Ilana H. EisensteinPartner
Incoming US Chair, Litigation
Co-Chair, Appellate Advocacy Practice
Member, Executive Committee
Ilana H. Eisenstein is the incoming US Chair of Litigation and Co-Chair of the firm's Appellate Advocacy practice. As a former Assistant to the Solicitor General and a former federal prosecutor, she has seen cases through every stage of litigation – from investigation, trials, and appeals to the US Supreme Court.
With a flexible approach to multi-faceted disputes that include civil, criminal, administrative and regulatory components, Ilana helps clients solve their most complex and high-exposure problems.
She is noted for her ability to unravel the individual threads in complicated legal issues. She is particularly adept at developing and managing legal strategy for multi-district litigation and government-facing litigation; and she has deep experience in life sciences, consumer goods and technology sectors.
Ilana has argued five cases before the US Supreme Court, including cases involving novel questions of statutory interpretation and constitutional law and procedure. She has tried 12 federal jury trials to verdict and led more than 100 federal and state cases to resolution.
Ilana is a member of DLA Piper's Executive and Policy Committees.
Recent Appellate and Supreme Court Matters
- In re: Incretin-Based Therapies Products Liability Litigation (9th Cir.): Briefed and argued appeal for Novo Nordisk successfully defending dismissal at summary judgment of all claims in multi-district litigation on Daubert and preemption grounds.
- In re: Taxotere (Docetaxel) Product Liability Litigation (5th Cir. & E.D. La.): Lead appellate counsel for Sanofi handling all appeals and critical motions arising out of the multi-district litigation, including successful defense of dismissals and summary judgment on grounds of warnings causation, statute of limitations, and violations of show-cause procedure.
- National Preemption Counsel for Medtronic – Coordinate briefing and argument of preemption issues in state and federal courts at both the trial and appellate levels.
- Furman v. Goodyear Tire (NM 2021): Argued against personal jurisdiction on behalf of Goodyear Tire.
- Lawrence v. Medtronic (9th Cir. 2020): Represented Medtronic in Ninth Circuit Court of Appeals affirming dismissal of a products liability suit on preemption grounds.
- Microsoft v. United States (S. Ct. 2018): Author of brief on behalf of amici European national trade organizations asking the Court to consider the potential conflict between the Stored Communications Act and the GDPR
- * Manuel v. City of Joliet (S. Ct. 2017): Successfully briefed and argued case finding that pre-trial detention without probable cause violates the Fourth Amendment and may give rise to a federal civil rights claim.
- * Menominee Tribe v. United States (S. Ct. 2016): Briefed and argued case which clarified proper application of equitable tolling principles in a contracting dispute with the federal government.
- * Ohio v. Clark (S. Ct. 2015): Briefed and argued case finding Sixth Amendment's Confrontation Clause to be inapplicable to out-of-court statements given by an abused child to his teacher
(*) – cases before joined DLA piper while in government service
Multi-District Litigation and Trial Court Litigation
- In re: Generics Pharmaceutical Pricing Antitrust Litigation (E.D. Pa.): Lead counsel defending major pharmaceutical manufacturer against antitrust claims brought by state Attorneys General and private class actions in the multi-district litigation.
- In re: Zantac (Ranitidine) Products Liability Litigation (S.D. Fla./11th Cir.): handling class action defense and government enforcement actions for major pharmaceutical company in the multi-district litigation and related state court proceedings.
- Lontex v. NIKE (E.D. Pa./3rd Cir.): Counsel for NIKE at federal jury trial and on appeal defending against trademark infringement claims.
- Merck v. Pfizer (E.D. Pa.): Defended Pfizer against trade-secret misappropriation lawsuit.
Affirmative Government Litigation
- Pfizer v. Dept of Health and Human Services: Counsel for Pfizer in administrative law and constitutional challenge to agency interpretation of the Anti-Kickback Statute as prohibiting copay assistance for patients to afford a breakthrough treatment for a rare and fatal disease.
- NetChoice v. Atty Gen. State of Florida (S.D. Fla./11th Cir./SCT): Representing Netchoice, a trade association of Internet and social media companies, in First Amendment lawsuit challenging a Florida statute attempting to regulate social media companies’ exercise of editorial discretion on their platforms; preliminary injunction of statute granted and key provisions affirmed on appeal.
- Safehouse v. U.S. Department of Justice: Lead counsel for Safehouse in declaratory judgment and constitutional litigation challenging application of federal drug laws to prevent provision of overdose prevention services.
- Sands Bethworks v. Pennsylvania Dep’t of Revenue: Prevailed in challenging state tax on gaming operations as unconstitutional as a matter of state and federal law.
- J.D., University of Pennsylvania Law School
summa cum laude, Valedictorian
- B.A., Harvard University
magna cum laude
- Chambers USA
- Band 1, Pennsylvania Litigation: Appellate (2021-2022)
- Band 4, Pennsylvania Litigation: White-Collar Crime & Government Investigations (2022)
- DLA Piper Product Liability Lawyer of the Year (2021)
- DLA Piper North America Pro Bono Award (2021)
- Safehouse litigation (pending): Lead counsel for Safehouse in federal district court litigation to establish the legality of its proposed overdose prevention services to combat opioid overdose deaths in the City of Philadelphia.
