Jay Thompson

Jay Thompson serves the outdoor industry and consumer product manufacturers in the areas of consumer product safety counseling, regulatory compliance, and product liability litigation. He works closely with all consumer product manufacturers, including those in the outdoor industry who produce products designed to help people get outdoors, whether it be hiking, camping, cycling, skiing, fishing,... hunting, off-road/powersports, shooting sports, kayaking, diving, running, or other outdoor activities. He also represents businesses in business and commercial litigation and premises liability litigation.

Jay is a member of the firm’s Consumer Product Safety, Risk Prevention & Regulatory Compliance Practice Group and Litigation Group. In the area of consumer product safety, Jay advises product manufacturers, importers, and sellers in all aspects of consumer product safety regulation and compliance, including compliance plans, evaluating field data, root cause investigations, reporting responsibilities under the CPSA and CPSIA, managing recalls, civil penalty investigations, FOIA requests to the CPSC, and responding to complaints posted on the SaferProducts.gov website. He also advises regarding FTC regulatory compliance issues and product warranties. He defends manufacturers, importers, and sellers in product liability lawsuits involving recalled products and non-recalled products. He advises and defends clients regarding all types of consumer products, specifically including off-road vehicles, outdoor power equipment, and outdoor recreational products.

Jay also practices in the area of Constitutional and First Amendment litigation and counseling. He has a wide range of experience involving freedom of speech, expression, and assembly, the interplay of the Free Exercise and Establishment Clauses, and other Constitutional issues. He has represented a South Carolina state agency in litigation and serves as First Amendment counsel for a major NCAA Division I public university. He has prepared and submitted amicus briefs involving numerous Constitutional and First Amendment issues in high-profile cases before the United States Supreme Court, the United States Courts of Appeals for the Fourth and Tenth Circuits, the United States District Court for the District of South Carolina, and the Supreme Court of Illinois.

Jay is committed to pro bono service and received the Claude M. Scarborough, Jr. Pro Bono Award in 2010.

Jay is admitted to all state and federal courts in the state of South Carolina, the Fourth Circuit Court of Appeals, and the United States Supreme Court.

Experience

Following is a selected sampling of matters and is provided for informational purposes only. Past success does not indicate the likelihood of success in any future matter.

Education

• University of South Carolina School of Law, JD (2006)
  
  • Recipient, Victor A. Michalewitz Award for Excellence in Legal Writing
  • Recipient, G.G. Dowling Student Award for exemplifying the qualities and integrity, concern for others and demonstration of scholarship achievement
  • Member, South Carolina Law Review
  • Vice Chairperson, Honor Council
  • Student Member, John Belton O’Neall Inn of Court
• Furman University, BS, Computer Science and Computer Science/Mathematics (2001)
  
  • Furman Scholar
  • Omicron Delta Kappa
  • Furman Hall of Leaders 

Admissions

• South Carolina
• District of Columbia
• Supreme Court of the United States
• U.S. Court of Appeals for the Fourth Circuit
• U.S. District Court for the District of South Carolina

Practice Areas

• Consumer Product Safety, Risk Prevention & Regulatory Compliance
• Products Liability - Consumer & Mechanical
• Commercial Litigation & Business Torts
• Premises Liability
• Transportation

Industries

• Consumer Products & Retail
• Manufacturing
• Insurance
• Sports & Entertainment
• Transportation