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

  • In re Lipitor (Atorvastatin Calcium) Mktg., Sales Practices & Prod. Liab. Litig., No. MDL214MN02502RMG, 2016 WL 1251828, at *19 (D.S.C. Mar. 30, 2016) (excluding plaintiffs' general causation experts' testimony that Lipitor can cause diabetes at doses below 80 mg)
  • In re Lipitor (Atorvastatin Calcium) Mktg., Sales Practices & Prod. Liab. Litig., 150 F. Supp. 3d 644 (D.S.C. 2015) (excluding plaintiff’s specific causation expert)
  • In re Incretin-Based Therapies Prod. Liab. Litig., 142 F. Supp. 3d 1108, 1132 (S.D. Cal. 2015) (granting summary judgement in all MDL cases based on conflict preemption in litigation involving claims that diabetes medications cause pancreatic cancer)
  • In re Byetta Cases, 2015 WL 7184655 (Cal. Super. Nov. 13, 2015) (granting summary judgement in all JCCP cases based on conflict preemption in litigation involving claims that diabetes medications cause pancreatic cancer)
  • In re Chantix (Varenicline) Products Liability Litigation, 881 F.Supp. 2d 1333, 1343 (N.D. Ala. 2012) (holding that "the July 1, 2009, black box warning is adequate as a matter of law to warn of the risks of neuropsychiatric complications in patients taking Chantix").
  • 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)