Most Highly Regarded Firms: Product Liability Defence 2008

• December 2008

• Product Liability Defence

One firm stands pre-eminent in the research for this edition. Four-time winner of Who's Who Legal's product liability law firm of the year, Shook Hardy & Bacon fields 12 lawyers in this edition, a contingent unmatched by any other firm.

Shook Hardy & Bacon LLP

In the words of one of our sources, "their reputation for excellence precedes them, and it is always justified."

The firm has had a presence in Kansas City since 1889, and half of the lawyers listed are based in the firm's home office, with further representatives in Florida; Washington, DC and California. At their head is the "incredibly skilled" Harvey Kaplan, chair of the pharmaceutical and medical device litigation division and the most highly nominated individual in the research. Described as an "industry leader", he has tried high-profile pharma cases in many jurisdictions across the US, and has won defence verdicts in cases involving drugs and devices such as the Cu-7 IUD, the Dalkon Shield IUD and the FenPhen diet drug combination. From the same office, Greg Fowler co-chairs the SHB international litigation and dispute resolution practice and was praised for his "first class" work both in the US and further afield in Asia, Australia and Europe. Gary Long chairs the national product liability litigation group, while Walt Cofer was picked out as "incredibly skilled"; he has acted as national coordinating counsel for Philip Morris and Lorillard and is able to "manage multiple cases better than anyone else I know", in the words of one interviewee. Bill Sampson was also strongly recommended, and Tony Andrade was hailed as the "ultimate product liability lawyer". Recognised for his work in Latin America and Europe, he was a founding partner of the firm's London office in 1989. Elsewhere, Victor Schwartz in DC is a "very distinguished figure" and Frank Rothrock appears as a leading figure in California. The firm underlines its national pre-eminence with two further nominees from the highly active state of Florida. Edward Moss is known for his tobacco work as well as for defending class action claims against Home Depot and American Home Products, while the "outstanding" Ken Reilly drew praise for his tobacco work.

The firm's London office complements another in Geneva, and together they contribute to the firm's international reputation for excellence. Two partners in the English Capital were picked out. Simon Castley is the office's managing partner and highly rated, while Mark Tyler stood out for product liability and toxic tort defence. Overall, SHB was commended across a range of industries, encompassing pharmaceuticals, medical devices, tobacco, automobiles, aviation and electronics, and was best summed up by one corporate source; "when you are staring down the barrel, they are the first people you call."

US FIRMS

With the United States the dominant jurisdiction in our research, it is no great surprise that several national firms lead the field overall. Reed Smith LLP stands out with six US nominees and seven in total, and was summed up by one source as a "fabulous, well coordinated group that stays ahead of the curve." It leads our Californian research with five nominees, and is regarded as "absolutely first class" for aviation, drug and medical devices, mechanical and toxic tort defence. The firm's 200-plus strong multidisciplinary life sciences health industry group is chaired by Michael Brown, who has represented clients such as Medtronic, Pfizer, Cyberonics and Eli Lilly. The "very experienced" Steven Kohn formed part of the national team representing 3M in breast implant litigation, while James Wood has represented medicine and medical device manufacturers for over 30 years. Colleen Davies heads the litigation department and also appears, as does Stephen Blitch. Michael Scott was fêted for his pharma work and gives the firm a presence in the Philadelphia research, and Paul Llewellyn heads the UK practice and is one of the most highly regarded individuals in London.

Ian Dodds-Smith of Arnold & Porter LLP received more votes than any other individual in London, and is one of the leading practitioners in this field worldwide. Four further US based colleagues join him in these pages. Senior counsel Peter Grossi and Peter Bleakley appear in DC alongside "fantastic litigator" Robert Weiner.

Sedgwick Detert Moran & Arnold LLP is another Californian firm to prosper, and has been a fixture in this field since the 1950s. The "outstanding" Kevin Dunne leads a contingent of four partners in the following pages. Ralph Campillo has successfully tried cases on behalf of Pharmacia, Baxter Healthcare, Merck and Greyhound; Michael Healy stood out for both regulatory and liability issues, and Gregory Read is "superb" according to his peers.

Drinker Biddle & Reath LLP's four-strong contingent hail from three states, with managing partner Charles Preuss in San Francisco rated "A +" by our sources. Tom Campion is a "terrific litigator", while his colleague in the New Jersey office Susan Sharko is "fantastic for pharma". John Dames in Chicago is head of the products liability and mass tort practice group and a "worthy inclusion on a list of the best".

