Product Liability: Mainly Defendant: UK-wide

Arnold & Porter's product liability practice is particularly highly regarded in the healthcare and life sciences fields, and notably acts for multinational pharmaceutical and medical device companies. Several of the team members are medically trained, providing clients with additional technical and scientific support. The practice advises on regulatory compliance and handles claims and prosecution, including large group actions. Recent work includes handling the FAC litigation for Sanofi and acting for Pfizer on Celebrex claims, as well as handling blood products litigation on behalf of Bayer.

KEY INDIVIDUALS Adela Williams is a solicitor and a registered coroner, and offers UK and EU regulatory advice to manufacturers of medical products and devices. She advises on clinical trials, marketing and labelling, and on unitary and group action claims. Clients say she is "extremely industry savvy" with "phenomenal medico-legal knowledge."

Ian Dodds-Smith heads the firm's European product liability practice and has an outstanding reputation in the life sciences arena, particularly in pharmaceuticals. Clients praise his "unrivalled experience and expertise." He has recently handled multi-claimant cases for Bayer, Wyeth, Sanofi-Pasteur and SmithKline Beecham. He has also dealt with major regulatory issues against the centralised regulatory bodies of the European courts.

Alison Brown focuses her practice on product liability litigation and product safety matters. She advises on investigations and enforcement actions by regulatory agencies, and handles complex commercial and public law litigation in the UK and EU courts. She is highly rated by peers who admire her as "a formidable opponent in anti-convulsant litigation."

Elizabeth Driver is a consultant and a registered practitioner, having worked in pathology and toxicology before becoming a lawyer. Her focus is on the medical and scientific aspects of pharmaceutical, chemical and cosmetic regulatory and litigation matters.

The merger of Davies Arnold Cooper and Beachcroft in October 2011 resulted in one of the UK's leading product liability firms. It represents insurers and manufacturers in UK and international disputes, and has particular expertise in the healthcare and pharmaceutical industries. The team advises on regulatory issues and has extensive knowledge of group claim litigation. Recent clients include the National Blood Authority and various NHS trusts, and the firm assisted GlaxoSmithKline with the MMR litigation. Peers commend its "superbly professional and technical legal team." 

KEY INDIVIDUALS Simon Pearl has over 30 years' experience in product liability litigation, particularly within the life sciences sector. Peers describe him as "a doyen in the field – wise and enormously experienced." He has significant knowledge of advising reinsurers, insurers and insureds on product liability and wider policy issues. His clients include AstraZeneca.

Chris Wilkes specialises in policy disputes and handles complex product claims, including group actions and multi-jurisdictional cases. He offers regulatory advice, especially to clients in the pharmaceutical, chemical and engineering industries. Peers say he is "extremely experienced in product liability."

Alison Louise McAdams has worked for 20 years on behalf of defendants in multiparty product liability litigation. She advises companies in the pharmaceutical, medical devices and consumer goods sectors. Peers say she "combines an in-depth academic approach to the law with practical operation," and is "a very high-grade lawyer."

Freshfields' product liability and consumer law team has particular expertise in the consumer goods, healthcare, aviation, chemicals and telecoms sectors. It has received a high volume of product risk and liability instructions of late, and specialises particularly in large-scale complex product crises and litigation, and regulatory issues with multi-jurisdictional angles. Clients include JTI, AB InBev, Novartis and AstraZeneca. The practice advises clients in more than 150 markets worldwide, including key emerging markets such as India and China, and assists manufacturers, importers and retailers with defending complicated cross-border claims. Peers describe the practice as impressive and "very well resourced."

KEY INDIVIDUALS Paul Bowden continues to act as international co-ordinating counsel for Japan Tobacco in its defence of smoking claims and litigation across the globe. He also handles product liability litigation for other major multinational companies. Peers say "he is a very good operator and excellent with clients."

John Blain works with clients in the consumer products, healthcare and industrial sectors throughout all stages of a product's life cycle. He handles commercial disputes and product liability litigation, which are often multiparty and multi-jurisdictional in nature. He also advises on regulatory risks, including product safety, product recalls and crisis management. Peers say he is "a master litigator with sound commercial judgement."

