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Course Outline
Session 1: The Latest in the Legal Duty to Warn and Instruct
Cal Burnton, Esq. Program Manager
University of Wisconsin
The warnings and instructions provided by a manufacturer serve to prevent accidents and provide the tools necessary to successfully defend a lawsuit. Yet case law often provides no clear answers on what is required to adequately warn and instruct. Cal Burnton will address the development of, and most recent case law-particularly within the last year, relating to a manufacturer’s duty to provide safety information to users of its products. Among the topics will include:
What are your legal responsibilities?
How did we get here and the theories of liability: negligence/strict liability
Factors in determining whether a duty exists
Open and obvious hazards and warnings
Foreseeable/unintended/unforeseeable Misuse
Modifications of products and their impact on your responsibility
Adequacy of warnings
Causation: Did the failure to warn cause the accident?
Post-sale duties: Warnings/retrofit/recalls
ANSI Z535 Standards for Manuals
How to improve your product and organization
This session will give you up-to-date information on recent trends, cases and theories in product liability law.
Session 2: Managing Recalls and their Communications for Large, Installed Equipment: Risks, Realities, and Readiness
Chris Harvey
Senior Vice President, Product Innovation & Industry Engagement
Sedgwick
Product recalls involving large, complex, and installed equipment present unique challenges compared to other product categories. Unlike consumer product recalls, these events often originate from isolated field issues and can escalate into prolonged, highly visible efforts that consume significant organizational time, disrupt customer operations, and result in lasting financial, regulatory, and reputational impact.
Equipment deployed in hospitals, factories, energy infrastructure, and other critical environments cannot be easily removed or replaced, while regulators are applying increased scrutiny to how companies identify affected assets, communicate risk, and execute corrective actions across long product lifecycles. This session will examine the evolving recall landscape for large equipment and outline practical steps organizations can take to strengthen preparedness, communications, reduce exposure, and turn recall readiness into a strategic capability.
Session 3: On-Product Warnings: ANSI Z535.4 and ISO 3864-2:
Angela Lambert
Head of Standards Compliance
Clarion Safety Systems (Milford, Pennsylvania)
Chair, ANSI Z535.1 Safety Colors
Liaison Representative for ISO/TC 145 to ISO/TC 283
Member, ANSI Z535 Committee
Member, U.S. TAG to ISO/TC 145
Member, U.S. TAG to ISO/TC 283
“Failure to warn” and “inadequate warnings” continue to top today’s product liability allegations. Angela Lambert will provide an overview of the ANSI Z535.4 and ISO 3864- 2 standards and how they can be used as the foundation for effective labels and instructions. The session will include a discussion on the most recent updates to the standards (including ANSI Z535.4, ANSI Z535.7, and ISO 3864-2) and warnings considerations related to digitalization and automation, as well as a ‘label workshop’ to analyze real-world scenarios.
Session 4: Reputation, Risk and Responsibility: Social Media for Modern Manufacturers
Beth PopNikolov
CEO Venveo Inc.
Product communication no longer stops at warnings and manuals. Today, safety messaging also lives on social media, jobsite photos, and customer-generated content. This session explores how manufacturers can use social media to reinforce safety culture, clarify product use, and manage risk when conversations about their products happen online.
Session 5: Developing Warnings and Instructions for Product Safety
Mark Hickok, MS, CPSP, CFEI
Vice President, Safety and Regulatory
Milwaukee Electric Tool Corporation
Mark Hickok will provide a real world and practical approach for developing instructions and warnings. He will provide guidance of key areas for consideration while creating product materials, and how to integrate product safety into your business's product development processes and the product’s life cycle. The importance of a culture of safety at every step of the manufacturing process will be highlighted. The session will cover:
Integrating product safety into your product line
Warning and Instruction Development considerations
Practical considerations in the development of warnings and instructions
Having adequate and effective warnings and instructions is no easy task. This session will provide the keys to drafting communications to meet a company’s duty to warn. It’s a how-to course you won’t want to miss.
Session 6: From Intake to Verdict: Product Liability Cases From The Perspective of a Plaintiff’s Lawyer
Kevin Martin
Martin Law Offices SC
During this presentation, you will learn about how a plaintiff’s lawyer analyzes product liability cases from intake to verdict. Topics will include preserving the product after the index incident; spoilation; testing; whether to file suit in State or Federal court; who to sue; discovery; comparative fault; and mock juries. The presenter will draw from real-world experiences on each issue, which includes providing a factual background and application of legal principles.
His practice areas include medical malpractice, long term care negligence, general liability, products liability, and wrongful denial of insurance benefits.
