Experience

Food Liability Experience

Ken is a partner in the trial group and experienced in defending food-borne illness, mass tort, consumer fraud and class claims. He has also been successful repeatedly recovering multimillion-dollar sums from insurers and suppliers.

Ken has unique experience related to non-O157 E. coli and mad cow disease (BSE). He counsels clients of all sizes on issues related to recalls, insurance coverage, regulatory compliance, litigation prevention, crisis management, supplier agreements and product labeling. Ken is the founder of the nation's first legal blog targeted at the food industry – www.foodliabilitylaw.com – and a frequent lecturer at food conferences.

Ken has led Stoel's product liability initiative and also has deep experience in environmental, toxic tort, commercial, insurance and civil rights law. Ken is a trained mediator, the former Seattle hiring partner for Stoel, a charter member of Stoel's diversity initiative and a pro bono provider of legal services to the indigent.

In addition to his work on behalf of clients and the firm, Ken currently serves as a board member for both Food Alliance, the most comprehensive certification program for sustainably produced food in North America, and TeamChild, a unique organization that provides civil legal services to at-risk youth and foster children throughout Washington State. Before becoming an attorney, Ken was a teacher/counselor at a wilderness school in Pennsylvania for emotionally and socially disturbed adolescents.

Ken was an associate with Faulkner Banfield, Juneau, Alaska, 1996-1998; a clerk for the Second Judicial District of Alaska, 1995-1996; a deputy magistrate for the Alaska District Court, 1995-1996; and a clerk for the Honorable Jonathan H. Link, Superior Court at Kenai, Alaska, 1994-1995.

Representative Work

• Defended national restaurant chain against multiple seven-figure claims arising out of first ever food-borne outbreak involving new strain of E. coli. Obtained summary judgment against supplier of contaminated product, requiring supplier to defend and indemnify claims.
• Defended national supermarket chain against first and only consumer claims for alleged exposure to bovine spongiform encephalopathy (BSE or mad cow disease). After discovery and deposition of the plaintiffs, obtained summary judgment dismissing all claims.
• Advised national food manufacturer in complying with FDA regulations concerning BSE.
• Advised multiple national food manufacturers in responding to FDA concerns about patulin.
• Led a pro bono team that handled groundbreaking litigation over religious dietary requirements.
• Counseled clients on issues concerning food recalls and regulatory compliance related to food processing.
• Reviewed insurance, indemnification, client policies and other records with an aim of mitigating and shifting risk of food liability.
• Drafted supplier and vendor agreements with a focus on indemnity, warranty and insurance issues.
• Tracked and wrote on newly emerging consumer claims related to organic foods and to diacetyl exposure.

Professional Honors & Activities

• AV Peer Review Rated by Lexis-Nexis Martindale-Hubbell
• Certified Local Rule 39.1 Mediator
• Named a Rising Star by Washington Law & Politics Magazine
• Leadership Tomorrow, Class of 2002
• New York City Government Scholar
• Member, Food Liability Subcommittee, Section of Litigation, American Bar Association
• Member, Federal Bar Association Pro Bono Panel

