Kevin Mayer

Partner
Norton Rose Fulbright US LLP

Los Angeles
United States
T:+1 213 892 9292
San Francisco
United States
T:+1 628 231 6800
Los Angeles
United States
T:+1 213 892 9292
San Francisco
United States
T:+1 628 231 6800
Kevin Mayer

Kevin Mayer

vCard

Biography

Kevin C. Mayer is a partner and commercial trial attorney in Norton Rose Fulbright's Los Angeles and San Francisco offices. He has litigated and tried cases in multiple federal, state, territorial, and tribal courts, as well as before government agencies and administrative bodies. Kevin also has an active counseling practice, representing clients facing regulatory enforcement at both the state and federal level.

Kevin frequently represents clients in the business, oil and chemical, sporting goods and fitness, energy, medical device and pharmaceuticals, industrial and consumer products, manufacturing, and construction industries, as well as academic institutions.

Kevin has vast experience addressing complex commercial, scientific, medical, regulatory, and technical issues that are of pivotal importance to the companies' positions. These matters include the recent prosecution of plaintiff and defense interests in business torts and breach-of-contract litigation, medical device product liability/mass tort actions, and civil and administrative law trials and appeals for industrial and commercial entities' alleged violations of the federal and states' OSHA and environmental statutes as well as California's Safe Drinking Water and Toxic Enforcement Act of 1986 (Proposition 65) and the Toxic Substances Control Act (TSCA). He frequently speaks on civil trial and administrative law practice and he has spoken to innumerable trade associations and their members from coast-to-coast.

As one of the country's preeminent trial attorneys in the defense of toxic tort and water-borne pathogen litigation, Kevin assists clients in dealing with individual injury and community disease outbreaks allegedly caused by chemical exposures and viral and bacterial contamination of municipal and building water systems. His work routinely includes handling cancer, systemic disease, birth defect, and Legionnaire's Disease cases. Members of industry turn to Kevin for his guidance on the legal ramifications associated with increased government scrutiny and regulation of environmental, health and safety issues in the workplace.

While in law school, Kevin was an extern to the Honorable Eugene F. Lynch, U.S. District Court for the Northern District of California. Kevin is admitted to practice before all federal and state courts in the State of California, and has been admitted pro hac vice in numerous federal, state, and tribal jurisdictions.


Professional experience

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JD, University of California, Hastings College of the Law
BA, University of California, Berkeley

