Loren Brown is a co-chair of DLA Piper's Product Liability and Mass Tort practice. He has an extensive civil litigation practice with a particular concentration in the pharmaceutical and mass tort areas. Mr. Brown has served as national coordinating counsel, tried jury cases, and argued appeals on behalf of many Fortune 50 companies. He currently acts as national coordinating counsel and lead trial counsel in mass tort and multi-district litigation throughout the US, including litigation involving the Cox 2 anti-inflammatory medications Celebrex and Bextra, the smoking cessation medication Chantix and the hormone therapy medications Prempro and Premarin. He also regularly counsels clients on a wide range of risk management, due diligence, regulatory, product labeling, recall and public disclosure issues.

Mr. Brown's business litigation practice includes substantial consumer class action, securities, commercial tort and contract, and intellectual property litigation experience. He also has experience in a range of internal compliance and investigation matters, particularly in the biopharmaceutical and clinical research areas.

Chambers USA: America's Leading Lawyers for Business recognizes Mr. Brown as a national leader in the product liability and pharmaceutical litigation areas. In 2011, Chambers quoted a client stating, "There is usually a difference between the attorneys who try cases and those who shape the law. There are a few who do both. Loren is one of them."

Legal 500 also recognizes Mr. Brown as "outstanding" in the mass tort and pharmaceutical litigation areas and has called him a "highly regarded life sciences expert" and a seasoned litigator "whose expertise clients value highly." In 2007, American Lawyer magazine named Mr. Brown to its "Fab Fifty" list of the 50 rising litigators in the US younger than 45. In 2008, he was honored by Pfizer with its first-ever Lawyer of the Year award, in recognition of his litigation and counseling roles for that client. Mr. Brown also is named a New York Super Lawyer in the area of civil litigation and is listed in Euromoney's Guide to the World's Leading Product Liability Lawyers.

Mr. Brown also regularly speaks and writes on the subjects of evidence, science in the courtroom, products liability and mass tort litigation, and civil trial practice.

Most recently, Mr. Brown co-authored the book, Expert Witnesses: Products Liability Cases (West 2009), which is an in-depth guide to expert witness development in all types of product liability and mass tort matters, including pharmaceutical and medical devices, toxic torts, automotive, industrial and heavy equipment, and children's and consumer products. In addition, he recently co-authored the article, "Sacking the Monday Morning Quarterback: Tackling Hindsight Bias in Failure-to-Warn Cases," For the Defense (Oct. 2010), which the Defense Research Institute (DRI) selected to receive its G. Duffield Smith Outstanding Publication Award. The award honors DRI's most outstanding defense-related article in 2010.

Representative Engagements

• Lead counsel for a major pharmaceutical company in Daubert proceedings involving claims that popular hormone therapy medications cause breast cancer
• Trial counsel for a major pharmaceutical company in a product liability trial involving a popular hormone therapy medication
• Representation of a major pharmaceutical company in securities class action involving disclosures related to popular anti-inflammatory medications
• Representation of a major pharmaceutical company in shareholder derivative action involving losses associated with alleged off-label promotion of various prescription medications
• Representation of major pharmaceutical company in a consumer class action involving marketing, promotion and sale of 12 prescription medications
• National coordinating counsel, MDL liaison counsel and lead trial counsel for a leading pharmaceutical manufacturer in defense of nationwide litigation involving popular Cox-2 anti-inflammatory medications. Secured a recent Daubert ruling that CNNMoney.com called "one of the most important 'gate-keeping' rulings ever rendered in a mass-tort case"
• National counsel for a leading pharmaceutical manufacturer in defense of claims involving the popular medication Chantix
• Representation of a leading health care manufacturer in defense of multi-district litigation involving contrast agents used for MRI and other imaging procedures
• National counsel for a leading pharmaceutical manufacturer in commercial and tort claims arising out of worldwide clinical research and development program
• National coordinating counsel for the welding wire subsidiary of a major steel manufacturer in defense of nationwide welding fumes mass tort litigation
• Counsel for the global research and development division of a major pharmaceutical manufacturer. Regularly asked to provide advice related to a broad range of risk management, litigation avoidance, product recall, transactional, venture capital, regulatory, public communication and labeling issues
• Lead trial counsel for a leading pharmaceutical manufacturer in defense of commercial tort and contract action arising out of the acquisition of a biotechnology company
• Lead counsel for a leading pharmaceutical manufacturer in connection with the termination of a worldwide clinical development program involving Phase III cardiovascular compound
• Lead counsel for a major pharmaceutical manufacturer in connection with compliance investigations arising out of the manufacturer's clinical research and development program
• Representation of a leading pharmaceutical manufacturer in connection with investigations arising out of the manufacturer's marketing and promotion of various medications
• Representation of a leading pharmaceutical manufacturer in defense of commercial trade secret matter involving the alleged theft of research compounds
• Representation of a leading pharmaceutical manufacturer in product liability claims involving a popular prescription antibiotic medication
• Lead trial and appellate counsel for a major domestic automotive manufacturer in a wide range of product liability matters. Includes leading New York federal and state court decisions excluding expert testimony under Daubert and related state common law principles
• Lead trial and appellate counsel for a major Japanese automotive manufacturer in a range of product liability matters, including regional counsel for SUV rollover, post-collision fire and airbag design defect claims
• Lead trial and appellate counsel for the world's largest earthmoving equipment manufacturer involving a range of product liability matters. Includes first-chair jury trial experience as an associate
• Representation of a major pharmaceutical manufacturer in defense of mass tort claims involving popular prescription diet drug combination
• Lead trial counsel for a major bicycle manufacturer in defense of tortuous interference and trademark infringement claims related to various corporate sponsorship and license agreements
• Lead trial counsel for a leading bicycle manufacturer in defense of product liability matters involving line of off-road and performance road bikes