Hogan Lovells has one of the largest and most experienced product liability practices in the UK, with an impressive client list spanning numerous industries and including Baxter, BAT, Black & Decker, Toshiba and Estée Lauder. The team advises on all product liability and safety issues, including domestic and cross-border litigation, group actions, risk and crisis management, product marketing and recalls. It is currently handling claims in more than 30 countries and in numerous states in the USA. Recent work highlights include advising Vodafone on the multi-jurisdictional defence of personal injury claims allegedly due to radiation, and being selected as Toshiba's European counsel for all safety and liability issues relating to the brand's full range of products.

KEY INDIVIDUALS John Meltzer is dual-qualified in Australia and the UK. He is EU leader of the product liability team that produced the report for the EC on product liability laws, and advises various manufacturers involved in claims across the EU. He recently acted for Merck advising on claims relating to Vioxx in the UK and US courts, and for Baxter in the recently concluded blood products litigation. Impressed peers praised him as "one of the best."

Rodney Freeman is dual-qualified in Australia and the UK. He is a representative in the EMARS project and a regular EC speaker on product liability. He has been involved in most of the major product liability issues in recent times, including those related to vaccines, asbestos and tobacco, and also advises many of the world's leading suppliers of consumer goods. He has significant expertise in complex group claim litigation with cross-border aspects. Clients say he is "very thorough and reliable."

Caroline Moore is a consultant in the product liability group and a member of the firm's international life sciences team. She acts for manufacturers in product liability litigation and other commercial disputes, and also advises on regulatory matters, specialising in pharmaceutical and healthcare products and mobile telecommunications. Much of her work has a scientific or medical component, and peers say she is "a master at detail and scientific evidence."

Barlow, Lyde & Gilbert merged with Clyde & Co in November 2011, resulting in a significant product liability practice. It advises on product liability matters across all industries, and has particular experience in food and agriculture, automotive, pharmaceuticals and healthcare, shipbuilding, and domestic and international manufacturing. Its extensive client base includes large insurers and corporate entities involved in multimillion-pound claims. The team's healthcare sector work has significantly increased over the past year, and it is currently acting for more than 50 NHS trusts. Clients praise "its service and quality of work."

KEY INDIVIDUALS Neil Beresford is a key contact partner.

This firm's international product liability team has a successful track record in advising leading multinationals, insurers and reinsurers across a broad range of industry sectors. It provides commercial and risk management advice on product safety and recalls, crisis management, regulatory compliance and relationships with enforcement agencies. Its specialist insurance lawyers advise both policyholders and insurers on defective product disputes involving high net worth litigation. Clients praise its "excellent service" and "deep knowledge," adding that it is "very good at litigation."

KEY INDIVIDUALS Anthony Dempster is a partner with significant expertise in product liability and recalls, advising both corporate clients and insurers on high-value claims. He has recently acted for insurers in the high-profile Rolls-Royce Mermaid Pods litigation, and advised RSA on product liability coverage.

Kennedys has continued to expand its international product liability team, with the addition of Anne Ware providing strength in the fields of medical devices and pharmaceutical and consumer product claims. The team's expertise covers the automotive, engineering and industrial sectors, among a wide range of others. The practice advises major corporates and their insurers on complex high-value claims, often across multiple jurisdictions. Clients say the practice is "very pragmatic, proactive and sensitive to business needs."

KEY INDIVIDUALS Anne Ware joined Kennedys in May 2011 from Covington & Burling, bringing more than 25 years' experience in providing product liability advice on product recall, litigation and risk management. She has acted in many of the major pharmaceutical product-related claims and group actions of the last 30 years. She is currently representing clients in connection with the PIP breast implant claims and advising on defective electrical consumer goods. Peers say she is "a Leviathan in the field of pharmaceutical product liability."

Shane Sayers heads the product liability team and has more than 25 years’ experience in handling major product liability claims, both in England and globally. He acts for and advises international medical and pharmaceutical companies and leading healthcare organisations, as well as major consumer product manufacturers. He recently acted for a leading clinic on the supply of allegedly defective sperm to a patient, and is also handling a defective product mass tort claim in the EU, valued in excess of EUR100 million.

