Neal Walters

Automotive Matters

Neal has broad experience counseling automotive companies on regulatory, product development, and service issues, as well as defending these companies in product liability litigation. On a daily basis, Neal defends one the fastest growing domestic distributors of foreign motor vehicles in substantial class action litigation. He has defended allegations of widespread defects in automotive class actions, many of which carried eight- and nine-figure exposure. Neal is one of the few lawyers to have successfully tried two automotive class actions through jury verdicts—resulting in a unique perspective on defending expert and class certification issues. He has been successful in accelerating the dismissal or resolution of these complex cases through motions to dismiss, resourceful class settlements and, more recently, through the use of voluntary market actions.

Neal regularly addresses risk management and regulatory issues arising from the development and field support of motor vehicles. Working with top experts, he has an intimate understanding of parts supply and Production Part Approval Processes (PPAP), as well as FMEA methodologies. Neal also has experience working with Wheelchair Tie-Down and Occupant Restraints (WTOR) systems and other unique mobility issues affecting disabled passengers. He reviews service and sales literature to develop terms and conditions for sales and to validate advertising and other product materials for litigation sensitivity.

In addition, Neal has been engaged in substantial projects to analyze an automotive company's corporate structure to minimize litigation risk; develop processes for early warning decisions; and to train employees on litigation sensitivity and claims processing. Working with the firm's Privacy and Data Security Group, he has provided gap analyses to bring automotive companies into compliance with evolving cybersecurity and data privacy ISO standards. Neal is also a frequent presenter on automotive issues and trends, including the product liability risks associated with the development of autonomous vehicles.

Industrial Matters

Neal has extensive experience defending industrial companies against catastrophic injury cases arising from workplace accidents, toxic torts, fires, and explosions—including Benzyne exposure, nitrus oxide exposure, entrapment claims, building and furnace explosions, and industrial machine accidents. He has developed a deep knowledge of the interplay of immunity issues arising from worker's compensation, OSHA considerations, and managing multiple interdisciplinary experts.

On a weekly basis, Neal and his team advise companies on compliance with ANSI warnings standards and the development of warning labels for applications including steel making, industrial machines, consumer and commercial products, and agriculture. Neal also develops and negotiates the contractual terms and conditions necessary to protect the product in sales and service, including indemnification, insurance and UCC logistical issues with title, bailment, and warranties.

Commercial and Energy Product Matters

Neal addresses legal issues arising in the development of commercial and energy products. This has included a particular emphasis on the development and analysis of the FMEA of smart meters, for which he has substantial experience with applicable UL and ANSI standards. In this role, Neal has overseen the validation of smart meter technologies and analyzed the contractual warranty and litigation issues arising from smart grid performance issues. He has also analyzed the warnings and operational procedures associated with lithium powered home energy sources, as well as solar panels.

Neal has also successfully defended class actions brought under the New Jersey Truth in Consumer Contract and Warranty Notice Act (TCCWNA), a challenging law often implicating the sales disclosures made by product companies in website and other advertising materials.