Liv Kiser's practice focuses on all aspects of risk management and dispute resolution in connection with the marketing and sale of products and services. Ms. Kiser counsels numerous distributors, franchisors and retailers in the automotive, financial, retail, health, food and other industries concerning the potential risks associated with their marketing, advertising and labeling. Ms. Kiser’s counseling expertise is borne from her many years of successfully defending companies in consumer class and regulatory actions against allegations of consumer fraud, false labeling, false advertising, breach of warranty, and other claims arising under state and federal law. Ms. Kiser is a seasoned and well-regarded advocate, and her ability to view labeling and marketing from the perspective of a plaintiff’s lawyer provides great value to the companies she represents.
Ms. Kiser counsels companies of all sizes in connection with new and current products and services, including all forms of advertising, marketing and labeling. She conducts “Risk Threat Assessments” (RTAs) to identify and manage potential risks and threats from a litigation perspective. Ms. Kiser also has considerable experience counseling franchisors in the automobile and retail sectors concerning applicable laws, best practices and other commercial franchising matters.
Ms. Kiser counsels clients on best consumer practices in order to minimize litigation risk, particularly with respect to advertising, product labeling, special promotions, privacy and appropriate consumer disclosures. As Co-Chair of Loeb & Loeb’s Health and Wellness Marketing Compliance Task Force, Ms. Kiser is a leader of the firm’s food, health and life sciences practice. Ms. Kiser’s experience extends to advising food, supplement, agriculture and personal care products companies on state and federal regulatory compliance, including regulations promulgated by the U.S. Food and Drug Administration, the Federal Trade Commission, the U.S. Department of Agriculture, and the U.S. Consumer Product Safety Commission.
Consumer Class Action and Regulatory Defense
Ms. Kiser’s litigation practice focuses primarily on complex class action defense, with particular experience in consumer fraud actions. In the automotive industry, Ms. Kiser routinely represents domestic and foreign automobile manufacturers and distributors in disputes arising under consumer protection statutes and other laws. She has a wealth of experience defending class action lawsuits in which false and misleading advertising and other deceptive consumer practices arising from purported vehicle defects and/or deficiencies are alleged. Ms. Kiser has successfully defeated class certification in every case that has reached that stage, and has resolved many more cases at the pleading stage (or even before).
Ms. Kiser routinely appears in state and federal tribunals and before arbitration panels and administrative hearing officers throughout the United States, including the Judicial Panel on Multidistrict Litigation. She has extensive experience at every stage of litigation, including removal, transfer and consolidation, fact and expert discovery, defeating class certification, preparing and arguing dispositive motions, and trial and appellate practice.
Pro Bono and Bar Service
In addition to her commercial practice, Ms. Kiser is committed to pro bono and bar service. In her pro bono practice, she has focused primarily on children seeking asylum in the U.S. and those requiring special education services in schools. As a result of her work, new law has been developed in these areas.
As part of her bar service, Ms. Kiser recently served on a committee of the American Bar Association to review and provide comment on the proposed consumer protection law for the Islamic Republic of Afghanistan. Ms. Kiser was tasked with drafting a section of comments and recommendations, which the ABA subsequently provided to the Afghan government.