Alston & Bird Faces Malpractice Suit Over Sanitizing Wipe Advice

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Alston & Bird LLP caused more than $1 million in damages by providing deficient legal advice on how to properly label hand-sanitizing wipes, according to a company’s legal malpractice action filed in federal court in Ohio.

Mark One Wipes LLC says it retained Alston attorneys to help with labeling, but that their advice caused U.S. Customs and Border Protection to reject the wipes for import into the U.S. Thousands of packets of the products couldn’t be imported and were considered a new and unapproved drug by the Food and Drug Administration, according to the complaint.

“This left Mark One Wipes unable to recover its financial outlays related to the production of the wipes, including, but not limited to, its manufacturing costs, shipping costs, storage costs, and other related costs,” Mark One said in the suit filed Feb. 15.

Mark One said it had to buy replacement wipes on the market, and that its profits were a fraction of what they would have been otherwise.

The suit was filed in the U.S. District Court for the Northern District of Ohio.

Causes of Action: Legal malpractice claim under Ohio law.

Relief: Damages; reasonable attorneys’ fees and costs.

Response: Alston & Bird didn’t immediately respond to Bloomberg Law’s request for comments on Thursday.

Attorneys: Mark One is represented by Spangenberg, Shibley & Liber LLP.

The case is Mark One Wipes LLC v. Alston & Bird LLP, N.D. Ohio, No. 3:22-cv-00258, 2/15/22.



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