Products Liability: Nationwide

“This team produces a superior product by keeping to the essentials and not overworking matters.” It is this incisive and astute approach that draws high-profile clients such as Pfizer, Johnson & Johnson and the Altria Group. The group has been representing Merck and Schering-Plough in the Vytorin and Zetia litigation and in investigations related to sales and marketing practices. Diane Sullivan is "a real leading light in products liability work." Recently, she has been immersed in the Seroquel matter, in which the firm is acting as national counsel for AstraZeneca. Ezra Rosenberg is a "terrific legal theorist and a front-line litigator,” interviewees report. A multitalented attorney, he has recently worked on Vytorin, tobacco and heated fuel-related litigation for various clients. Sean Wajert is cochair of the firm’s mass torts and products liability group, and takes the lead in the ‘popcorn worker's lung’ cases for Firmenich; he is also involved in tobacco litigation. Robert Heim is working closely with Wajert on the Firmenich matter. Robert Limbacher plays a key role in the defense of Amgen in investigations and litigation arising in connection with its anemia drugs.

This group is highly praised for its expertise in pharmaceutical litigation: “It has a deep knowledge of the science, the ability to manage thousands of claims and tremendous experience,” sources say. The team has been boosted by the arrival of Allen Waxman, former general counsel of Pfizer. Its work on behalf of Pfizer includes litigation regarding hormone replacement therapy (HRT), in which Steven Glickstein and Jay Mayesh successfully moved to certify a question of Minnesota’s statute of limitations. Interviewees laud Glickstein's “personality, strategic thinking and skill set; he is an important player.” Mayesh is praised for his terrific courtroom skills. James Herschlein led the representation of Pharmacia & Upjohn in litigation connected with the contraceptive injection Depo-Provera. Talented trial lawyer Jan Dodd is counsel for Allergan in two breast implant cases. Other significant matters for the group include acting on litigation for Novartis and as part of a 'virtual law firm', representing AstraZeneca in the Seroquel litigation.

“These litigators deserve all the praise they receive – they are talented, tenacious and get results,” say sources. This team is perhaps best known for its tobacco and toxic torts expertise and has enjoyed several notable successes recently. It obtained a full defense verdict for Dow Chemical in an alleged asbestos exposure case, and obtained the dismissal of a class action certification on behalf of 3M. David Bernick is “the real deal. Without a doubt, he belongs right at the top of the tables.” He is a determined and formidable advocate who produces exceptional quality tobacco and asbestos work. He secured an agreement for W.R. Grace to settle all current and future asbestos-related claims. Stephen Patton is highlighted for "his intelligent, analytical style and his diligence." He is working on the long-running litigation surrounding the master settlement agreement between tobacco companies and 52 states and territories.

This team offers an enviable breadth of expertise. In pharmaceuticals and medical devices matters, it recently acted as national counsel for Guidant in litigation concerning defibrillators and pacemakers, and for sanofi-aventis in its Ambien-related dispute. The group is headed by Harvey Kaplan, a long-standing practitioner and "dean of the area.” He is praised by sources for his leadership skills: “He makes sure work is done thoroughly and comprehensively, and in a cost-effective manner.” Also applauded is the adept  Scott Sayler, while  Andrew See is a “terrific trial lawyer and counselor – he really brings it all together.” The successful tobacco team is lead trial counsel to key players such as Philip Morris USA and Lorillard, and it is international coordinating counsel for Philip Morris International. Kenneth Reilly is singled out for his excellent management of litigation in jurisdictions around the world. David Erickson handles environmental and toxic tort litigation in state and federal court and acts on regulatory and transactional issues.