Representative Decisions

• Zaremba v. General Motors Corp., 360 F. 3d 355 (2d. Cir 2004) (affirming summary judgment and excluding expert testimony under Daubert in catastrophic, multi-plaintiff rollover crash)
• Jazini v. Nissan Motor Co., 148 F. 3d 181 (2d. Cir 1998) (affirming dismissal of automotive product liability matter against foreign multinational based on lack of personal jurisdiction)
• In re Prempro Prods. Liab. Litig., Nos. 4:03CV1507-WRW, 6:05CV06074, 2011 WL 178574 (W.D. Ark. Jan. 19, 2011) (excluding expert testimony that short-term use of popular combination hormone therapy is capable of causing breast cancer)
• In re Prempro Prods. Liab. Litig., No. 4:03-CV-1507-WRW, 2010 WL 3447293 (E.D. Ark. Aug. 30, 2010) (excluding expert testimony that popular estrogen-based hormone therapy is capable of causing breast cancer)
• Zafarana v. Pfizer Inc., 724 F. Supp. 2d 545 (E.D. Pa. 2010) (granting motion to dismiss in consumer class action to recover for actions allegedly taken by major pharmaceutical company in marketing and promotion of twelve prescription medications)   
• In re: Bextra and Celebrex Marketing Sales Practices and Prod. Liab. Litig., MDL No. 1699, Pretrial Order No. 29: Provision of Case-Specific Expert Reports Regarding Specific Causation (N.D. Cal. Aug. 1, 2008) (Lone Pine order requiring threshold disclosure of expert reports on issue of specific causation)
• In re: Bextra and Celebrex Marketing Sales Practices and Prod. Liab. Litig., No. M:05-CV-01699-CRB, 2007 WL 4170276 (N.D. Cal. Nov. 19, 2007) (excluding as unreliable any expert opinion that popular anti-inflammatory causes heart attacks and strokes at most commonly used dose)
• Figueroa v. Gallager, et. al, 20 A.D. 3d 385, 798 N.Y.S. 2d 143 (2d Dept 2005) (reversing trial court and granting summary judgment in favor of General Motors based on inadequacy of plaintiffs' expert testimony)
• Lessard v. Caterpillar, Inc., 291 A.D. 2d 825, 737 N.Y.S. 2d 191 (4th Dept 2002) (affirming directed verdict in favor of defendant manufacturer based on inadequacy of plaintiffs' expert's qualifications)
• Goldman v. Gateway Toyota, et. al, 283 A.D. 2d 457, 724 N.Y.S. 2d 630 (2d Dept. 2001) (affirming summary judgment in favor of defendant manufacturer based on plaintiffs' spoliation of evidence)
• Bobrowsky v. Toyota Motor Sales, U.S.A., Inc., 261 A.D. 2d 349, 689 N.Y.S. 2d 183 (2d Dept. 1999) (affirming judgment following defense verdict and finding plaintiff's psychiatric records properly admitted for impeachment purposes)
• In re: Bextra and Celebrex Prod. Liab. Litig., No. 762000/2006, (N.Y. Sup. Ct., N.Y. Cty. Jan. 7, 2008) (excluding as unreliable any expert opinion that popular anti-inflammatory causes heart attacks and strokes at most commonly used dose)