For many years, Mr. Kelleher has represented businesses based in the United States and abroad in matters involving product safety and product liability.

He has appeared in federal and state courts throughout the country defending clients from product liability and toxic tort claims, including claims involving a cruise ship lift, a maritime crane, industrial conveyors, a hydraulic lift, railway track equipment, an over-under shotgun, and a broad range of equipment used in the pulp, paper, and packaging industries.

David has counseled clients on product safety issues involving product design and hazard analysis review procedures, pre-sale and post-sale product warnings, product recalls and repairs, the development of safety manuals and instructions, proper recordkeeping practices, and accident investigations. He has conducted training seminars for clients in Canada, Finland, Sweden, and the United States.

Beyond product safety, David has represented clients in government enforcement investigations and actions, including most recently matters involving Federal Aviation Administration hazardous materials regulations and Occupational Safety and Health Administration workplace regulations.

His experience also includes constitutional litigation involving the First Amendment. David was lead counsel for manufacturers and distributors of video games in the seminal case extending First Amendment protection to video games depicting violent expression. He also represented producers and distributors of motion pictures in their successful First Amendment challenge to restrictions on access to motion pictures containing depictions of violence. At the American Bar Association 2001 Annual Meeting, David was a panelist on “Media Violence — Its Impact and Aftermath: Is Anyone Liable.”

David is a native of Boston with an appreciation for historic cities, an inherited loyalty to the Red Sox, and a developed passion for the Patriots.

Mr. Kelleher’s legal career includes representation of a variety of clients and matters, including those listed below:

  • A leading international supplier of technology, systems, and equipment to the pulp and paper industries in scores of risk management and product liability matters for more than 25 years.
  • Clients in government enforcement investigations and actions, including matters involving the Federal Aviation Administration’s Hazardous Materials Regulations and Occupational Safety and Health Administration’s Lock-Out/Tag-Out Regulations.
  • An Austrian-based supplier of railroad track maintenance and construction equipment in defense of a multi-jurisdiction product liability claim. Eggleton v. Plasser & Theurer Export Von Bahnbaumaschinen Gesellschaft, 495 F.3d 582 (8th Cir. 2007).
  • Latin American investors in international arbitrations and federal court litigation arising from a Brazilian corporation shareholder dispute.
  • Businesses and trade associations in a First Amendment challenge to a City of Indianapolis law restricting the display and sale of video games depicting violence. American Amusement Machine Assn. v. Kendrick, 244 F.3d 572 (7th Cir. 2001), cert. denied 534 U.S. 994 (2001).
  • Businesses and trade associations in a First Amendment challenge to a Missouri statute restricting the display and sale of videocassettes and videotapes depicting violence. Video Software Dealers Assn. v. Webster, 968 F.2d 684 (8th Cir. 1992).
  • Multiple non-profit membership associations as amici curiae to the U.S. Supreme Court in support of the retroactive application of the Civil Rights Act of 1991. Rivers v. Roadway Express, 511 U.S. 298 (1994).
  • A plaintiff-class of African American employees of the Library of Congress in a multi-year Title VII challenge to racially discriminatory promotion practices. Cook v. Billington, 82-0400, U.S. District Court, District of Columbia.
  • January 2022
    The COVID-19 Vaccination – Testing Mandate Is Not Completely Dead
      On January 13, 2022, the Supreme Court prohibited OSHA’s enforcement of its nationwide emergency vaccination and testing standard declaring the scope of the regulation beyond OSHA’s statutory authority. On January 25, OSHA conceded the point and withdrew the standard. But even as OSHA withdrew the standard, OSHA made clear that employers are not relieved of their obligation to protect employees from the risks of ... Read More
  • January 2022
    Now is the Time to Prepare for OSHA’s Enforcement of the Emergency Temporary Standard on COVID-19 Vaccination and Testing
    On January 7, 2022, the Supreme Court heard argument on requests to stay enforcement of OSHA’s Vaccination, Testing and Face Coverings Standard, a workplace safety standard adopted to deter the spread of COVID-19. OSHA previously announced that enforcement of the non-testing requirements would begin as soon as January 10, 2022, with enforcement of the testing requirements delayed until February 9, 2022. Unless ... Read More
  • June 2020
    Face Coverings in the Workplace: 5 Lessons You Need to Know
    As more businesses reopen and workers – many wearing face masks – return to in-person interactions with co-workers, customers and clients, here are five things that every worker should know about face masks in the workplace. What are the different types of face coverings and masks? Generally, there are three categories of face coverings and masks: cloth face coverings, surgical masks, ... Read More
  • May 2020
    Client Alert: OSHA Changes Guidance for Reporting Cases of Coronavirus (COVID-19) in the Workplace
    On May 19, the Occupational Safety and Health Administration announced changes to its previously issued guidance on reporting COVID-19 in the workplace, effectively reversing its six-week old policy which allowed a lesser standard of inquiry for employers outside the health care industry, emergency response organizations and correctional institutions. OSHA’s new guidance demands that all employers conduct investigations of all COVID-19 ... Read More
  • May 2020
    Client Alert: OSHA Issues Guidance for Reporting Cases of Coronavirus (COVID-19) in the Workplace
    Please Read: As of May 26, 2020, OSHA's revised enforcement guidance is in effect and the below information may be outdated. Please see Mr. Kelleher's detailed analysis of what has changed in the new guidance here. The Occupational Safety and Health Administration recently confirmed that COVID-19 in the workplace is a recordable illness and must be reported to the government ... Read More
  • April 2020
    OSHA Issues General and Industry-Specific Guidance For Operating During the COVID-19 Public Health Emergency
    As businesses look to adapt their workplaces to provide for safer operation during this public health emergency, the Occupational Safety and Health Administration has released industry-specific guidance to help the construction, manufacturing, package delivery, and retail industries protect their workers and customers from the spread of coronavirus (COVID-19). The guidance builds on OSHA’s previously issued 10 Steps All Workplaces Can ... Read More
  • April 2020
    Client Alert: OSHA to Consider Employer Good Faith when Non-Compliance Results from COVID-19 (Coronavirus) or Restrictions Relating to COVID-19
    On April 16, in a memorandum entitled Discretion in Enforcement when Considering an Employer's Good Faith Efforts During the Coronavirus Disease 2019 (COVID-19) Pandemic, the Occupational Safety and Health Administration acknowledged that COVID-19 and the workplace restrictions imposed in response to the virus may present significant difficulties for employer compliance with OSHA standards. Accordingly, OSHA outlined when during this coronavirus ... Read More
  • April 2020
    Client Alert: New CDC Guidance for Essential Employees Exposed to COVID-19
    In an effort to ensure the continuity of essential operations while maintaining a safe work environment, the Centers for Disease Control issued guidance for when critical infrastructure employees may be permitted to work following a potential exposure to COVID-19. A potential exposure means household contact or non-household contact of six feet or less with a person with confirmed or suspected COVID-19, ... Read More
  • April 2020
    Client Alert: OSHA Guidance on COVID-19 in the Workplace
    As businesses deemed essential continue to operate during the coronavirus outbreak and other businesses make plans to reopen when conditions allow, it is important for employers to keep in mind the Occupational Safety and Health Administration’s recently issued Guidance on Preparing Workplaces for COVID-19, available here or at www.osha.gov. The guidance is not a standard or regulation. It creates ... Read More