breast implant litigation responsible for managing the personal injury claims of over 1000 plaintiffs and coordinating counsel for injectable silicone litigation pending nationwide. In addition to her extensive experience defending over-the-counter and prescription drug, medical device, biologic, and implant products, Ms. Curry provides counseling advice to pharmaceutical companies concerning pre-litigation risk assessments; company submissions to FDA including package inserts, patient package inserts, and other labeling, warnings and NDA filings; product brochures; direct-to-consumer advertising; website content; press materials and media kits; sales and training materials and programs; pharmacovigilance and the development and use of risk minimization action plans and riskMAP. Ms. Curry has represented clients against unconventional theories of liability and junk science in the context of industry-wide litigation, including:

• McDonald’s franchise sued in the notorious “fast-food” obesity litigation,

• Firearms distributors sued by the NAACP for negligent marketing of handguns,

• Birth defect litigation alleging pre-conception and male-mediated chemical exposures,

• Gulf War I veterans and children alleging exposure to chemical weapons dispersed into the atmosphere when Iraqi ammunition dumps were destroyed.

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Ms. Curry defends claims of birth defects, autoimmune disease, neurologic injuries, learning disabilities, cancer, severe burns and disfigurement, and multiple chemical sensitivities using epidemiology and expert disciplines of dysmorphology, teratology, toxicology, industrial hygiene, oncology and others. She utilizes cutting-edge litigation management technologies such as proprietary databases, document imaging and coding software and real-time transcription to manage complex litigation in a “paperless” environment. Reported decisions of interest include:

• Krasnopolsky v. Warner-Lambert, Co., 799 F. Supp. 1342 (United States District Court, Eastern District of New York 1992): pharmaceutical manufacturer discharged its duty to warn through Learned Intermediary;

• Warner v. American Fluoride, 204 A.D.2d 1, 616 N.Y.S.2d 534 (New York Appellate Division, Second Department 1994): FIFRA preemption of pesticide labeling claims and,

• Burger v. Union Carbide Corp., 304 A.D.2d 700 (New York Appellate Division, Second Department 2003): New York’s “toxic tort” statute of limitations.

PROFESSIONAL AND COMMUNITY ACTIVITIES:

Ms. Curry is a member of the Defense Research Institute. She frequently lectures, chairs professional seminars and publishes articles on topics including federal preemption of labeling claims, Daubert issues, strategy in document-intensive mass tort litigation, and issues of law and science. Ms. Curry has made presentations on the following topics to various industry groups: Consolidated and Bellwether Trials in Mass Tort Litigation, Toxic Torts 101: Introduction to Liability Theories and Defenses in Toxic Tort Litigation, Defending Tort Claims Against Drug Products and Medical Devices, and Navigating the FDA's Recent RiskMAP Guidance.

Ms. Curry has authored several Harris Beach Legal Alerts, including:

• “Supreme Court of the United States Applies Express Preemption to Medical Device Common Law Tort Claim,” March 2008.

• “Does Supreme Court’s Ruling in Favor of Big Tobacco Mean an End to Large-Dollar Jury

Awards?”, March 2007.

• “Parker v. Mobil: New York High Court Articulates Standard for Causation in Low Dose Benzene Exposure Toxic Tort Action,” December 2006.

• “New York County Supreme Court Finds Scientific Evidence Related to Mold and Human Illness

Does Not Meet the Frye General Acceptance Standard,” October 2006.

• “FDA Issues New Drug Labeling Rules Supporting Preemption of Warning Claims,” March 2006.

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• “New York Appellate Court Bars Indemnity Claims by a Condominium Owner Where the Owner May Have Some Negligence in Not Remediating a Mold Condition,” February 2006.

• “New York Appellate Court Prevents Mass Tort Plaintiffs from Invoking Toxic Tort Statute of

Limitations Tolling Provision Where Expert Affidavit Lacks Specificity,” November 2005. She has also published several articles, including:

• “The Federal Preemption Debate in Pharmaceutical Labeling Products Liability Actions,” 43 Tort Trial & Ins. Pract. L.J. 35 (2008).

