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Heather Counts


St. Louis
314 552 6551 direct

Heather defends clients facing consumer products claims and commercial litigation. She has been named a Rising Star by Missouri & Kansas Super Lawyers, in the "Personal Injury, Products Defense" category, for five years running.

Heather acts as national counsel for manufacturers facing 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. In 2013, she was part of a trial team in West Virginia -- one of the nation's top-ranked "Judicial Hellholes" -- that successfully defended a tobacco client against products and fraud claims in a mass consolidated plaintiffs' action.

Heather is well-versed in other commercial claims, such as 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. Additionally, Heather has experience in sophisticated legal analysis and brief writing. On behalf of a pro bono client, Heather co-authored an amicus brief that was cited by the U.S. Supreme Court 's majority opinion in its 2010 landmark Second Amendment decision, McDonald v. Chicago.