Most Highly Regarded Firms: California 2009 - Product Liability Defence
The presence of 31 lawyers from 17 firms bears out the vibrancy of California's product liability defendants' bar, which is at the forefront of legal developments in the US.
Reed Smith LLP put in an excellent performance in this year's research. A firm well known for its products practice, it received praise for its "fabulous, well coordinated group that stays ahead of the curve." Respondents to the survey highlighted Reed Smith's strong pharmaceutical and medical device, aviation, consumer product and industrial practice and commented on its life sciences expertise in particular. Chair of the firm's life sciences health industry group Michael Brown "is on everyone's list". He possesses "a great courtroom manner," and has represented clients such as Medtronic, Pfizer, Cyberonics and Eli Lilly. He is representing Medtronic in litigation involving implant devices.
James Wood is "incredibly knowledgeable" and has represented medicine and medical device manufacturers for over 30 years. He is a noted author and interviewees also drew attention to his regulatory work: he serves on a task force developing a national policy for the liability protection and development of vaccines. Steven Kohn's representative clients include high-profile pharmaceutical and medical device clients such as Pfizer, Eli Lilly and United States Surgical Corporation. He formed part of the national team representing 3M in breast implant litigation. Contributors consider him "eminent and very experienced".
Colleen Davies heads Reed Smith's litigation department and her reputation for complex products litigation is "very distinguished." She focuses on representing pharmaceutical, medical device, software, hardware, electronic and consumer product manufacturers. Past cases include acting as national counsel in multi-district litigation regarding recalled heart valve products. Stephen Blitch is "a great litigator", according to sources. He successfully defended the operator of a California nuclear power facility in litigation alleging radiation injuries.
Gordon & Rees LLP is a "fantastic West Coast firm with a respected product liability practice", according to our sources. The group represents chemical companies, and manufacturers of machines, pharmaceuticals and medical devices and even amusement park rides, to name but a few. A former leader of Gordon & Rees' pharmaceutical, medical device and technology group, Jack McCowan still focuses on this area for products litigation and has acted as regional coordinating counsel for a major medical device manufacturer.
Stuart Gordon is the firm's founder and "a dean of the Bar;" especially with respect to his pharmaceutical and medical device work. For almost a decade, he has been the lead West Coast negotiator for Wyeth in the fen/phen litigation and has been local counsel to other clients, whom he has represented in single and multi-party litigation involving products such as Redux, PPA-containing medicines, breast implants and dietary supplements. Class-action "star" Fletcher Alford specialises in medical product liability as well as other complex litigation matters. Cases include his successful defence of a client, challenging a case brought on behalf of children from all over the US claiming that the allegedly defective products caused brain damage.
Thomas Packer is another "fabulous practitioner from this great group." He has worked on cases involving drugs, silica and asbestos, and food, among other matters. He represents the state of California on the defence steering committee for the federal asbestos multi-district litigation, MDL 875. Brian Mooney chairs the firm's drug and medical device group. Considered "a leading figure, both in litigation and regulatory matters", recently he successfully presented argument on the federal pre-emption principle as an issue of first impression in the State of Kansas at trial, appellate and supreme court level.
Interviewees dubbed Sedgwick Detert Moran & Arnold LLP's California product liability group "at the top of the game" and it has had a presence in the area since the 1950s, when it defended Cutter Laboratories in litigation regarding its polio vaccine. In 2008, lawyers from the San Francisco group obtained a dismissal for a construction and mining equipment manufacturer in asbestos litigation. Ralph Campillo tops the firm's tally of nominations. He is a "great trial lawyer" and concentrates on pharmaceutical and medical device litigation, including mass torts. He has represented Pharmacia, Baxter Healthcare and Pfizer, to name but a few. Fellow members of the California products bar consider Kevin Dunne "a fabulous litigator".
The "fabulous" Michael Healy focuses on representing pharmaceutical, medical device and biologic manufacturers in litigation involving regulatory and liability issues. He counsels clients on litigation pre-emptive strategies such as labelling and document management, and has acted for generic pharmaceuticals manufacturer Perrigo, convincing the Northern District of California that plaintiffs' state-law claims against the client were pre-empted under the Food, Drug and Cosmetics Act. Gregory Read is "high-profile, highly experienced, and blessed with a wealth of knowledge", according to sources and is especially well known for his defence of aviation manufacturers in products cases. He has been trial counsel since 1973 for one such manufacturer in actions in numerous Northern California counties.