Presentations

• Moderator, "In-House Counsel Think Tank: Best Practices on Managing Food-Borne Illness Litigation," American Conference Institute's Third National Food-Borne Illness Conference, Chicago, Illinois, Oct. 26-27, 2009
• "Consumer vs. Companies: Intersection of the Court System and Food Science," Lecture at the University of Minnesota's Department of Food Science, Sept. 30, 2009
• "Defending Liability in Food-Borne Illness Outbreaks," Third Governor's Conference on Ensuring Food Safety, Lincoln, Nebraska, May 6, 2009
• "Practical Advice for Litigating the Case, Retaining Experts, Assessing Damages and Planning a Trial Strategy," American Conference Institute's Second National Food-Borne Illness Conference, Scottsdale, Arizona, Dec. 4, 2008
• Panel Member, "Alternatives to the Billable Hour, The Billable Hour: An Examination of Compensation," Seattle University School of Law, Nov. 14, 2008
• Panel Member, "Identifying and Mitigating Supplement Liability Risks," Fourth Annual Nutritional Law Symposium, Thanksgiving Point Gardens, Utah, Sept. 12, 2008
• "Identifying and Mitigating Food Liability Risk," International Association of Refrigerated Warehouses North Pacific Chapter Spring Meeting, Semiahmoo Resort, Washington, May 8, 2008
• Moderator, multiple panels, "Who's Minding the Store? The Current State of Food Safety and How It Can Be Improved," Seattle University Law School, Apr. 11-12, 2008
• "Expert Testimony in Your Food Liability Case," American Conference Institute's First National Food-Borne Illness Conference, Scottsdale, Arizona, Feb. 28, 2008
• "Popeye Is Annoyed: 'Where Did All My Spinach Go?'" American Bar Association's Hot Topics in Food Law Teleconference, Oct. 17, 2007

Publications

• Washington and Alaska chapters, 50-State Survey on Consumer Class Action Law, American Bar Association, 2009
• Founder and principal author, www.foodliabilitylaw.com, the nation's first legal blog oriented to the food industry
• "Foodborne Illnesses and Practical Protections," Cooperative Grocer Magazine, Jan.-Feb. 2008

Education

• Cornell Law School, J.D., 1994, cum laude
• University of Rochester, B.S., 1989, cum laude
• National Institute for Trial Advocacy (NITA), Trial and Deposition Training Programs

Admissions

• Washington
• Alaska
• Colorado
• New York
• U.S. District Courts for the Eastern and Western Districts of Washington and the District of Alaska
• U.S. Court of Appeals for the Ninth Circuit

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Law Practice

Ken Odza is an experienced environmental litigator. He assists institutional clients obtain favorable results in environmental cost recovery actions under the Model Toxics Control Act (MTCA) and Comprehensive Environmental Response, Compensation and Liability Act (CERCLA). Ken also has experience with litigation under the Washington Clean Air Act.

Ken has defended and prosecuted a wide range of complex toxic tort, environmental, products liability, commercial and civil rights cases. Though he is an aggressive litigator, his clients benefit from his style of building relationships and credibility with other parties and the court.

Ken is very involved in Pacific Northwest communities. He is currently a board member of Food Alliance, a nonprofit organization that has the most comprehensive certification program for sustainable produced food in North America. Ken also has an active pro bono practice and has represented children seeking access to appropriate public education, institutionalized persons seeking access to a religious diet and victims of police abuse. He is a board member and former president of TeamChild, a statewide organization in Washington that provides civil legal services to children in need.

Before becoming an attorney, Ken was a teacher and counselor at a wilderness school in Pennsylvania for emotionally and socially disturbed adolescents.

Ken has previously served as the hiring partner for the Seattle office. He was a founding member of the firm's diversity initiative. Ken remains active at Stoel Rives in the hiring and promotion of lawyers from diverse backgrounds.

Ken was an associate with Faulkner Banfield in Juneau, Alaska, 1996-1998, a clerk for the Second Judicial District of Alaska, 1995-1996, a deputy magistrate for the Alaska District Court, 1995-1996, and a clerk for the Honorable Jonathan H. Link of the Kenai, Alaska Superior Court, 1994-1995.

Representative Work

• Prosecuted and defended environmental cost recovery claims related to a site in the Lower Duwamish Waterway Superfund Site under MTCA and CERCLA on behalf of a large institutional client against multiple entities, including a large electrical utility, responsible for PCB contamination.
• Defended consortium of electrical utilities against citizen suit challenging compliance with Washington Clean Air Act, which requires all existing sources of air pollutants in the state to control their emissions by using "reasonably available control technology."
• Successfully litigated against insurer and recovered disputed environmental cleanup costs in the Hylebos Waterway on behalf of Pacific Northwest ship builder.
• Represented concrete manufacturer in its response to claims under MTCA and CERCLA in the Thea Foss Waterway.
• Assisted institutional client in its response to fines asserted by Washington Department of Ecology for oil discharges to Puget Sound.