Session 7: Considerations for Evaluating Warnings and Instructions
Jared Franz
Senior Consultant
Rimkus
Ann Arbor, Michigan
A manufacturer has more than the duty to warn; it must adequately warn with effective safety instructions and warnings. There are many ways in which safety information can be evaluated – how can you choose what works for you? Jared Frantz will present several evaluation methods and provide insights for what kinds of questions evaluation can help answer. Practical applications will be discussed through case studies.
Session 8: Corporate Messaging and Product Liability in the Age of Nuclear Verdicts
Emily Fisher
Trial Behavior Consulting
The number of “nuclear verdicts” (that is, jury awards over $10 million) have reached record highs in recent years. The increase in high damage numbers have been driven by societal shifts, aggressive plaintiff lawyer tactics, and corporate mistrust and are impacting insurers and businesses across numerous industries. These verdicts are becoming particularly more common in personal injury and product liability cases. Therefore, it is more important than ever for corporations to understand how to combat such claims. During this session, we will discuss in more detail the factors that have led to these changes and identify ways in which companies can protect themselves more effectively.
Course Schedule
Registration Date/Time:
6/8/2026 8:00am Central Time
Event Dates/Times:
- 6/8/2026 8:30am - 12:30pm Central Time
- 6/9/2026 8:30am - 12:30pm Central Time
- 6/10/2026 8:30am - 12:30pm Central Time
- 6/11/2026 8:30am - 12:30pm Central Time
Course Notes
This course is taught online using the Canvas and Zoom platforms.
A UW NetID is required to access the online course. Your registration confirmation email will walk you through the NetID process and how to access the Canvas course website.
Please watch the email address you provided during registration for instructional material release dates and pre-course information. Check your spam folder if you do not see your confirmation or UW (@wisc.edu) communication emails.
Instructors and Program Director
Instructors
Mark Hickok
vice president product safety and regulatory compliance
Mark Hickok CPSP, CFEI, is Vice President – Product Safety and Regulatory Compliance for Milwaukee Electric Tool Corporation. He brings over 30 years of product safety experience and has extensive background working in global new product development and leading product safety teams and activities. His work includes directing the development of warnings and instructions, performing hazard analysis reviews, ensuring compliance with a variety of domestic and international standards and regulations. He is the current Chair of the ANSI Z535.4 Subcommittee on Product Safety Signs and Labels, a delegate to the ANSI Z535 committee, a member of the Society of Product Safety Professional Board, and additionally serves as a representative to numerous trade associations and standards-making committees. Mr. Hickok holds a bachelor’s degree in Mechanical Engineering and a master’s degree in Engineering with a focus on ergonomics and biomechanics, both from Marquette.
Angela Lambert
Head of Standards Compliance
Angela Lambert has over two decades of experience in product safety, warnings, and liability. In her role at Clarion Safety, she collaborates with manufacturers – as well as industry partners and advocates – on labels, signs and markings that can help reduce risk and protect people. That includes having a keen understanding of visual safety communication standards, as well as safety label content/design, color systems and print production. From a standards perspective, Ms. Lambert is actively involved at the leadership level in the ANSI and ISO standards for product safety. She is chair of the ANSI Z535.1 subcommittee, leading the standard that focuses on colors used in visual safety communication. She is a member of the ANSI Z535.7 subcommittee, part of a small group of experts championed the development of this new standard, leading to its publication in late 2024. She is also a delegate representative to the ANSI Z535 committee, to the ISO/TC 145 SC2 WG 1 committee (responsible for the library of ISO 7010 registered symbols and the ISO 3864 set of standards), and to ISO/TC 283 (responsible for the ISO 45001 standard). Additionally, she is the liaison for ISO/TC 145 to ISO/TC 283
Ms. Lambert is also an expert speaker on product safety and visual safety communication at universities and associations across the country. In addition to designing and producing best practice labels and signs, Clarion Safety specializes in guiding its clients through a streamlined process to implement cutting-edge visual safety communication systems in line with today's leading safety standards. The company also provides complementary services for comprehensive machine safety, compliance, and risk reduction – in part through its affiliated business Machine Safety Specialists and Arrow Industrial Solutions. Clarion Safety is a member of the ANSI Z535 Committee for Safety Signs and Colors, the U.S. ANSI TAG to ISO/TC 145, and the U.S. ANSI TAG to ISO 45001.