This practice is best known for bringing disputing parties to amicable agreements. It recently represented Anheuser-Busch in civil investigations into caffeinated alcoholic beverages, and it acted for several oil companies, including BP and Chevron, in the settlement of a water contamination suit. Lauded as one of the best attorneys in the USA for tort matters, Sheila Birnbaum spearheaded this matter. “She's a real guru of strategy and negotiation,” say sources. The group's talent for dispute resolution also translates into incredible effectiveness in court. It successfully secured the dismissal of a class action relating to Amgen’s Epogen and Aranesp medicines. Mark Cheffo takes the lead in pharmaceuticals and medical device matters, including the Amgen cases. He is also a key member of Pzifer’s defense team. John Beisner is “one of the best lawyers in America,” say interviewees. He joined the firm from O'Melveny after Chambers USA went to press.

This group  “doesn't produce cookie cutter work – it comes up with strategic solutions tailored to the specific needs of each problem,” say sources. It has a long-standing reputation for excellence in tobacco litigation, acting as national counsel to Philip Morris for over 20 years. Senior counsel Peter Grossi’s extensive experience in the products field is central to his involvement in the 'Engle progeny' cases for the company. The talented James Rosenthal is key to the group’s representation of Philip Morris. The team also has a respected mass and toxic torts practice, which includes acting for Atlantic Richfield in litigation connected with lead pigment issues. Philip Curtis leads this matter and is “hard-working and consistently delivers great results,” say sources.  Peter Zimroth's practice ranges from welding rod cases to restaurant labeling matters. Head of the environmental practice, Les Sotsky defends various contamination cases and is currently assisting Hexion Specialty Chemicals with claims related to emissions. Commentators also highlight the skilled Robert Weiner and the group's Consumer Product Safety Commission (CPSC) work for manufacturers, distributors and retailers. Former general counsel of the CPSC, Eric Rubel leads this side of the practice. He advises clients on the recently enacted Consumer Product Safety Improvement Act.

Bartlit Beck rises through the ranks due to the much-lauded efficiency of its business model – it provides specialist advice at lower overheads than many of its larger counterparts. Clients also praise a “deep bench of lawyers who are able to parachute in and turn the tide in a trial.” Founding partner Philip Beck has an enviable track record, putting him “on the shortlist for clients with particularly complicated matters.” Donald Scott has been successful in several lead paint cases, recently representing former lead pigment manufacturers before the Rhode Island Supreme Court. He is also representing AstraZeneca in the Seroquel litigation. Adam Hoeflich has achieved success for DuPont in class action certification matters relating to its Teflon litigation.

Interviewees praise this team's “litigation strategies, which really achieve results.”  It has a long-standing reputation in the tobacco and toxic tort areas, having represented R.J. Reynolds in marketing cases, and Mattel and Sherwin-Williams in lead paint and pigment litigation. Leading on the tobacco work is Theodore Grossman, whose skills as a class action lawyer are particularly praised. Paul Pohl heads up the defense of Yamaha in cases relating to the rollovers of Rhino four-wheelers. "Gifted analyst" Mark Herrmann is active in pharmaceuticals work, representing Wyeth in litigation concerning Effexor. 

This practice has grown in recent times, with its San Francisco office welcoming two partners from Drinker Biddle and its Charlotte office acquiring two partners from Womble Carlyle Sandridge & Rice. Clients commend “the team’s excellent judgment, which is aligned perfectly with our business objectives.” The group’s forte is in pharmaceutical matters, where it secured a win for Merck in a wrongful death case. It also represents GlaxoSmithKline in its Paxil litigation. Beyond pharmaceuticals work, it successfully obtained a summary judgment for GM and an appellate reversal of a verdict in a design defect case for BIC. The star of the practice is Chilton Varner: “She does such exceedingly good work that we find ourselves going back over and over again,” report clients. Richard Schneider is noted for his expertise in tobacco matters, and Randall Bassett is a “congenial and extremely effective courtroom advocate.”

This practice has notable strength in class action and appellate matters. It is also lauded for its preventive counsel: “When your products are first in the market and you need global advice and assistance, there isn’t better counsel than O’Melveny,” asserts one client. The group is representing GlaxoSmithKline in multidistrict litigation related to Avandia, the diabetes drug. It also represented Honda before an appeals panel to obtain a reversal of a class action certification. Brian Anderson is working on the remaining elements of the Vioxx litigation and counseling US and international clients on the Consumer Products Safety Improvement Act.

