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Heather Counts

Partner

St. Louis
314 552 6551 direct

Heather defends clients facing consumer products claims and commercial litigation.

Heather acts as national counsel for manufacturers facing tort and injury litigation in state and federal courts, including, most recently, representing a tobacco client at trial in California and an automotive manufacturer facing trial in Texas. 

Heather is well-versed in commercial claims as well, including civil RICO. She served on the defense trial team for one of the largest civil RICO cases brought by the Department of Justice (U.S. v. Philip Morris USA), where she handled issues including marketing, consumer risk perception, injury causation and compelled commercial speech. Heather has also helped craft RICO claims brought by civil plaintiffs in complex commercial litigation in the telecommunications industry.

Heather is experienced in all phases of litigation, from responsive pleadings through post-trial and appellate briefing. In particular, she has successfully worked to limit or exclude from trial the opinions of opposing experts. Heather's work regarding expert witnesses extends to fields as diverse as epidemiology, neuropsychology, emergency medicine, mechanical engineering, and marketing.

In addition to her litigation practice, Heather also counsels product manufacturing clients regarding issues such as CPSC product recalls and investigations.  

Blogs

Analysis of sugar industry documents may impact litigation

Missouri appellate court rejects ‘ingredient list’ defense in food labeling case

Is San Francisco’s sugar-sweetened beverage rule watering down First Amendment rights?

‘Added Sugar’ gets a bad rap, but California’s ‘Food Court’ dismisses proposed class claims

Publications

"Is San Francisco's sugar-sweetened beverage rule watering down First Amendment rights?";
The Food Fight Blog, June 2016

"'Added Sugar' gets a bad rap, but California's 'Food Court' dismisses proposed class claims";
The Food Fight Blog, December 2015