name

Anne Marie Ellis

Partner
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Buchalter

South California, USA
    Local Time: Sunday 05:16

Practice Expertise

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Areas of Practice

  • Chemical Law & Prop 65
  • Environmental Law Practice
  • Greater China Practice
  • Japan Practice
  • Litigation
  • Products Liability Law
  • State Attorneys General
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Profile

Anne Marie Ellis is the California Chair of Buchalter's Products Liability Practice Group and the Chair of the Chemical Law and Prop. 65 Industry Group. She concentrates on product liability defense, personal injury and commercial litigation, general liability, regulatory compliance, and client counseling. Anne Marie is recognized by Chambers USA as a leader in her field of Product Liability and Mass Torts.

Whether defending claims as trial counsel, managing risks associated with allegations of catastrophic injuries and wrongful death, or establishing strategies to prevent and defend California's Proposition 65 claims, Anne Marie has a reputation for practicality and efficiency in complex, high exposure investigations, litigation, trials and regulatory matters. Prevailing in state and federal courts across the country, Anne Marie has a complex litigation background that includes class actions and every phase of litigation and trial. She is well-versed on e-discovery and preservation of trade secrets and confidential information.

Anne Marie also spends considerable time helping clients prevent litigation and apply best practices to comply with regulatory obligations. She is a frequent author and presenter to legal and industry audiences. Recently, Anne Marie has been advancing the discussion around trends in PFAS claims and compliance with Prop 65. She offers extensive experience managing California Proposition 65 compliance as well as defending private enforcement cases.

Regulatory Compliance and Pre-Litigation Counsel

In her counsel to many regulated businesses, Anne Marie advises and guides on matters involving state and federal agencies including the Consumer Product Safety Commission, California's Department of Toxic Substances Control, Attorney General investigations, U.S. Food and Drug Administration, product recalls, and a range of compliance issues. Her litigation-prevention guidance and advice addresses:

  • Recalls and Investigations
  • Supply Chain Issues
  • Warranty Reviews
  • Releases/Waivers
  • Warnings and Labels
  • User Manuals and Other Regulatory Obligations
  • Implementing compliance and testing plans

Anne Marie has also helped clients fight back against Consumer Legal Remedies Act, false advertising, unfair business practices shakedown suits and similar claims. She also routinely defends lawsuits and claims involving Title III of the ADA, and corresponding California statutes including the Unruh Civil Rights Act, for brick-and-mortar stores and website accessibility.

Should a crisis arise, Anne Marie is familiar with the best practices to contain and control risks and works closely with company leadership to implement a powerful, early defense.

Advising Clients Across Industry Sectors

Anne Marie represents national and regional manufacturers, retailers, distributors, importers, franchisors, and direct selling companies, among others. Her additional experience across a variety of industries and issues includes:

  • Amusement Park Venues
  • Apparel and Textiles, Jewelry, and Accessories
  • Arborists
  • Automotive, including Autonomous Vehicles and Emerging Technologies
  • Cannabis
  • Chemicals (restricted and regulated) and Pesticides, PFAS, and Other Toxic Torts
  • Children's Products, Toys and Care Devices, and Clothing
  • Consumer Appliances
  • Cosmetics, Health and Wellness, and Dietary Supplements
  • Food and Hospitality
  • Medical Devices and Pharmaceuticals
  • Restaurants
  • Sporting Goods and Fitness Equipment, Recreational and Outdoor Products
  • Trash and Recycling Haulers
  • Wildland Fires


Bar Admissions

  • California

Education

  • Seton Hall University School of Law, J.D., 2002
  • University of California, Berkeley, B.A., English, 1999

Areas of Practice

  • Chemical Law & Prop 65
  • Environmental Law Practice
  • Greater China Practice
  • Japan Practice
  • Litigation
  • Products Liability Law
  • State Attorneys General

Professional Career

Significant Accomplishments

False Advertising Claims

  • Defended claims regarding potential for leaching of and exposure to microplastics in an infant product.
  • Defended claims regarding PFAS in apparel.
  • Defended claims regarding the use of "natural" in a beverage and "no preservatives" in packaged food.
  • Defended claims regarding PFAS in makeup and improper application instructions around the eyes.
  • Defended claims regarding "slack fill" allegations with food.

Industry-wide Defense

  • Defended beauty and cosmetic brands in California Proposition 65 matters over titanium dioxide in makeup through joint defense groups.
  • Defended manufacturers and retailers in California Proposition 65 matters over BPA in socks and athletic apparel through joint defense groups.

Product Safety and Compliance

  • Defended hundreds of manufacturers, retailers and distributors in California Proposition 65 Notices of Violation and litigation.
  • Represented retailers and distributors in investigations and civil penalty claims related to Consumer Product Safety Commission reporting failures.
  • Advised clients on reporting and recall of potentially defective products.
  • Counseled entities on product safety compliance, including developing manuals and procedures.
  • Represented retailers in statewide investigations regarding consumer goods.
  • Advised clients on defense and indemnity obligations from manufacturing agreements.

Litigation Successes

  • Served as local counsel in obtaining a complete defense verdict in Yolo County Superior Court for a company providing consulting services related to urban forestry in a wrongful death case. After a 17-day trial, the jury found no liability for our client, while the co-defendant was found liable for over $24 million in damages.
  • Secured dismissal of a putative class action in the U.S. District Court for the Central District of California involving concussion liability for USA Football.
  • Obtained Summary Judgment and dismissal for a national hardware store chain in an ADA disability access lawsuit.
  • Obtained summary judgment for contract manufacturers and retailers in a Proposition 65 lawsuit.
  • Secured dismissal of action in the California Superior Court for the County of Orange based on Forum Non Conveniens.
  • Obtained summary adjudication on a negligent infliction of emotional distress claim in a product liability/personal injury action.
  • Secured dismissal of action alleging violations of the Unruh Civil Rights Act, Bane Act, Disabled Persons Act, and intentional infliction of emotional distress in the California Superior Court for the County of Orange.



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