Cal Burnton
Attorney
Cal Burnton is currently a program manager at the University of Wisconsin and before that represented manufacturers and insurance companies for decades. He has tried and won numerous complex toxic tort and product liability cases, earning a national reputation for his ability to coordinate, manage, and defend mass toxic tort and complex product liability cases with a special emphasis on high-risk matters involving novel legal, scientific, and environmental theories. His clients have included leading manufacturers and sellers of products such as chemicals, healthcare appliances, toys, medical devices, electrical equipment, firearms, printing presses, industrial machinery, and power tools. Mr. Burnton was a trusted counselor to his clients, advising them on issues regarding product liability, government regulations, product safety, and related matters. Throughout the years, he represented corporate clients in both federal and state courts in almost every state across the country.
Jared Frantz
Jared Frantz is a Senior Human Factors Consultant for Applied Safety and Ergonomics, A Rimkus Company. He is a Certified Human Factors Professional who specializes in human factors/ergonomics, warnings, and product and occupational safety. He has extensive experience developing and evaluating warnings and safety symbols for a wide variety of consumer and commercial products and is a member of the American National Standards Institute (ANSI) Z535.4 Subcommittee on Product Safety Signs and Labels and Z535.7 Subcommittee on Product Safety Information in Electronic Media.
Emily Fisher, M.A.
Emily P. Fisher has been active in jury research and trial consulting for almost 25 years, involved in pre-trial research, jury selection, and case strategy. With a strong and diverse background that focuses on the law, psychology, and research methodologies, she is highly proficient at designing and conducting research, analyzing both qualitative and quantitative data, and evaluating juror attitudes.
Emily has extensive experience designing and analyzing mock trials and focus group research, evaluating deliberations, debriefing jurors, assessing case themes, and providing key recommendations for trial strategy. She prepares witnesses for depositions. Emily is involved in all phases of the jury selection process, preparing juror profiles, drafting attorney and court voir dire questions, and selecting juries across the country. She has consulted on a broad range of case types, including antitrust, toxic tort, personal injury, wrongful death, medical malpractice, product liability, breach of contract, and employment discrimination.
Emily received a Bachelor’s degree in Psychology from Georgetown University and a Master’s degree in Forensic Psychology from John Jay College of Criminal Justice. She worked for almost ten years in the research department of an advertising agency, managing a global branding study and analyzing the data to evaluate consumer attitudes and inform brand strategies.Chris Harvey
Chris Harvey leads product and execution innovation within the product recall industry, leveraging technology, global best practices, and strategic partnerships to develop solutions that anticipate emerging market needs. As a recognized thought leader, Chris represents the organization across key industry forums, builds strong relationships with regulators and partners, and helps guide clients through complex and high-stakes events.
With more than 20 years of experience in recall and crisis management, Chris has led some of the most complex and high-profile cases in the industry—consistently delivering exceptional results and helping safeguard brand reputation. His mission is to help clients and partners navigate the challenges of product recalls and crises with confidence while protecting consumer trust and organizational integrity.
Chris also serves on the Board of Directors and Executive Committee for ICPHSO, where he currently holds the role of President-Elect.Kevin Martin
Attorney Kevin Martin graduated from Concordia University Wisconsin in 1998, cum laude, with a Bachelor of Science in Nursing and as a member of the Sigma Theta Tau International Nursing Honor Society. His nursing career was spent in the cardiovascular intensive care unit with cross coverage in neurosurgical intensive care, medical surgical intensive care and burns intensive care. He graduated from Marquette University Law School in 2003 with honors in Health Care Policy, Advanced Issues in Tort Law, Health Care Provider Liability, and Pretrial Practice. He is Dual Board Certified in Civil Trial Law and Civil Practice Advocacy, AV Rated by Martindale Hubbel, listed in the Best Lawyers in America, and is an invited member of the American Board of Trial Advocacy. For over 20 years, he has taught thousands of health care providers about legal issues in health care.Beth Popnikolov
CEO
Beth PopNikolov is the CEO of Venveo, a performance-focused creative agency specializing in building product companies and retailers, lumber dealers and distributors. After her time in Fortune 500 communications, Beth's passion for direct impact led her to the agency world in 2013. At Venveo, she leads a team of intentional experts who guide their clients to generate results and revenue from their marketing and sales. Beth and the Venveo team encourage companies to dream bigger and unlock their potential. They believe that marketing isn’t just about pitching products; it’s about solving problems. Beth enjoys the outdoors with her family and looks for any excuse to enjoy exceptional food and wine with exceptional people.Program Director
Susan Ottmann
Additional Information
CLE CREDIT AVAILABLE
The June 2025 course was approved 16.5 CLE hours.