ALAN H. SCHOEM

Professional Experience

January 1, 2012 – Present

The Law Office of Alan H. Schoem LLC

  • Provides legal advice and guidance on a variety of product safety issues concerning consumer products subject to statutes and regulations administered by the U.S. Consumer Product Safety Commission

 

September 2004 – December 2011

Senior Vice President, Marsh USA

  • Worked with companies to evaluate and establish procedures to minimize the potential for product recalls, to prepare for, implement and recover from product recalls and to understand and comply with statutory and regulatory requirements

 

October 1997 – September 2004

Director, Office of Compliance, U.S. Consumer Product Safety Commission

  • Effectively managed the Consumer Product Safety Commission’s compliance and administrative enforcement activities under all of the statutes administered by the Commission including initiating investigations of potentially defective or violative products and pursuing product recalls and penalties where appropriate
  • Provided advice and guidance to industry on complying with all statutes and laws administered by the Commission
  • Provided advice and guidance to CPSC Commissioners and staff on CPSC rules, regulations and ongoing enforcement activities
  • Worked with the U.S. Department of Justice on specific CPSC investigations involving violations of CPSC statutes and regulations

 

October 1996 – October 1997

Executive Assistant, Office of Compliance, U.S. Consumer Product Safety Commission

  • Responsible for implementing key programs of the Office of Compliance including product investigations and product recalls

 

1992-1993

LEGIS Fellow to Senator Paul Wellstone

  • Participated in legislative activities of Senator Wellstone including developing position papers and statements

 

October 1986 – October 1996

Director, Division of Administrative Litigation, Office of Compliance, U.S. Consumer Product Safety Commission

  • Successfully managed attorneys in the Office of Compliance in pursuing product recalls through administrative litigation and pursuing civil penalties for violations of CPSC rules and regulations
  • Successfully coordinated administrative and civil penalty activities with CPSC Compliance Officers and the CPSC General Counsel and staff

 

September 1979 – October 1986

Assistant General Counsel, Office of the General Counsel, U.S. Consumer Product Safety Commission

  • Successfully managed CPSC’s federal court enforcement activities in coordination with the U.S. Department of Justice
  • Successfully managed and implemented CPSC’s information disclosure activities and provided advice and guidance to the General Counsel, CPSC staff and Commission

 

June 1973 – September 1979

Attorney-Advisor, Office of the General Counsel, U.S. Consumer Product Safety Commission

  • Responsible for a variety of CPSC rulemaking and enforcement activities
  • Responsible for developing CPSC jurisdictional opinions
  • Responsible for working with the U.S. Department of Justice in defending in federal court CPSC activities

 

September 1972 – June 1973

Attorney Advisor, Office of the General Counsel, General Accounting Office

  • Responsible for analyzing legal issues in the area of procurement law and resolving challenges to awards of government contracts

 

Bar Membership

Maryland Bar 1973

DC Bar 1973

 

Education

J.D., 1972, The American University, Washington, D.C.

B.A., 1968, University of Maryland College Park, MD

 

Publications

The civil penalty conundrum Part 3 Transparency at CPSC 2017

CPSC and Civil Penalties.  2012 Product Safety & Recall Directory.

Canada Consumer Product Safety Act. The New Canada
Consumer Product Safety Act—Are You Prepared? Marsh Insights, 2011

“New Consumer Product Complaint Database Could Pose
Challenges For Consumer Product Stakeholders.” – Marsh White Paper, 2011

The CPSA’s Information Disclosure Rules-Myths v. Reality, 39 PSLR 145,
2/27/2011

Beware of Increased Civil Penalties for Consumer Product Violations – Are You
Vulnerable” Product Safety Letter, July 19, 2009

When is a CPSC Civil Penalty Settlement Not a Settlement? Product Safety
Letter, June 19, 2009

The Line on Lead Testing, How Much Testing is Too Much? (DeRagon and
Schoem), Playthings, April 1, 2009
 
“New U.S. Consumer Product Safety Legislation Focuses on
Lead and Children’s Products; Increases Civil Penalties 12-fold for Statutory and
Regulatory Violations.”  Marsh White Paper, 2008

New European Union Product Recall Rules and Regulations Follow U.S. Model;
Safety of European Consumers at the Core,” 33 PSLR 211, 2/21/2005

“Managing Product Recall and Defect Reporting with the
CPSC.”  Marsh White Paper, 2005

Preparing For and Conducting a Product Recall, 33 PSLR 107, 1/24/2005.

Harvard Business Review Case Study – When No News is Good News, 79 HBR
No. 4 at 39 (April 2001)

Select Presentations

International Consumer Product Health and Safety Organization (ICPHSO), March 2013

Panel Participant, ABA Law Day: Recalls Through Administrative Litigation: When Recalls are Not “Voluntary.”

 

International Consumer Product Health and Safety Organization ICPHSO), March, 2012

Panel participant: CPSIA, CCPSA and European – Assembly of your Technical Files and Documentation Requirements.

Panel Participant: Risk Management: True Risk vs. Myth

DRI’s Strictly Retail Seminar, Chicago, IL May 12, 2011

International Consumer Product Health and Safety Organization ICPHSO), February 23, 2011, “Product Recalls:  Are They Necessary?”  Orlando, FL 

The Compliance and Practical Solutions for Industry Approach to the Consumer Product Safety Improvement Act (The CPSIA to the CPSIA), DRI Las Vegas, NV April 2010

Association of Corporate Counsel, The Consumer Product Safety Improvement Act of 2008, October 19, 2009 Boston, MA

Product Safety: Understanding the ‘Made in China’ Brand, The Asia Society, April 28, 2008

DRI Children’s Products SLG, Update on Increasing Civil and Criminal Penalties For Failure to Report Product Hazards: A View From Both Sides, April 16, 2005, Los Angeles, CA

Memberships

D.C. Bar

Maryland Bar

American Bar Association

International Consumer Product Health and Safety Organization

ASTM