• “Deference to the FDA’s Preamble,” 26(3) LJN’s Product Liability Law & Strategy (2007).

• "Navigating the FDA's Recent RiskMAP Guidance," 24(7) LJN’s Product Liability Law & Strategy

(2006).

• "2004 Report on the Health Consequences of Smoking: Breathing Life into an Old Defense," DRI's For The Defense, October 2005.

• "Case Management Orders in Mass Tort Litigation" at

http://www.martindale.com/xp/Martindale/Legal_Articles (September 2005) by Judi Abbott Curry (revision of "Mass Tort Litigation: Using Case Management Orders”), For The Defense (DRI) (August 1999).

CYNTHIA WEISS ANTONUCCI

EDUCATION: JD, 1983, New York Law School BS, 1978, State University of New York

at Plattsburgh

ADMISSIONS TO PRACTICE: New York State Bar, 1984 New Jersey State Bar, 1985 United States District Court Southern District of New York, 1984 Eastern District of New York, 1984 Northern District of New York, 1995 District of New Jersey, 1985 United States Court of International Trade, 1988

LEGAL PRACTICE: Ms. Antonucci is a member of the firm. She is leader of the Mass Torts & Industry-Wide Litigation Practice Group and serves on the Medical & Life Sciences Industry Team. Ms. Antonucci has devoted more than 20 years of her practice to the defense of products liability and toxic tort matters, including mass tort, chemical exposure, drug and device product liability, medical malpractice claims, and related complex litigation matters. Ms. Antonucci’s legal practice focuses on the litigation of toxic torts involving indoor air pollution, sick building syndrome, mold, pesticides, aerosol products and other chemical exposures on behalf of Fortune 500 companies and their insurers. Products Ms. Antonucci has defended include floor waxes, strippers and polishes, various commercial grade pesticides, operative dye products, blood products, paints, solvents, aerosol ant and roach sprays and foggers, aerosol and plug-in air fresheners, personal insect repellants, DEET-containing pesticides and liquid drain cleaners, and a variety of asbestos-containing products. Ms. Antonucci is national coordinating counsel to a manufacturer of floor tile in asbestos litigation. She has tried numerous mass tort, toxic tort and multi-plaintiff related product liability and other personal injury cases in state and federal courts. Ms. Antonucci also represents defendants in multi-party litigation involving heavy machinery, including trucks, forklifts, cranes and lifts. Ms. Antonucci brings a unique perspective and experience to the practice of law in the health care area. She was a former registered nurse at New York Hospital-Cornell Medical Center where she specialized in high-risk obstetrical care, including labor and delivery, operating and recovery room and antepartal testing. She represents physicians, dentists and ancillary health care professionals such as nurse anesthetists, nurse midwives, physical therapists, and respiratory therapists before administrative tribunals and in high-exposure medical malpractice claims.

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Representative cases of interest include:

• Stephenson by Coley v. S.C. Johnson & Son, Inc. (New York State Supreme Court; 1996): In a products liability/negligence claim where an older boy ignited spray from sample aerosol can and created a blow torch, burning a child, the defendant was entitled to summary judgment as intervening acts of older boy were not normal result of defendants' negligence so as to be reasonably foreseeable, and in absence of manufacturer's knowledge of similar past occurrences, intervening assault severed causal nexus as a matter of law.

• Zwillinger v. Garfield Slope Housing Corp. (U. S. District Court, EDNY; 1998): In an action

for damages for "multiple chemical sensitivity" allegedly caused by carpet off-gassing, summary judgment awarded to defendants based upon Daubert standards.

PROFESSIONAL AND COMMUNITY ACTIVITIES: Ms. Antonucci is a frequent lecturer on asbestos litigation, sick building syndrome and product liability at national medical conferences and bar association seminars. She is vice chair of the Toxic Tort and Environmental Law Committee of the American Bar Association. She is also a member of the American Society of Law & Medicine, American Association of Nurse Attorneys, and New York State Bar Association.