Who's Who Legal's ‘Product Liability Law Firm of the Year' for the fourth consecutive time, is Shook Hardy & Bacon LLP. In California, its "highly distinguished, dynamic and well-coordinated practice group" is well regarded by competitors. Michelle Fujimoto is "a top flight practitioner," according to our sources. Her pharmaceutical and medical device experience includes representing manufacturers of diet drugs, contraceptives, anti-depressants, heart valves, CT scan injectors and intraocular lenses, among others. Frank Rothrock "has a wealth of experience" in litigation involving dental appliances, pharmaceuticals, ophthalmic instruments and blood analysers, among others, representing clients such as McGhan Medical.
Orrick Herrington & Sutcliffe LLP's "truly excellent" Kathleen Patterson works on matters including pharmaceutical product-related litigation and represents manufacturers in FDA-related sectors. She also represents biologic medical device manufacturers and counsels on product labelling. Her clients include Abbott Laboratories, Bristol-Myers Squibb and General Nutrition Companies. Kathryn Edwards's clients include Aventis, Bayer and Dalkon Shield Claimants Trust. She also has an active counselling practice regarding document management and product labelling in addition to her "distinguished record" of liability litigation, which includes defending class actions and multi-district matters.
Kaye Scholer LLP's "fabulous, very talented litigator," Jan Dodd, comes highly recommended by peers. Before private practice she served as special state attorney general of Missouri in tobacco claims. Pamela Yates's products work encompasses toxic torts, medical device and pharmaceutical claims.
Sidley Austin LLP is home to the "eminent" Debra Pole. She is national coordinating counsel for defendants in high-profile silicone breast implant litigation and diet drug litigation. She is also acting for the manufacturers of masks and respirators in asbestos and silica litigation. Further to this, she counsels companies prior to their launching of new products on the market in the early assessment and resolution of products matters. A new addition at King & Spalding LLP, Donald Zimmer's practice includes litigation involving toxic substances. Recent work includes acting as one of four national counsel in multi-district litigation involving gastro-intestinal medicine. He joined the firm in April 2008 from Drinker Biddle.
Carroll Burdick & McDonough LLP's Justs Karlsons is "a fine lawyer" in the opinion of rivals, who concentrates on the defence of automobile and automotive parts manufacturers including Volkswagen, BMW, Audi and Volvo. Other clients include forklift and other material-handling equipment manufacturers and distributors such as The Raymond Corporation as well as recreational equipment manufacturers including Coleman and Mastercraft.
The "very talented" Daniel Herling at Keller and Heckman LLP has overseen the defence of over 3,000 product liability cases, acting as counsel for medical device, dietary supplement and pharmaceutical companies. Skadden Arps Slate Meagher & Flom LLP's Raoul Kennedy is "a tremendous litigator," with cases such as the 3M breast implant litigation under his belt.
At Morgan Lewis & Bockius LLP, Joan Haratani's experience includes litigation involving artificial hormones, possible contamination of blood products with Hepatitis C and damages allegedly resulting from medical devices. She also acted as lead lawyer in food product litigation. Peers praise her "determined, intelligent and proactive" approach. Firm managing partner Charles Preuss, who concentrates on medical device, pharmaceutical and toxic substance litigation as well as labelling and other preventative issues, represents Drinker Biddle & Reath LLP. His medical device defence work includes litigation involving the Lippes Loop IUD.
Toxic tort practice leader at Steptoe & Johnson LLP Lawrence Riff is "the one to call for chemical-related claims," according to sources. These can include claims of exposure-related cancer, birth defects and major organ disease. In other areas, his recent work includes defending litigation brought by hundreds of plaintiffs alleging damage due to gasoline being released into the environment by an Ohio oil refinery. At Morris Polich & Purdy LLP, Anthony Brazil received praise for his representation of pharmaceutical, medical device and biotech companies. He currently acts for a manufacturer of contact lens solutions as national coordinating counsel, and in relation to matters that include litigation involving arthritis and diabetes medication, devices such as surgical robots and blood gas products.
Frank Silane represents Condon & Forsyth LLP. Recommended by peers as "a stellar aircraft liability lawyer," he has over 35 years of experience in that area. Yukevich Calfo & Cavanaugh is the last firm to appear by dint of James Yukevich's recommendations. "A trial lawyer through and through," he is coordinating counsel and trial counsel for Michelin North America and Michelin Americas Research and acts for manufacturers of pharmaceuticals, automobiles and industrial and consumer products.