  • California State Bar
  • Serves as regional trial counsel for several major American chemical and products companies in toxic tort, mass tort, and asbestos/talc litigation, and works with national coordinating counsel on the clients' medical and scientific evidentiary and expert witness issues.
  • Plaintiff counsel in a major fraud and breach of contract action against the manufacturer of a COVID-19 diagnostic test which failed to comply with agreed specifications for performance.
  • Acting as de facto General Counsel for a revolutionary "waste to high-value recyclables, new feed stocks and on-site energy sources" technology company whose closed loop system will transform the way in which the world handles the human garbage stream.
  • Serves as national coordinating trial counsel for major American sporting goods manufacturer in asbestos and talc litigation, including successful resolution of one of the first pericardial mesothelioma cases to ever proceed to trial.
  • Serves as designated trial counsel in western U.S. for Fortune 100 conglomerate and its national coordinating counsel in asbestos personal injury and wrongful death litigation.
  • Represents a preeminent California winery in environmental regulatory, civil and administrative proceedings, and litigation arising from a storage tank failure and resultant spill to local waterways.
  • Served as defense trial counsel in negligence and OSHA violation wrongful death lawsuit for industrial farm accident, successfully resolving the case during pretrial hearings.
  • Coordinated client internal investigation and work with Cal OSHA during its investigation of industrial facility detonation incident, appealed and litigated Cal OSHA citations, and negotiated successful resolution of same immediately prior to trial.
  • Handles federal, state, and Cal OSHA compliance counseling and incident investigations and citation appeals for various industries and facilities, including government military contractors, energy companies, industrial equipment vendors, and high-rise buildings.
  • Represents international transportation-rental giant in California class action products liability lawsuit, and counseling on related matters for client.
  • Represented one of the world's largest art glass manufacturers in U.S. EPA and state proceedings involving hazardous air pollutants (HAPs) and potential violations of the federal Clean Air Act.
  • Served as principal defense trial counsel for a medical device manufacturer in mass tort multi-plaintiff federal and state court products liability lawsuits alleging design, manufacturing and warnings defects, fraudulent misrepresentation and concealment, and breach of warranties.
  • Served as defense trial counsel in toxic tort litigation involving claims of Toxic Shock Syndrome, transverse terminal limb reductions, and Legionnaire's Disease.
  • Defending a water treatment chemistry company in toxic tort, product liability wrongful death case alleging leukemia from solvents and other chemical exposures, and in mass tort litigation involving refinery catalysts.
  • Served as trial counsel for several chemical product manufacturers in three trial groups of dozens of plaintiffs alleging cancer and systemic disease from alleged exposures in Lockheed's "Skunk Works" facilities in the Lockheed Worker Coordinated Judicial Proceedings in Los Angeles.
  • Handles Proposition 65 compliance counseling, violation notice investigations, litigation, and industry-wide resolutions for myriad domestic and international companies whose products are alleged to contain excessive concentrations of various carcinogens and reproductive toxins, including lead, phthalates, bisphenol A, benzene, TDCPP, and hexavalent chromium.
  • Served as defense counsel for a Fortune 100 food and beverage company in a Proposition 65 suit concerning allegations of acrylamide exposure from multiple products.
  • Served as litigation and trial counsel for a large herbicide manufacturer in multi-district litigation proceedings involving claims of property damage, misbranding, and mislabeling.
  • Trial counsel for a major international generic pharmaceutical company in nationwide federal and state court litigation against the industry, alleging Medicaid overpayments for prescription drug reimbursements.
  • Served as National Coordinating Counsel in the federal Multi-District Litigation proceedings, and defense liaison counsel in the coordinated California state court actions defending the formulators and encapsulators of nutritional supplements in the national L-tryptophan products liability litigation.
  • Served as a coordinating and litigation counsel for numerous product manufacturers and distributors in the New York, Minnesota, and California IBM Worker Litigation, addressing personal injury and wrongful death claims from cancer, birth defects, and other reproductive consequences.
  • Represented the real estate development arm of a Canadian conglomerate in construction defect litigation throughout California.
  • Served as National Trial and Coordinating Counsel for a major American company contesting claims of fraudulent misrepresentation, concealment, and conspiracy arising out of its historic investigative efforts, research, and publications on occupational hazards posed by exposure to industrial chemicals and minerals.
  • Legal 500, Recommended Lawyer, Product liability, mass tort and class action - defense: toxic tort, The Legal 500, 2021-2022
  • Southern California Super Lawyer, Thomson Reuters, 2006 – 2018
  • Burton Award for Legal Achievement, The Burton Awards, 2006
  • Bet Tzedek Pro Bono Justice Award, 2015
  • Senior Fellow, Litigation Counsel of America
  • Co-author, "OSHA compliance, investigations and citation appeals," Norton Rose Fulbright – Legal Update, October 20, 2020
