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Mr. Durkin is a principal at Olsson Frank Weeda Terman Bode Matz PC. He has been with the firm since 1988. Mr. Durkin's practice is concentrated in federal civil and criminal litigation and administrative proceedings, including court challenges to FDA, USDA, and DEA regulatory and enforcement initiatives, and ITC proceedings. Mr. Durkin has assisted individual clients and conducted seminars on the handling of product recalls under FDA’s jurisdiction, with special emphasis on the recall of perishable products and FDA’s recently revised authority under the Food Safety Modernization Act, Pub. L. 111-353, 124 STAT. 3885 (Jan. 4, 2011).
Mr. Durkin has addressed groups in North and South America, as well as the European Union, on trade and federal regulatory matters, including negotiation of the Free Trade Area of the Americas (FTAA) Agreement, dispute resolution before the World Trade Organization (WTO), country-of-origin issues, fair trade in perishable agricultural commodities, and regulation of human tissue for transplant. He has also spoken to international audiences on other trade matters, including food safety equivalency for manufacturers and processors, with special emphasis on fresh produce and seafood. Mr. Durkin has also written several manuals for specialized segments of the food industries regarding FDA inspections and recalls.
Prior to joining the firm, Mr. Durkin served a two-year appointment as Law Clerk to the Honorable Jaime Pieras, Jr., United States District Judge for the District of Puerto Rico. He received his law degree from the Catholic University of America in 1986, where he was the Publication Editor of the Law Review. He received his bachelor's degree in Philosophy from John Carroll University, Cleveland, Ohio, in 1981.
Areas of Practice:
Food, Drug, and Medical Device Law
Litigation
Agriculture Law
Special Agencies:
Food and Drug Administration
Drug Enforcement Administration
U.S. Department of Agriculture
U.S. Patent and Trademark Office
International Trade Commission
Animal and Plant Health Inspection Service
Bar Admissions:
New York, 1988
District of Columbia, 1990
Education:
Catholic University of America, Columbus School of Law, Washington, District of Columbia, 1986 Juris Doctor
John Carroll University, Cleveland, Ohio, 1981 Bachelor of Arts
Published Works:
Mr. Durkin has published the following:
"Employment at Will in the Unionized Setting," 34 Catholic University Law Review 943, 1985
Mr. Durkin was the primary author of:
"Food Safety Initiative: Vender Qualification Program," Food Distributors International and Food Marketing Institute, 1999
"HACCP: Guidelines for Food Distributors," Food Distributors International,1996
Representative Cases:
United Egg Producers v. Davila, 871 F.Supp. 106 (D.P.R. 1994), aff'd, 77 F.3d 567 (1st Cir. 1996)
Texas Food Industry Ass'n v. U.S. Department of Agriculture, 842 F. Supp. 254 (W.D. Tex. 1993), aff'd, 81 F.3d 578 (5th Cir. 1996)
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