Trevor Davies has more than 25 years’ experience in handling major product liability disputes for manufacturers and their insurers, and is currently representing manufacturers in one of the largest worldwide recalls of prosthetic medical devices. He is also representing insurers in the ongoing high-value litigation involving Rolls-Royce ship propulsion units, and acting for insurers in connection with a variety of US class action product liability claims. Peers say he is "well liked by clients, very bright and efficient," and "a superb litigator."

Peers describe Michael Goldberg as "tenacious and diligent" and "excellent in the field of products." He advises clients on high-value product liability claims and has taken a lead role in several high-profile group actions, such as the MMR vaccine litigation.  

RPC's product liability team handles defendant work for insurers and their insureds, including pharmaceutical exposures in the UK and internationally, claims from the automotive industry, advice to insurers on coverage issues, and product recall advice. The practice covers a wide range of industry sectors, including chemicals, medical devices, transport and technology, and is currently acting on the high-profile PIP breast implant litigation. The practice is seeing growth in the UK and also internationally, assisted by a new office in Singapore. Peers say it is "a very good team that will fight its corner, but is also very sensible."

KEY INDIVIDUALS Stuart White's product liability practice spans a wide array of industries. He works for both defendant and claimant clients and advises on coverage issues in all of his fields of activity. Peers admire "his pedigree in product liability." A client says: "He knows his stuff and I have great regard for his excellence, dependability and all-round skills."

Jason Bright specialises in direct insurance and reinsurance coverage disputes, focusing on product liability, construction, property and political risk. He also has expertise in advising London Market insurers on pharmaceutical exposures, and on more general product liability exposures in the USA and South-East Asia. He acts for manufacturers defending product liability claims in the UK courts. Clients praise his "excellence and dependability," and peers say that "you can see that clients like him."

Addleshaw Goddard's product liability team handles complex multi-party multi-jurisdictional cases for major global brands. It acts for a broad range of national and international manufacturers across numerous sectors, including pharmaceuticals, chemicals, consumer goods and industrial equipment. The practice covers all aspects of product liability, including risk prevention and management, compliance with product safety regulations, recalls and related insurance coverage matters.

KEY INDIVIDUALS John Kelleher heads the product liability group and advises manufacturers across a wide range of industry sectors on claims, disputes, risk management and safety issues. He has significant expertise in representing defendants, and has acted for manufacturers in several of the leading product liability group actions in the UK. He is also a chief member of the firm's international arbitration group. Peers describe him as "diligent and astute."

Louisa Caswell is a managing associate and is "thoroughly prepared and efficient," according to peers. She recently worked alongside John Kelleher for a prominent pharmaceutical company in a major group action litigation.

Ashurst deals with large and complex product liability matters for major global clients such as Aventis Pharma and Imperial Tobacco. It has recently acted for Sanofi and Aventis Animal Nutrition on defending a competition damages action at the Competition Appeals Tribunal, and is also acting for the administrators and liquidators of Land of Leather. The "very high-quality" team acts for clients facing regulatory investigations and advises on enforcement procedures. 

KEY INDIVIDUALS Mark Clarke has many years' experience in this area and leads the practice's most prominent product liability matters, including the defence of pharmaceutical, life sciences and chemicals litigation. He also continues to co-ordinate the defence of health-related claims against Imperial Tobacco worldwide. 

This team acts for major international corporates from the UK and abroad as well as financial institutions, with recent highlights including providing toy safety regulation advice and environmental regulation advice relating to product design and energy consumption. Clients appreciate the practice's "extensive global presence and local counsel in an end market." Peers say the firm "has a good manufacturer practice, with an impressive spread."

KEY INDIVIDUALS John Leadley manages the practice and handles advisory and defence work in product liability and recall, as well as product and operational risk management more generally. His work spans a number of sectors, including TMT, pharmaceuticals, healthcare and toys. Peers single him out as "a good guy."

Editorial for Mayer Brown International LLP, now merged with Mayer Brown International LLP

Mayer Brown's product liability group covers litigation, due diligence, risk and crisis management, product recall, and regulatory compliance and investigation. It has both a manufacturer and an insurance-focused practice, and has experts in product liability internationally. The team co-ordinates defence counsel in the consumer products sector, including individual claims and large class actions. Clients praise its "good technical lawyers who deliver practical advice in a commercial context and are easy to work with."