Professional Honors & Activities

• AV Peer Rated by Lexis-Nexis Martindale-Hubbell
• Certified Local Rule 39.1 Mediator
• Named a Rising Star by Washington Law & Politics Magazine
• Leadership Tomorrow, Class of 2002
• New York City government scholar
• Food liability law blog available at www.foodliabilitylaw.com
• Member, Food Liability Subcommittee, Section of Litigation, American Bar Association
• Member, Federal Bar Association Pro Bono Panel

Jurisdictions

• Washington
• Alaska
• Colorado
• New York
• U.S. District Courts for the Eastern and Western Districts of Washington and the District of Alaska
• U.S. Court of Appeals for the Ninth Circuit

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Law Practice

Mediation Experience

Ken Odza has approximately 15 years of experience litigating complex environmental and toxic tort claims and is available to serve as a mediator for claims under the Model Toxics Control Act (MTCA), Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), Washington Clean Air Act and other environmental laws. Ken focuses on difficult disputes involving a multitude of parties and insurers. He has been involved in numerous mediations frequently involving many parties and tens of millions of dollars in dispute.

Ken is certified as a mediator under Local Rule 39.1 in the Western District of Washington. As a mediator for complex, multiparty litigation, Ken believes it is necessary to work hard in advance of the mediation to understand the barriers to settlement. Ken believes that the successful mediator must:

1. Have the ability to quickly grasp complex issues impeding settlement;
2. Not be afraid to confront parties with difficult questions, yet understand how to find commonality among interests; and
3. Possess good relationship-building skills and be creative.

Ken has previously served as the hiring partner for the Seattle office. He was a founding member of the firm's diversity initiative. Ken remains active at Stoel Rives in the hiring and promotion of lawyers from diverse backgrounds.

Ken is very involved in the Pacific Northwest communities. He is currently a board member of Food Alliance, a nonprofit organization that has the most comprehensive certification program for sustainably produced food in North America. He has an active pro bono practice. Ken has represented children seeking access to an appropriate public education, institutionalized persons seeking access to a religious diet and victims of police abuse. He is a board member and immediate past president of TeamChild, a statewide organization in Washington that provides civil legal services to children in need. Before becoming an attorney, Ken was a teacher/counselor at a wilderness school in Pennsylvania for emotionally and socially disturbed adolescents.

Ken was an associate for Faulkner Banfield in Juneau, Alaska, 1996-1998, a clerk for the Second Judicial District of Alaska, 1995-1996, a deputy magistrate for the Alaska District Court, 1995-1996, and a clerk for the Honorable Jonathan H. Link in the Kenai, Alaska Superior Court, 1994-1995.

Jurisdictions

• Washington
• Alaska
• Colorado
• New York
• U.S. District Courts for the Eastern and Western Districts of Washington and the District of Alaska
• U.S. Court of Appeals for the Ninth Circuit

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Law Practice

Insurance Recovery Experience

Ken is an experienced litigator who assists his clients in recovering against their insurers and has obtained multimillion-dollar settlements and judgments. He also has been successful recovering under insurance policies issued to others where his client was named as an additional insured, is a corporate successor to an insured or otherwise can assert that it is an insured.

Ken has defended and prosecuted a wide range of complex toxic tort, products liability, commercial, environmental and civil rights cases. He has led Stoel's firmwide products liability initiative.

He works with each of his clients to develop a litigation strategy tailored to the client's goals. Though he is an aggressive litigator, his clients benefit from his style of building relationships and credibility with other parties and the court.

He is the founder and principal author of the nation's first legal blog targeted at the food industry – www.foodliabilitylaw.com. He is a frequent lecturer at food industry and food law conferences. Reaching across the aisle, he is, along with Bill Marler, the co-organizer of the biennial conference, "Who's Minding the Store? The Current State of Food Safety and How It Can Be Improved." Ken also is a board member of Food Alliance, a nonprofit organization that operates the most comprehensive certification program for sustainably produced food in North America.