This group is commended for its strength in pharmaceutical and medical device matters and for  “its ability to grasp the essence of the science, which often makes the difference between winning and losing a case, say sources.  Sara Gourley is praised for the sophistication of her work and her excellent client service. She has acted for Armour Pharmaceutical in contaminated blood products litigation. Sources rate Debra Pole for the skill she has demonstrated representing clients such as Pfizer, and Michael Davis is “the kind of lawyer we all want to be – gracious, and dedicated to his clients,” peers reveal. He is acting on the Seroquel litigation. Maja Eaton is a key part of the team that represents GE. The firm also fields a robust toxic torts practice. Heading up the environmental group, David Buente defends clients against class actions and mass tort litigation and acts on environmental regulatory matters. He is working for Coronet in a large case which involves alleged exposure to chemicals.

This Washington, DC-based firm has an esteemed litigation practice, which is best known in this field for its work for pharmaceutical companies. It acted as co-national counsel in Merck’s Vioxx litigation and as national counsel for Bayer. Since the successful settlement of these matters, the team has worked on other major cases, including litigation for AstraZeneca. Douglas Marvin sealed his reputation as a talented, hard-hitting products litigator with his involvement in the Vioxx litigation and its settlement. Also involved in that trial, Stephen Raber is currently working with AstraZeneca on its Seroquel litigation. Lane Heard “has a measured, thoughtful approach, and keeps the big picture firmly in mind.” He focuses on mass tort pharmaceutical defense, recently acting for Wyeth in HRT-related litigation. Also playing a key role in this matter, Heidi Hubbard is a  “fine trial lawyer with great presence in court.”

This Texas-based outfit is deeply involved in toxic torts, pharmaceuticals and consumer products matters, recently obtaining a summary judgment for GlaxoSmithKline. Terry Tottenham is praised for his strategic approach and his background in pharmacology. He leads the pharmaceutical and medical device litigation team. Co-head of the products liability group, Vincent Walkowiak regularly appears before the CPSC and, increasingly, advises on marketing and risk analysis matters. Otway Denny focuses on toxic tort matters for clients in the petroleum industry, and Jonathan Skidmore predominantly acts on pharmaceutical matters.

This team's effective defense of Merck in the Vioxx litigation attracted considerable market praise. Sources largely attribute the dispute's successful settlement to Theodore Mayer, whose “critical-thinking skills translate into innovative solutions.” The practice continues to assist Merck in various matters, including the multidistrict Fosamax dispute and the Vytorin litigation. Norman Kleinberg has a central role in the former matter. “His balanced, calm approach to disputes is especially helpful in emotive cases,” sources observe.  Charles Cohen and James Fitzpatrick's profiles as strong products liability practitioners have risen following their involvement in the Vioxx case.

This practice is especially commended for its strong grasp of the complex medical and scientific issues often involved in toxic torts. The group works for American Cyanamid, recently having a public nuisance verdict overturned. It defended Dow Chemical against a claim brought by West African plaintiffs who alleged that they were injured by pesticide in the 1970s and 1980s. James Stengel successfully represented the company against claims by Vietnam War veterans and Vietnamese nationals alleging personal injury as a result of exposure to Agent Orange. Peter Bicks is a senior member of the asbestos defense team. 

This team has been heavily involved in the long-running litigation related to Eli Lilly’s drug Zyprexa, securing a $15 million resolution with the State of Alaska and a $1.4 billion settlement of claims that Eli Lilly marketed the drugs for off-label use. At the center of these matters was Nina Gussack, who is admired for “her unflappable character, solid command of the law and excellent preparation.” The team is national counsel to GlaxoSmithKline in the litigation connected with diabetes drug Avandia and is representing Medtronic in medical devices and human tissue-related products proceedings.