KEY INDIVIDUALS Miles Robinson is co-head of the London product liability practice and co-leader of the global product liability and mass torts practice. He handles major disputes in a variety of industries, and his work includes defending large-scale group actions, such as the Norplant and organophosphate litigations. Clients say he is "commercially minded" and "very professional, with a vast amount of experience and knowledge." 

Ingrid Hobbs concentrates on insurance matters and handles policy coverage disputes, especially those involving product liability insurance, professional indemnity, political risk insurance, and directors and officers liability coverage. She recently successfully defended a manufacturer of breast implants in a trial under the Consumer Protection Act. Peers note that she "knows her stuff."

Tim McCaw advises insurers on product liability coverage aspects, product recall and guarantee policies. He handles contentious insurance and reinsurance matters, particularly those with an international element. His recent highlights include advising major London financial market insurers in connection with a defective building materials claim in Northern Ireland. Clients praise him as "a strong negotiator."

The product liability team here has dealt with multimillion-pound claims of late for major corporate clients and for clients in the insurance sector. Its work increasingly involves global claims across China, the USA, Korea, Mexico and most EU countries. The practice handles high-profile and high-value cases across different market sectors, including commercial claims, healthcare, toxic torts, food prosecutions, recovery, insurance coverage and retail. Current clients include Zurich, AXA and Allianz.

KEY INDIVIDUALS Jim Sherwood is a key partner here.

Covington & Burling handles a wide range of product liability and regulatory matters for manufacturers of pharmaceuticals, medical devices, food and cosmetics. The product liability practice benefits from the firm's offices across the UK, Europe and the USA. Its client list includes Roche Products, Merck, Novartis Vaccines, Merial and many other corporations in the pharmaceutical and medical device areas, as well as major consumer product companies such as McNeil. The team is supported by more than a dozen regulatory and scientific experts based in London and Brussels, and is commended by peers for its "good knowledge of the law."

KEY INDIVIDUALS Brian Kelly focuses on providing regulatory, product safety and public and administrative law advice to a broad range of life science clients, particularly pharmaceutical companies and food manufacturers. He is an honorary lecturer at UCL and sources say he "has the expertise to handle litigation really well, presenting facts very clearly."

DWF's product liability department handles all related legal and commercial aspects, including product recalls and recovery of insurers' outlay. It handles third-party damage claims originating from defective products across a wide range of industries. The dedicated regulatory team provides specialist advice on consumer protection and fair trading, advertising and marketing, environmental, health and safety, and transport regulations. Peers praise its "phenomenally high quality of work" and its "top-end litigation."

KEY INDIVIDUALS Consultant Roger Coates handles general product liability, construction-related claims and insurance matters. Peers say "he is a legendary figure in West Midlands legal circles" with "a very sharp mind that sees where commercial realities lie." 

Eversheds' product liability team assists large corporate and insurance clients with responding to significant claims arising out of product failure or contamination. It specialises in high-profile and sensitive crisis management matters across different sectors. Recent clients include Rolls-Royce, Tyco, XL, Commonwealth Insurance and Samsung. 

KEY INDIVIDUALS Richard Matthews heads the pan-European product liability team and has considerable experience in advising major global businesses on product incidents, insurance claims and supply chain disputes. He has specialist knowledge in the automotive, aerospace, industrial engineering, medical devices, chemicals and consumer product sectors.

Manches' niche international product liability practice assists large multinational consumer product manufacturers and distributors with litigation risks arising from product liability and EU regulatory requirements. It has particular expertise in the tobacco regulatory and disputes fields, working for BAT on a contentious advisory role. Clients say the team has "an excellent understanding of litigation risks for groups of companies operating on a global scale."

KEY INDIVIDUALS John Doherty heads the regulatory department.

Reed Smith's product liability practice is based in London and is assisted by the firm's 14 US offices. It is well known for its defence work for drug and medical device companies, and also acts for retail industry clients such as Boots, Procter & Gamble, Sara Lee and Gant. Its has particularly strong expertise in handling pharmaceutical, aviation, industrial, chemical and consumer product claims and prosecution, and in counselling on regulatory compliance issues.

KEY INDIVIDUALS Patrick Beale is a key contact.