Elsewhere, Kaye Scholer LLP's practice in this area was the subject of repeated recommendation. Jay Mayesh co-chairs the group and has represented clients such as Baxter Healthcare, Pfizer and American Motors, which has garnered him a "brilliant reputation". His fellow co-chair Steven Glickstein is similarly well regarded. David Klingsberg completes the trio from New York, and the "extremely good" William Hoffman gains entry in the DC section.

Skadden Arps Slate Meagher & Flom LLP also has three of its New York lawyers listed and four overall. Sheila Birnbaum in particular scored particularly highly, and has "got to be on everyone's list". One of the most highly nominated individuals in the entire research, she co-heads the complex mass tort and insurance group and is revered for securing a victory for State Farm Mutual Automobile Insurance Company, when the US Supreme Court reversed a $145 million punitive damages award against the company. Barbara Wrubel is of counsel to the firm and "one of the most knowledgeable individuals in the US". Mark Cheffo also appears in NY, and Raoul Kennedy is one of the most highly regarded individuals in California.

Nelson Mullins Riley & Scarborough LLP is particularly well regarded and ranks among the leading firms worldwide for this work. David Dukes in South Carolina is "one of the best in the business", and his colleague Stephen Morrison is a "master of all trades". Edward Mullins is known for his "encyclopedic knowledge", while Richard North in Atlanta is rated for his representation of medical device and heavy machinery manufacturers.

Also in Atlanta, the "wonderful" Chilton Davis Varner is one of three partners to appear from King & Spalding LLP. She is national coordinating counsel and lead trial counsel for GlaxoSmithKline in litigation involving GSK's antidepressant Paxil, and earned sufficient nominations to appear among the leading individuals worldwide. Christy Jones of Butler Snow O'Mara Stevens & Cannada PLLC in Mississippi is another "legend", and recently led the team from the firm which served as lead counsel in the successful defence of the first product liability case brought against Johnson & Johnson.

Sidley Austin LLP is "extremely impressive" in this field. Sara Gourley stands out for her pharmaceutical, medical device and blood products liability litigation and is viewed as "one of the leading authorities worldwide." Also in Chicago, Michael Davis is "excellent", while Debra Pole in Los Angeles was the recipient of high levels of nominations. Picked out for her expertise in relation to silicone breast implant, diet drug and other pharmaceutical and medical device litigation, she is a "real asset to her firm".

INTERNATIONAL

Outside the States, several further firms earn recognition. Blake Cassels & Graydon LLP is home to the two most highly nominated individuals in Canada; Mary Jane Stitt and
Gordon McKee. Stitt's litigation skills were repeatedly brought to our attention, while McKee received more nominations than any other Canadian lawyer. With experience in the pharmaceutical and medical device, automobile and consumer products industries he is "formidably talented", both in the courtroom and in relation to product warnings and recalls.

Lovells and Freshfields Bruckhaus Deringer LLP share the spoils outside the US with six featured partners apiece. The former is home to two of London's most highly regarded individuals.
Rod Freeman is a "very effective lawyer", known for his expertise across a range of industries and also for advising on product safety regulation, risk management and product recalls. John Meltzer is head of the firm's product liability network and also stands out, recognised for his work in the UK, EU, US and beyond. Ina Brock leads the practice in Germany and is among the country's leading experts, while Thomas Rouhette and Francesca Rolla occupy a similar position in France and Italy respectively. Lovells can also offer a leading individual in the Hong Kong research through the inclusion of Allan Leung.

Freshfields Bruckhaus Deringer LLP's three London based lawyers give it a larger contingent than any other UK firm, and Paul Bowden in particular stood out in the voting. With a further presence in Germany and two featured partners in Spain, the firm is a "major presence" in this field.

Clayton Utz leads Australia's busy legal market in this sector, with the "spectacular" Stuart Clark one of three nominees from the firm. Colin Loveday is a "big hitter" and similarly highly rated, while Jocelyn Kellam's litigation expertise is complemented by an "unrivalled knowledge" of product recalls. Allens Arthur Robinson is similarly well regarded with three nominees, and Peter O'Donahoo in particular is rated as "outstanding". His experience encompasses tobacco, pharmaceuticals, chemicals, motor vehicles, aerospace components, mobile telephones (electromagnetic field radiation) and mechanical devices.

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