This group is commended for its breadth of resources around the country and its efficient staffing of projects. Its strength in pharmaceutical and medical device work is well established, and it provides a full service to life sciences and healthcare companies. Head of the litigation department, Colleen Davies is sought out for her long-standing expertise in the pharmaceuticals arena. Having successfully acted for Medtronic in a matter with Mirapex, Michael Brown is now representing the company in a variety of other cases. He is praised for his skills as an advocate and for his ability to organize and coordinate nationwide appeals. Michael Scott is especially adept in pharmaceuticals work. He is key to the defense of Wyeth in diet drug and HRT litigation. The group also has an expanding toxic torts practice, recently adding John Hooper to the ranks. On this front, it acts in heavyweight asbestos and silica litigation.

This team has a broad products practice, providing top-quality work in automotives, pharmaceuticals, consumer products and toxic tort matters. Malcolm Wheeler  “has real gravitas and fantastic trial and appellate skills.” He is “thoughtful and creative, and always brings a new perspective to cases,” say clients. He demonstrates these abilities in matters such as the long-running Pfizer anti-depressant litigation. On the automotive front, John Trigg leads the representation of household names such as Ford. The group recently secured $1 million for Thiessen Products in a counterclaim. The bulk of John Fitzpatrick’s work is in the toxic tort arena, where he is key to the firm’s role as national trial counsel of Foster Wheeler and GE. 

Winston & Strawn’s strength in tobacco products means it represents major players in the industry. It was recently successful in an appellate matter for Philip Morris. In other products litigation, the team defended Ford before the Illinois Supreme Court in a matter that resulted in the ruling for a new trial and the vacation a $27 million jury verdict. Deemed  "the driving force behind the practice’s accomplishments," Dan Webb is also praised for  "assembling a dedicated team that gets cases moving in the right direction,” say clients. He is a highly respected litigator who is “on everyone’s shortlist for high-profile cases.” The highly commended Thomas Frederick oversees the representation of Philip Morris.

This team operates out of a number of offices, ranging from Minneapolis to San Jose, and is active in litigation throughout the USA. It is most closely associated with the automobile sector, but it has a growing profile in pharmaceuticals, medical devices and nursing homes work. Clients praise its boutique-like approach to matters, including its efficient staffing and high level of expertise.  Richard Bowman’s defense work covers issues relating to land, sea and air vehicles. Sources highly rate him and regard him as  "one of the veterans in the automobile market." Managing partner of the Phoenix office, Paul Cereghini is lauded for “his excellent trial technique and tenacious yet flexible approach.”

The pharmaceuticals, healthcare and medical devices arenas are particular areas of strength for this team, which has a core group of lawyers handling a range of related commercial and contentious matters. The group also excels in cases involving vehicle, industrial chemical and engineering issues. It successfully represented Johnson & Johnson in a case concerning Children’s Motrin and represented BASF in herbicide liability litigation. Much of its reputation in the field rests on the shoulders of Christy Jones. “She’s just amazing,” according to sources, and has a focus on healthcare matters.

This global giant's commitment to products liability work is evidenced by the wealth of expertise contained within its US offices and in its European outposts. Observers highly rate the team's strength and success in tobacco-related matters, but cases relating to medicinal and alcohol issues now feature just as heavily in its caseload. The group has also seen an increase in consumer goods-related work. Mary Yelenick has vast experience and leads nationally on tobacco, alcohol and pharmaceuticals cases. Phoebe Wilkinson works alongside Yelenick on some of the team's most important matters. 

This “stellar group” of 49 lawyers places a strong emphasis on pharmaceuticals work, and sources praise its flexibility and skill in insurance coverage and regulatory matters, especially those involving food and drugs. Theodore Voorhees is a "precise, talented and time-efficient lawyer,” active in consumer issues relating to beverages, chemicals and technology. Cochair of the group, Patrick Davies reached favorable settlements for Purdue Pharma in a matter concerning OxyContin. “Always well prepared,” Paul Schmidt is involved in a range of pharmaceuticals cases, representing the likes of Hoffmann-La Roche and the Biotechnology Industry Organization. Robert Brock recently joined the firm from of Rushton, Stakely, Johnston & Garrett. He handles civil litigation for major pharmaceuticals companies. Peers agree: “He's a premier products liability lawyer.”