Previously, Ken has served as the hiring partner for the Seattle office. He was a founding member of the firm's diversity initiative and remains active in the hiring and promotion of lawyers from diverse backgrounds.

Ken is very involved in Pacific Northwest communities and has an active pro bono practice. He has represented children seeking access to an appropriate public education, institutionalized persons seeking access to a religious diet and victims of police abuse. He is a board member and immediate past president of TeamChild, a statewide organization in Washington that provides civil legal services to children in need. Before becoming an attorney, Ken was a teacher and counselor at a wilderness school in Pennsylvania for emotionally and socially disturbed adolescents.

Before joining Stoel Rives, Ken was an associate at Faulkner Banfield in Juneau, 1996-1998; a clerk for the Second Judicial District of Alaska, 1995-1996; a deputy magistrate for Alaska District Court, 1995-1996; and a clerk for the Honorable Jonathan H. Link, Superior Court, at Kenai, Alaska, 1994-1995.

Representative Work

• Recovered multimillion-dollar judgment against health insurer on behalf of educational institution.
• Obtained indemnity from corporate predecessor's insurer for claims of wrongful death of sawmill worker attributed to equipment line purchased from predecessor.
• Obtained summary judgment against food supplier who was contractually obligated to provide additional insurance to client restaurant chain and failed to name client as additional insured.
• Assisted educational institution in recovering property damage claims arising out of a school fire.
• Drafted supplier and vendor agreements with a focus on indemnity, warranty and insurance issues.

Professional Honors & Activities

• AV Peer Review Rated by Lexis-Nexis Martindale-Hubbell
• Certified Local Rule 39.1 Mediator
• Named a "Rising Star" by Washington & Politics Magazine
• Leadership Tomorrow, Class of 2002
• New York City Government Scholar
• Member, Food and Supplementsy Subcommittee, Committee on Products Liability Litigation, Section of Litigation, American Bar Association
• Member, Federal Bar Association Pro Bono Panel

Presentations

• "Defending Liability in Food-borne Illness Outbreaks," Third Governor's Conference on Ensuring Food Safety, Lincoln, Nebraska, May 6, 2009
• "Practical Advice for Litigating the Case, Retaining Experts, Assessing Damages and Planning a Trial Strategy," American Conference Institute's Second National Food-Borne Illness Conference, Scottsdale, Arizona, Dec. 4, 2008
• Panel Member, "Alternatives to the Billable Hour, The Billable Hour: An Examination of Compensation," Seattle University School of Law, Nov. 14, 2008
• Panel Member, "Identifying and Mitigating Supplement Liability Risks," Fourth Annual Nutritional Law Symposium, Thanksgiving Point Gardens, Utah, Sept. 12, 2008
• "Identifying and Mitigating Food Liability Risk," International Association of Refrigerated Warehouses North Pacific Chapter Spring Meeting, Semiahmoo Resort, Washington, May 8, 2008
• Moderator, Multiple Panels, "Who's Minding the Store? The Current State of Food Safety and How It Can Be Improved," Seattle University Law School, Apr. 11-12, 2008
• "Expert Testimony in Your Food Liability Case," American Conference Institute's First National Food-Borne Illness Conference, Scottsdale, Arizona, Feb. 28, 2008
• "Popeye Is Annoyed: 'Where Did All My Spinach Go?'" American Bar Association's Hot Topics in Food Law Teleconference, Oct. 17, 2007

Articles

• Founder and principal author, www.foodliabilitylaw.com, the nation's first legal blog focused on the food industry
• "Food-borne Illnesses and Practical Protections," Cooperative Grocer Magazine, Jan.-Feb. 2008

Jurisdictions

• Washington
• Alaska
• Colorado
• New York
• U.S. District Courts for the Eastern and Western Districts of Washington and the District of Alaska
• U.S. Court of Appeals for the Ninth Circuit

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