  • Author, "OSHA announces its most frequently cited standards," Norton Rose Fulbright – Legal Update, January 15, 2021
  • Author, "Required 2020 Injury and Illness Data submission deadline looming," Norton Rose Fulbright – Legal Update, January 15, 2021
  • Author, "OSHA announces adjustments to civil penalty amounts," Norton Rose Fulbright – Legal Update, January 15, 2021
  • Author, "State-specific OSHA guidelines: Michigan," Norton Rose Fulbright – Legal Update, January 15, 2021
  • Co-author, "California COVID emergency standard survives, Federal OSHA issues new guidance," Norton Rose Fulbright – Legal Update, February 1, 2021
  • Author, "US OSHA seeks to update HazCom," Norton Rose Fulbright – Legal Update, February 8, 2021
  • Co-author, "US OSHA announces new whistleblower protections," Norton Rose Fulbright – Legal Update, February 24, 2021
  • Co-author, "OSHA compliance, investigations and citation appeals," Norton Rose Fulbright – Legal Update, April 9, 2021
  • Co-author, "Biden nominates federal OSHA head," Norton Rose Fulbright – Legal Update, April 12, 2021
  • Author, "New OSHA guidance for employer on COVID vaccines," Norton Rose Fulbright – Legal Update, April 29, 2021
  • Co-author, "Vote postponed on Cal/OSHA's revised COVID-19 standard to allow consideration of recent CDC guidance on vaccinations and masks," Norton Rose Fulbright – Legal Update, May 20, 2021
  • Co-author, "A revised Cal/OSHA COVID-19 standard creates confusion," Norton Rose Fulbright – Legal Update, June 1, 2021
  • Co-author, "Cal/OSHA standards board passes revised COVID-19 emergency temporary standards," Norton Rose Fulbright – Legal Update, June 9, 2021
  • Co-author, "OSHA issues new COVID workplace guidance," Norton Rose Fulbright – Legal Update, June 17, 2021
  • Co-author, "OSHA compliance, investigations and citation appeals," Norton Rose Fulbright – Legal Update, July 8, 2021
  • Author, "US OSHA promotes training grants for safer workplaces," Norton Rose Fulbright – Legal Update, July 23, 2021
  • Co-author. "US OSHA encouraging whistleblower claims," Norton Rose Fulbright – Legal Update, July 30, 2021
  • Author, "US Federal OSHA updates COVID workplace guidance," Norton Rose Fulbright – Legal Update, August 17, 2021
  • Co-author, "COVID-19 action plan," Norton Rose Fulbright – Legal Update, September 10, 2021
  • Author, "State-specific OSHA guidelines: Michigan," Norton Rose Fulbright – Legal Update, October 19, 2021
  • Co-author, "OSHA compliance, investigations and citation appeals," Norton Rose Fulbright – Legal Update, October 19, 2021
  • Author, "Senate Bill 606 increases Cal/OSHA authority and adds new grounds for issuing citations," Norton Rose Fulbright – Legal Update, October 28, 2021
  • Author, "US Senators and House members moving to disapprove Biden COVID vaccine orders," Norton Rose Fulbright – Legal Update, November 4, 2021
  • Author, "Forthcoming constitutional and other legal challenges to US OSHA COVID ETS," Norton Rose Fulbright – Legal Update, November 5, 2021
  • Author, US OSHA issues COVID vaccine and testing ETS," Norton Rose Fulbright – Legal Update, November 5, 2021
  • Author, "US Fifth Circuit grants a nationwide stay of OSHA's vaccine-or-test mandate," Norton Rose Fulbright – Legal Update, November 8, 2021
  • Co-author, "US Fifth Circuit upholds stay on OSHA ETS," Norton Rose Fulbright – Legal Update, November 15, 2021
  • Author, "OSHA and NIOSH explain priorities," Norton Rose Fulbright – Legal Update, November 16, 2021
  • Author, "US Sixth Circuit gets ETS challenges," Norton Rose Fulbright – Legal Update, November 17, 2021
  • Author, "New US OSHA Voluntary Protection Program online portal," Norton Rose Fulbright – Legal Update, November 22, 2021
  • Author, "OSHA extends public comment period for COVID ETS," Norton Rose Fulbright – Legal Update, December 1, 2021
  • Author, "Nationwide injunction issued against vaccine mandate for federal contractors," Norton Rose Fulbright – Legal Update, December 8, 2021
  • Author, "LA "Green New Deal" moving forward," Norton Rose Fulbright – Legal Update, December 17, 2021
  • Author, "US Sixth Circuit dissolves stay of OSHA ETS," Norton Rose Fulbright – Legal Update, December 21, 2021
  • Author, "US Supreme Court to hear ETS and CMS arguments on January 7," Norton Rose Fulbright – Legal Update, December 28, 2021
  • Co-author, "US Supreme Court decisions stay OSHA ETS, uphold CMS vaccine mandate," Norton Rose Fulbright – Legal Update, January 14, 2022
  • Co-author, "OSHA compliance, investigations and citation appeals," Norton Rose Fulbright – Legal Update, January 18, 2022
  • Author, "Public comment period ends for OSHA heat hazard rulemaking," Norton Rose Fulbright – Legal Update, January 18, 2022
  • Author, "OSHA announces new penalty amounts," Norton Rose Fulbright – Legal Update, January 19, 2022
  • Author, "Challenging the admissibility of expert opinions at trial," For the Defense, February 2022
  • Author, "National Advisory Committee on Occupational Safety and Health will meet February 22," Norton Rose Fulbright – Legal Update, February 4, 2022
  • Co-Author, "The Art and Science of Jury Selection in California," The Recorder, February 9, 2022
  • Co-author, "US OSHA wants better EHS programs in healthcare facilities," Norton Rose Fulbright – Legal Update, February 18, 2022
  • Author, "Challenging the admissibility of expert opinions at trial," Norton Rose Fulbright – Legal Update, March 1, 2022
  • Author, "OSHA announces new grants for workplace safety and health training," Norton Rose Fulbright – Legal Update, March 7, 2022
  • Co-author, OSHA to pursue heightened inspections in healthcare facilities handling COVID patients," Norton Rose Fulbright – Legal Update, March 8, 2022
  • Author, "US OSHA adds to employee whistleblower protections," Norton Rose Fulbright – Legal Update, March 9, 2022