National and international work forms the majority of the caseload for this team. With more than 300 lawyers worldwide, it can take on a wide variety of mandates in sectors ranging from automobile and food  to pharmaceuticals. Its successes include having claims brought against Electrolux dismissed, and it is representing Philip Morris in ongoing tobacco litigation. While the group has lost one of its best-known attorneys, Amy Schulman, who has gone in-house with Pfizer, others have stepped up to the plate. In particular,  Loren Brown has emerged as a  “talented lawyer who is doing a tremendous job” in medical and pharmaceuticals cases.

This group’s excellent reputation for dispute resolution attracts a range of high-profile clients and has resulted in its involvement in a variety of large-scale matters, ranging from mass torts to complex litigation and class actions. It is especially visible in appellate cases, where  Theodore Boutrous  “has a fabulous reputation,” often representing automobile manufacturers.

This talented team is  “particularly strong on strategy," report clients. A specialized group of more than 40 lawyers handles mass torts and multistate cases, in which variety is a defining feature. Its caseload ranges from acting for Lorillard in tobacco litigation to matters involving software, tractors or asbestos issues. Singled out for particular praise is Lori Cohen, deemed the group's linchpin and praised for  “exceptional trial skills and outstanding attention to detail.”

This giant firm is heavily involved in products liability work on behalf of top industry names, and it calls on specialists in other areas, such as food and drug regulation, to provide an even greater breadth of expertise. It represented Airbus in several high-profile air crash cases, and acted for Land Rover in two matters. Thad Dameris is the main contact for Airbus and general aircraft work, and Mark Gately and Michael Kidney are also points of contact in the group.

This team’s “deep well of talent and high-quality service” are most closely associated by market commentators with mass torts and matters; pharmaceuticals and chemicals work is also a prominent feature of the practice. The group acts as national counsel for SCHWARZ PHARMA in matters relating to the drug Reglan. Herbert Zarov is key to the team's chemicals and pharmaceuticals profile. Clients say: “He's an incredibly knowledgeable lawyer, dedicated to our cases.” The group also focuses on transport and aviation matters, acting for United Airlines in work regarding the 9/11 attacks.

This 70-strong team earns praise for its expertise and case-management skills at a national level. It has branched out from property damage and asbestos cases to act for software companies and industrial chemicals companies, among others. The group demonstrates its technical and scientific aptitude at the intersection of products liability and toxic tort work. It has represented Pfizer in state and federal cases concerning HRT and defeated a claim against ExxonMobil. The main contacts are James Pagliaro in Philadelphia and David Schrader in Los Angeles.

This prominent South Carolina firm has expanded its geographic base, and is national counsel to a range of clients. It undertakes a variety of work, with drug and chemical matters and automobile litigation notable features of its caseload. David Dukes excels in pharmaceuticals, medical devices and technology cases. “He has superb courtroom presence and is great on his feet,” peers say.  Stephen Morrison does a range of products work, including vehicle and chemical matters. Joel Smith is particularly active in nationwide pharmaceuticals and automotive litigation.

This team's broad litigation expertise attracts a variety of cases, including many industry-defining matters. It is representing Argenbright Security in litigation relating to the 9/11 attacks and is assisting Heineken with advertising and regulation matters. David Ichel is especially well regarded for his work for major producers and industry organizations in the alcohol beverages industry. Peers praise “his great judgment and instincts.”

This firm is best recognized in the South, but it has developed a national profile through success in cases outside its home state of Mississippi, representing Bayer, Toyota and R.J. Reynolds in various matters. It undertakes a range of cutting-edge work; for example, it defended a client against claims that exposure to a certain product increased the risk of developing autism. Will Goodman  “has a terrific courtroom presence and can really read a situation.” He is a prime choice for pharmaceuticals cases.