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Capricci Barush  


Associate

capricci.barush@dlapiper.com

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1251 Avenue of the Americas
New York, New York 10020-1104
United States
T: +1 212 335 4638   F: +1 212 884 8538

Capricci Barush focuses her practice in the areas of FDA and pharmaceutical/pharmacovigilance regulatory concerns, healthcare and privacy law, medical device, mass torts, product liability and commercial and white-collar litigation. Ms. Barush has extensive experience in state and federal litigation, including multi-district litigation and management of national and international electronic discovery. Ms. Barush has represented several Fortune 100 clients, including several of the largest pharmaceutical and device manufacturers. Representative matters include:

  • Representation of a medical device manufacturer before the FDA for potential liability under the Biomaterials Access Assurance Act
  • Representation of a medical billing software company in breach of contract action
  • Representation of a healthcare provider in state and federal fraud investigations
  • Representation of a healthcare provider in privacy and HIPAA-related investigations before the OIG
  • Representation of an automotive manufacturer in various product liablity and tort actions, securing dismissals under federal preemption statutes
  • Representation of an individual in SEC civil enforcement actions
  • Representation of a leading logistics and distribution company in various tort and contract actions
  • Representation of a leading laboratory in commercial litigation and contracts dispute
  • Representation of pharmaceutical companies in product liability and mass tort litigation

Prior to Ms. Barush's legal career, she was an adult, pediatric and neonatal cardiac/transplant surgery nurse at several of the country's premier hospitals, allowing Ms. Barush a focused understanding of the needs of her clients.

Ms. Barush is also active in the pro bono field, particularly in the representation of abused women under the Violence Against Women Act; the representation of parents whose children were wrongfully abducted, under the Hague Convention on the Civil Aspects of International Child Abduction; and constitutional claims, including the submission of amicus briefs to the US Supreme Court on behalf of The Innocence Network in In re James Roane, Jr. and the Seattle School District Litig., on behalf of Rep. Jim McDermott and others.

Admissions

  • California
  • New Jersey
  • New York
  • Supreme Court of the United States
  • United States District Court for the District of New Jersey
  • United States District Court for the Southern District of New York
  • United States District Court for the Western District of New York

Memberships

  • Defense Research Institute
  • American Bar Association
  • Association of the Bar of the City of New York

Publications

  • Author, Bruesewitz: SCOTUS Vindicates Vaccine Manufacturers, DRI Today (Feb. 2011)
  • Co-author, "Wyeth v. Levine: A Strike against Preemption," Young Lawyer Committee Newsletter - The Whisper (April 2009)
  • Contributor, Expert Witnesses: Products Liability Cases, 2009-2010 ed.

Seminars

  • Speaker, "Auto Products Liability Litigation – The Role of Expert: From Case Onset to Trial," WestLegalEd Center (November 2011)


EDUCATION

  • J.D., Southwestern University School of Law 2003
    Robert Wagner National Labor & Employment Moot Court Competition
  • B.S., Nursing, Silliman University 1996 cum laude
    Regional and National Outstanding Academic Awards

EDUCATION

  • J.D., Southwestern University School of Law 2003
    Robert Wagner National Labor & Employment Moot Court Competition
  • B.S., Nursing, Silliman University 1996 cum laude
    Regional and National Outstanding Academic Awards

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