Shook, Hardy & Bacon has an international product liability and mass tort litigation defence practice covering a wide range of industries, including pharmaceuticals and medical devices, alcohol, tobacco, machinery, electronics, fire protection equipment and chemicals. The London team works within the firm's larger global product liability group, offering an international service to clients. It has an extensive scientific infrastructure, including researchers and analysts, to assist further on science-based cases. Clients include Sompo Japan, Bosch and Philip Morris International. Clients commend the team's "in-depth knowledge of product liability and recalls," as well as its "down-to-earth, spot-on advice." 

KEY INDIVIDUALS Simon Castley is the managing partner of SHB's London office. He has experience in a broad variety of legal systems, as his product liability work spans the UK, USA and EMEA. His practice includes handling litigation on corporate and commercial matters, and providing advice on regulatory affairs and liability, including marketing and advertising.

Shoosmiths' product liability team advises on all aspects of product liability, including product safety and recall, litigation, injury claims and associated losses arising from product safety issues. It acts for a number of high-profile brands in the automotive, food, white goods and retail sectors, such as TK Maxx, Jessop and Audi. The team advises on regulatory prosecution defence, marketing and labelling, risks associated with the launch of new products in different jurisdictions, and component compatibility. Clients praise the team's "focus on the technical aspects of a claim and on the needs of clients," and note the usefulness of its practitioners' foreign language skills to European clients.

KEY INDIVIDUALS Malcolm Upfold heads the department.

Weightmans' 2011 mergers with the insurance departments of Vizards Wyeth and Mace & Jones have led to the formation of a dedicated product liability team that operates across seven national offices. It advises on all product liability matters, including product recall, brand preservation, dispute resolution and claims against suppliers. It has extensive experience in managing and defending claims across a wide range of commercial sectors, having acted for supermarket chains, industrial manufacturers and insurers. Clients say "the firm is incredibly conscientious and efficient," with "experienced and knowledgeable staff."

KEY INDIVIDUALS The department is headed by Fiona East.

Arundel McDougall recently moved to CMS from Ashurst, and is a consultant at the firm. He mainly assists companies within the pharmaceutical and life sciences industries, and deals with EU class actions and damages. Peers say he is "one of the architects of product liability law and litigation procedure in the life sciences area."
Mark Tyler of Salutaris Legal Services has a broad business law and international litigation practice, specialising in product liability and health and safety law. His clients include companies, insurers and public bodies dealing with complex claims, and he has recently been involved in group litigations relating to organophosphates, MMR and legionnaires' disease. Clients say he "provides really down-to-earth, sensible advice and has an awful lot of experience working worldwide."
Jacqueline Bore recently moved to DLA Piper UK LLP from Arnold & Porter. She advises pharmaceutical, biotechnology and medical device companies on product liability, marketing and advertising, labelling and other related concerns. She is also a registered practitioner, and has recently acted for a leading vaccine manufacturer on successfully defending a multiparty claim concerning the MMR vaccine. Peers say "she is very clever and quick, and great to work with."
Paul Llewellyn recently joined Shakespeares from Reed Smith. In his previous role he was the UK head of the product liability group, advising on product liability defence and regulatory work. He has handled large-scale EU-wide breast implant litigation and UK-wide orthopaedic implant group litigation. He has particular expertise in negotiating bespoke ADR agreements and managing group claims efficiently and economically. He is active in a wide range of industries, with particular emphasis on medical devices and pharmaceuticals. Peers say he is "a good operator."

Future Events 

16th May 2013: GC Seminar, London Sponsor-backed IPOs: IPO Exits of Portfolio Companies

21st May 2013: GC Seminar, New York Hackers Are After Your Data!: Practical Ways To Reduce Data Security Breach Exposure

23 May 2013: Chambers USA Awards for Excellence 2013, New York 

24 May 2013: Launch of Chambers USA 2013, New York and online

29th May 2013: GC Seminar, New York Going Mobile: IP and Privacy Considerations

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9 September 2013: Chambers Latin America Awards 2013, Miami

10 September 2013: Launch of Chambers Latin America 2014, online

3rd October 2013: Chambers Bar Awards 2013, London

 

Chambers News

10 May 2012: Chambers Europe Awards for Excellence, Amsterdam