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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.

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 known as the Software Precertification Program, is meant to encourage the development of health and medical software, including potentially software using artificial intelligence.

As currently envisioned, the Precertification Program creates a voluntary, organization-based approach to FDA review of digital health software. FDA will pre-certify organizations as having a “culture of quality” based on FDA’s review of the software developer’s R&D and monitoring systems. Under the working model, pre-certified organizations could submit less information in premarket submissions to FDA than currently required or may qualify for an exemption from premarket review by FDA.
Continue Reading AI Update: Medical Software and Preemption

Algorithms define online shopping, allowing for individualized product recommendations driven by customer data. To date, this technology has spurred little litigation. Few if any courts have explicitly ruled on responsibilities related to AI-driven product recommendation software.

Still, developers should be aware of potential legal risks from this novel technology. For example: What happens if AI recommends a product to a shopper and the product injures the shopper because of a defect? Can the shopper bring a product liability claim — such as for strict liability or negligence — against the algorithm’s developer? Although there is limited precedent on this issue, the risk appears limited.
Continue Reading Covington AI/IoT Update: Product Liability Risks for AI-Facilitated Shopping