- Johnson v. City of Miami Police Department (11th Cir.) Won a significant appellate victory as appointed counsel in a police excessive force case.
- Rranxburgaj v. Pokoske (US S.Ct.): Petitioned for certiorari on behalf of immigrant who had taken refuge in a church sanctuary to care for his ailing spouse; successfully negotiated settlement enabling our client to remain in the United States under a stay of removal.
- "Sanctuary Cities" litigation: Authored amicus brief on behalf of eight Philadelphia social services agencies in Philadelphia's successful challenge to the Department of Justice policy to withhold federal grant money.
- "Travel Ban" litigation: Co-Authored amicus brief for International Bar Association filed in the Fourth and Ninth Circuits in the pending travel ban litigation.
- “Should Third-Party Funders Be Able to Cash in on Whistleblower Cases?” Bloomberg Law (November 4, 2020)
- Co-Author, "Suspending antitrust limitations periods during the COVID-19 pandemic: Constitutional and practical implications," WestLaw, May 19, 2020
- "Riding the Circuits": Practice in the Third Circuit, American Bar Association, June 15, 2022
- Creating a Roadmap for Post-Albrecht Preemption Using Takeaways from This Year's Most Significant Rulings, ACI Drug & Device Conference, December 7, 2021
- "RICO Conspiracy," PA Criminal Defense Lawyer's White-Collar Seminar, November, 2018
- "Effective Third Circuit Advocacy," CLE, Third Circuit Bar Association, January, 2018
- "Biden Disappoints Puerto Rico in Supreme Court Benefits Case," Bloomberg Law, November 9, 2021
- "5th Circ. Won't Revive Sanofi Chemo Hair Loss Suit," Law360, June 10, 2021
- "Tech Orgs Say New Fla. Social Media Law Limits Free Speech," Law360, May 27, 2021
- "5th Circ. Finds Chemo Drug Hair Loss Claims Filed Too Late," Law360, April 22, 2021
- "Profs, Orgs Tell Justices To Review Sham Litigation Exception," Law360, April 20, 2021
- "5th Circ. Affirms Win For Sanofi In Chemo Hair Loss Suit," Law360, April 20, 2021
- "Why Biden Must Tread Carefully With U-Turns In Court," Law360, April 20, 2021
- "Orgs Say History, Context Favor Asylum-Seekers' Credibility," Law360, January 12, 2021
- "3rd Circ. Roundly Rejects Trump's Pa. Election Appeal," Law360, November 29, 2020
- "Pa. Certification Means Game Over For Trump, 3rd. Circ. Told," Law360, November 24, 2020
- "Overdose prevention network advocates for Philly safe injection site," Pennsylvania Capital-Star, November 19, 2020
- "One Simple Way Biden Could Prove He Regrets His Role in the Drug War," Slate Magazine, November 18, 2020
- "US appeals court weighs law on supervised injection sites," The Sentinel, November 16, 2020
- "US prosecutors take second swing at Philly supervised injection site in federal appeals court," WHYY, November 16, 2020
- "Grenfell Tower Fire Case Moves From Pa. To UK," Law 360, September 16, 2020
- "November Advocate of the Month: Ilana Eisenstein," Legal Prescription, November 25, 2019
- "Judge: Philly supervised injection site proposal does not violate federal law," The Philadelphia Inquirer, October 2, 2019
- "'Crackhouse' Or 'Safehouse'? U.S. Officials Try To Block Philly’s Supervised Injection Site," Kaiser Health News, September 9, 2019
- "Merck Trade Secret Suit A Ploy To Aid Patent Case, Pfizer Says," Law360, September 17, 2019
- "McSwain, DLA Piper's Appellate Head Spar Over Legality of Safe Injection Site," Law.com, September 5, 2019
- "Supporters Sue To Open Safe Injection Site In Philadelphia, Citing Religious Freedom," WHYY, April 13, 2019
- "Justice Department sues Philadelphia over supervised injection facility that aims to prevent fatal drug overdoses," Washington Post, February 7, 2019
- "U.S. sues to block Philadelphia safe drug-injection site," Reuters, February 6, 2019
- "What Clarence Thomas Gets Wrong About the Second Amendment," The Atlantic, February 22, 2018
- "Why Are There So Few Women SCOTUS Advocates?" The National Law Journal, October 25, 2017
- Eisenstein clerked for Judge Edward R. Becker of the US Court of Appeals for the Third Circuit, after which she was awarded a one-year Bristow Fellowship with the Office of the US Solicitor General.
Other Professional Activities
- Board Member, Third Circuit Bar Association, 2021-present
- Co-Director, Appellate Advocacy Clinic, University of Pennsylvania School of Law, 2019-2021
- Leo Model Foundation Public Policy Fellow, University of Pennsylvania School of Law, 2018-2019
- Board Member, Homeless Advocacy Project, Philadelphia, PA 2017-2022
- Board Member, William Penn Charter School, Philadelphia, PA, 2001-2022
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