Michael L. Fox

represents energy companies, chemical and equipment manufacturers, construction and pharmaceutical companies, and public entities in toxic tort, environmental release, general liability and serious personal injury matters. He has extensive experience litigating complex, multiparty disputes involving alleged exposure to asbestos, chemicals and other airborne and groundwater contaminants, as well as commercial disputes involving anti-trust claims, trade secrets, corporate governance, and insurance.

Mr. Fox has tried and arbitrated several cases to verdict. He has argued numerous appeals before the California Supreme Court, California Courts of Appeal and Ninth U.S. Circuit Court of Appeals, including disputes involving police officer privacy rights, public access, premises liability, civil procedure, silica exposure, application of California’s anti-SLAPP statute, and directors and officers insurance .

Mr. Fox is a 1994 graduate of Pepperdine University School of Law and a 1991 graduate of the University of Pennsylvania.

Resume

Experience

•Duane Morris LLP
- Partner, 2018-present

•Sedgwick LLP
- Partner, 2003-2017
- Associate, 1998-2002

•McKay, Byrne & Graham
- Associate, 1994-1998

Honors and Awards

•AV Preeminent Peer Review Rated by Martindale-Hubbell

•Listed in Northern California Super Lawyers, Top Rated Products Liability Attorney

Publications

Selected Publications

•“Tenth Circuit Daubert Ruling Bars Plaintiff Expert’s AML Benzene Opinion Based on Differential Diagnosis,” International Association of Defense Counsel Toxic and Hazardous Substances Litigation Newsletter, May 2018

•“Reverse False Claims Update: No False Claims Act Liability for Merely Failing to Report Leaks of Toxic Substances,” IADC Committee Newsletter, May 2017

•“False Claims Act Liability for Failure to Make Required Toxic Risk Disclosures,” Bloomberg BNA Toxics Law Reporter, October 2016

•“False Claims Act Liability for Failure to Make Required Toxic Risk Disclosures,” International Association of Defense Counsel Toxic and Hazardous Substances Litigation Newsletter,September 2016

•“Fifth Circuit Finds Common Sense Inferences Support Mass Action Removal,” International Association of Defense Counsel Toxic and Hazardous Substances Litigation Newsletter,January 2016

•“Recent Developments in Medical Monitoring Case Law: Pleadings-Stage Dismissal in California, and Updates from Other Jurisdictions,” International Association of Defense Counsel Toxic and Hazardous Substances Litigation Newsletter, April 2015

•“The Use of Forensic Psychiatry in Catastrophic Injury and Multi-Party Litigation,” Bloomberg BNA Expert Evidence Report,December 2013

•“California Appellate Court Limits Application of Sophisticated User Doctrine,” International Association of Defense Counsel Toxic and Hazardous Substances Litigation Newsletter,November 2013

•“Maryland’s Highest Court Clarifies Toxic Tort Standards and Reverses a Punitive Damage Award in Excess of $1 Billion,” International Association of Defense Counsel Toxic and Hazardous Substances Litigation Newsletter,April 2013

•“The Impact of the California Supreme Court’s Opinion in O’Neil on Courts Across the Nation: Who’s Next?” International Association of Defense Counsel Toxic and Hazardous Substances Litigation Newsletter, July 2012

•“U.S. Navy’s Fault Should Be Considered Despite Immunity,” Daily Journal, July 2010

•Co-author, “Products Liability for Third Party Replacement of Connected Parts: Changing Tides from the West,” University of San Francisco Law Review,V. 44, No. 1, Summer 2009

•“Indecent Exposure,” Daily Journal,April 2009

•Co-author, “Asbestos Litigation in California: Can it Change for the Better?” Pepperdine Law Review,V. 34, 2007

•“Guiding Juries,” Daily Journal, November 2007

•“California Supreme Court Adopts Sophisticated User Doctrine,” Sedgwick News Flash, April 2008

Speaking Engagements

Selected Speaking Engagements

• Public Entities’ Climate Change Nuisance Litigation: An Update on the Cases and Where They Are Going, IADC's Midyear Meeting, February 2019

• Legal & Practical Issues Facing Health & Safety Professionals, American Industrial Hygiene Association, Northern California Section, November 2017

•“Ground Movement from the Ground Up-Property Claims Involving Geologic Losses,” PLRB’s Large Loss Conference, October 2015

•“Assessing the Viability of Medical Monitoring,” IADC’s Annual Meeting, July 2015

•“Managing the Bargaining and Concession-Making Process While Mastering Tactics and Deflecting Ploys,” PLI’s Basic Negotiation Skills Course, January 2015

•“Recent Developments in Medical Monitoring,” IADC webinar, November 2014

•“Effective Use of Forensic Psychiatry in Catastrophic Injury, Toxic Torts, and Multi-Party Litigation,” IADC’s Midyear Meeting, February 2014

•“In-House Corporate and Insurer Panel on Financial & Legal Decisions, Managing Claims, Defense Costs, Controlling Costs to Resolve Claims, Settlement Negotiations, and More,” ACI’s 16th National Advanced Forum on Asbestos Claims & Litigation, January 2014

•“Managing the Bargaining and Concession-Making Process,” PLI’s Basic Negotiating Skills Course, January 2014

•“Mountains from Molecules? Techniques for Refuting Low Dose Exposure Claims,” IADC’s Midyear Meeting, February 2013

•“Managing the Bargaining and Concession-Making Process,” PLI’s Basic Negotiating Skills Course, January 2013

•“Corporate and Insurer Panel on Financial and Legal Decisions, Managing Claims, Lowering Defense Costs, and Managing Litigation,” ACI’s 12th Annual Advanced Forum on Asbestos Claims & Litigation, January 2012

•“Asbestos Litigation Update: Emerging Trends & Trial Skills,” HB Litigation Conferences, July 2011

•“Shifting Liability: The New Wave of Defendants,” ACI’s 10th National Advanced Forum on Litigating and Managing Asbestos Claims, June 2009

•“Naturally Occurring Asbestos,” Association of Defense Counsel of Northern California and Nevada, April 2007

•“The Low Dose Defense,” Association of Defense Counsel of Northern California and Nevada, May 2007

•“Venue and Forum Non Conveniens,” Harris Martin’s California Asbestos & Silica Litigation Conference, September 2007