Christopher Gismondi

Of Counsel

Emailchristopher.gismondi@us.dlapiper.com

About

Areas of FocusLitigation, Arbitration and Investigations

Bar admissionsNew York

CourtsAll New York state courtsUnited States District Court for the Southern District of New YorkUnited States Court of Federal Claims

EXPERIENCE

Litigation Strategy & Defense Representative Matters

First chaired a three-week trial in New York state court involving multi-million-dollar competing claims, including delivering opening and closing arguments, conducting direct examinations of multiple fact witnesses, cross-examining the adverse party and supporting witnesses, and preparing and arguing motions in limine and for a directed verdict throughout the course of trial
Defended leading pharmaceutical manufacturer in multi-district litigation alleging that product failed to warn users of risk of gastrointestinal injuries posed by medication, including working with leading experts in the field of gastrointestinal motility and endocrinology, first and second-chairing the defense and taking of multiple expert depositions, and drafting case dispositive motions and motions to exclude expert witnesses
Defended leading food manufacturer in multi-district litigation alleging that its products were defectively designed and that it failed to warn consumers of risk of neurological injury posed by products, including first- and second-chairing defense of multiple expert depositions, coordinating discovery responses, developing strategy to disprove general causation, and second-chairing the cross examination of a leading expert in environmental epidemiology during Rule 702 general causation hearing
Defended leading food manufacturer in California state court mass tort action alleging that its products were defectively designed and that it failed to warn consumers of the risk of neurological injury through exposure to trace levels of metal(oids) in the products, including first and second-chairing multiple fact witness depositions, first and second-chairing multiple expert depositions, developing strategy to disprove causation and exposure, second-chairing cross examination of key causation expert during Sargon hearing, and delivering opening and closing arguments in mock jury
Co-led team representing international insurer in a 7-week trial in the U.S. Court of Federal Claims in which the company's former majority shareholder sought approximately $60 billion in just compensation for an alleged violation of the Fifth Amendment, including preparing the insurer’s CFO, former corporate secretary, two former CEOs, and outside corporate counsel for trial testimony, attending trial during their examinations to protect the witnesses and the insurer's interests, and providing real-time risk assessments to the insurer's C-level management and board of directors regarding the company's potential exposure under an indemnification obligation to the United States
Defended international insurer in class action and 12 coordinated "opt-out" federal actions alleging violations of the 1933 Securities Act and 1934 Exchange Act with over US $2 billion in total damages, including coordinating the production of over 20 million pages of documents, taking and defending depositions of C-level executives, drafting discovery and dispositive motions, and creating strategy to resolve the 12 coordinated "opt-out" cases
Defended multiple food and foodware manufacturers in class action lawsuits alleging economic loss associated with false labeling claims
Defended food manufacturer in state attorney general action alleging that products were fraudulently marketed and labeled in violation of consumer protection statutes
Defended healthcare facility against class action lawsuit alleging substandard care and understaffing, including serving as lead negotiator at mediation
Defended multiple Fortune 500 companies in class action lawsuits alleging violations of the 1933 Securities Act and 1934 Exchange Act, including companies in the insurance, financial services, and consumer goods sectors
Represented manufacturer of Cannabidiol (CBD) edibles in contract and employment dispute with one of the largest cannabis manufacturers in the world, serving as lead negotiator in settlement communications

Counseling Corporate Clients

Advised global food and beverage manufacturers on litigation and regulatory risks associated with food additives and underlying ingredients
Advised global tobacco and nicotine company on US legal and regulatory risks facing cannabis industry
Advised global food and beverage manufacturers on marketing campaigns
Advised leading terpenes company on marketing and assist with further development of toxicology program
Advised healthcare facilities and insurance provider on COVID-related claims portfolio
Advised manufacturers and service providers on the provision of services to cannabis companies
Advised international pharmaceutical company on whether its psilocybin and Dimethyltryptamine (DMT) research labs were compliant with the controlled substances act
Advised manufacturers on legality of cannabis products
Advised companies and investment funds on a variety of regulatory issues when pursuing acquisitions of cannabis and tobacco-related businesses
Advised product manufacturers in responding to allegations that they manufactured defective products
Advised international insurer on potential indemnification obligations
Advised board of directors with respect to the proper procedure to protect legal privilege contained in the minutes of their meetings