Product liability considerations are not likely the first concerns that spring to mind for the many companies working to develop digital health countermeasures and other products related to COVID-19. Yet even while putting together solutions on an accelerated timeline, there are some straightforward actions that companies can take that may
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Emily Ullman
Emily Ullman is an experienced civil litigator with a focus on complex product liability and mass tort matters, particularly for clients in the life sciences, consumer goods, and technology sectors. She represents major manufacturers and suppliers in high-stakes disputes across federal and state courts and regularly advises on transactions, regulatory issues, and strategic decisions that carry potential tort exposure.
Emily has defended some of the nation’s most significant product liability, class action, and multidistrict litigations. Her experience includes serving as national coordinating counsel to Mead Johnson in litigation around Enfamil premature infant formula; representing McKesson Corporation at trial in the opioids litigation; and defending AstraZeneca and Bristol Myers Squibb in an MDL involving Type 2 diabetes medication. She currently represents TikTok in consumer protection litigation challenging the platform’s suitability for minors.
Emily has been widely recognized for her accomplishments. She is ranked by Chambers USA (2022–2025), with clients describing her as “great on her feet as an oral advocate,” “a really sharp, tough cross-examiner,” and “one of the smartest people I have known — talented in mass tort and class action litigation.” She has also been named a Law360 Product Liability Rising Star and recognized multiple times by AmLaw Litigation Daily, including as a “Litigator of the Week” runner-up for obtaining complete victories on summary judgment—affirmed on appeal—in consolidated federal and state litigations surrounding the diabetes medication Onglyza. She was also recognized for her role in defending TikTok against state-led consumer protection and First Amendment challenges.
AI Update: Medical Software and Preemption
In light of the rapidly expanding field of medical software technology, and its recognition that traditional approval mechanisms for hardware-based medical devices may not be well suited to regulating such technology, FDA is piloting a new, streamlined regulatory approach for digital health technologies. The initiative, currently a “working model” and…
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Digital Health Checkup (Bonus): Product Liability and Insurance Coverage

In this bonus edition of our checkup series, Covington’s global cross-practice Digital Health team considers some additional key questions about product liability and insurance coverage that companies across the life sciences and technology sectors should be asking as they seek to fit together the regulatory and commercial pieces of the complex digital health puzzle.
1. What are the key questions when crafting warnings and disclosures?
If your product is regulated, your warnings and disclosures will need to comply with any relevant regulations. In the case of a product not regulated by the FDA or equivalent regulatory body, first consider how your warnings and disclosures will be incorporated into the use of the product.
Some disclosures, like an explanation of the data source used by software, may fit best in terms and conditions that a user sees before using the product. Key warnings, however, may be more appropriately placed as part of the user experience.
Example: A warning that patients should consult their doctors if necessary may need to be placed in proximity to specific medical content.
Best Practice: Consider your intended audience: are you writing warnings for doctors, patients, or institutions? The appropriate types of disclosures will vary across populations. Patient-directed warnings may also need to be written in simplified language.
Best Practice: Consider whether it is appropriate for your product to have users to accept or otherwise be required to agree to the warnings and disclosures.
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