 

  • Speaker, "US: State of the Union: COVID-19 now," Webinar, March 16-30, 2020
  • Speaker, "US: State of the Union: COVID-19 now," Webinar, April 6-27, 2020
  • Speaker, "Reopening the California workplace: Employment and OSHA concerns companies face," Webinar, May 1, 2020
  • Speaker, "Pandemic response in the American workplace: The OSHA story," Webinar, June 1, 2020
  • Speaker, "Cal / OSHA citations during the pandemic: Are you vulnerable?" Webinar, September 9, 2020
  • Moderator, "Back-to-work in the COVID-19 era: Concerns for employers and real-world best practices," Webinar, October 28, 2020
  • Speaker, "Stark and Anti-Kickback, the next frontier: An examination of the new final rules and their impact," Webinar, January 14, 2021
  • Speaker, "Legal issues with infectious diseases: The good, the bad and the ugly," Webinar, February 25, 2021
  • Speaker, "OSHA expectations and priorities under the Biden Administration," Webinar, April 1, 2021
  • Speaker, "Legal issues with infectious diseases: The good, the bad and the ugly," Webinar, February 25, 2021
  • Speaker, "OSHA expectations and priorities under the Biden Administration," Webinar, April 1, 2021
  • Panelist, "Emerging post-pandemic: A new infrastructure asset class," Webinar, June 8, 2021
  • Speaker, "Virtual California CLE blitz," Webinar, January 25-26, 2022

 

  • Co-Chairman, Sports & Fitness Industry Association (SFIA) Legal Task Force
  • Defense Research Institute's Toxic Tort and Environmental Law Committee
    • Member, Steering Committee
    • Member, Trial Tactics Subcommittee
  • Scientific Advisory Board for the Association for Environmental & Health Sciences Foundation
  • Kevin served as a four-year member of the Board of Governors for the Association of Business Trial Lawyers, Los Angeles Chapter.
  • Kevin served for five years as a Board member for the Constitutional Rights Foundation, Los Angeles Chapter.
  • Coach for the Los Angeles Kings Legends League and High School Spring League, working with high school hockey players.
  • Litigation Counsel of America, Trial Law Institute & Diversity Law Institute