Most Highly Regarded Firms: Product Liability Defence 2010

• July 2010

• Product Liability Defence

Our research has revealed 336 experts in 34 jurisdictions who can be considered to be leaders in the area of product liability law.

International Firms

Shook Hardy & Bacon LLP is the clear leader in our research with 14 individuals listed. Harvey Kaplan is the winner of our Product Liability Lawyer of the Year Award for the third time while Shook Hardy & Bacon LLP wins the Product Liability Law Firm of the Year Award for the sixth time. Harvey Kaplan chairs the firm’s pharmaceutical and medical device litigation division and is the most highly nominated individual in our research. He is based in Kansas City, with six other listed lawyers, including the “prominent” Gregory Fowler and Walter Cofer who is “a well-known trial lawyer”. Victor Schwartz is an “eminence grise” in the product liability area and is based in Washington, DC, where he is known for his legal writing and lobbying. In California, Frank Rothrock brings over 30 years of mass tort litigation experience to the table and Michelle Fujimoto, also in the firm’s Irvine office, is “excellent – particularly when it comes to expert and science work”. Shook Hardy and Bacon also has a London office where Simon Castley, who is the most highly rated product liability lawyer in the United Kingdom, has led one client in particular “through some very challenging British claims, and has always done so in a very ethical, cost-efficient manner”.

Hogan Lovells fields eight lawyers across seven jurisdictions – a truly international spread. John Meltzer is “one of the top product liability lawyers in Europe” and is head of the firm’s international product liability network. The “skilled litigator” Patrick Sherrington is also listed in London, as is Rod Freeman, who has been appointed to the Product Liability Advisory Council in the US and has handled Europe-wide product recalls. Ina Brock, based in Munich, is head of the Hogan Lovells German product liability practice and co-head of its international life sciences practice group. According to one corporate source, she is “known as the go-to person for any product case in Germany and beyond and is creative and tenacious”. Thomas Rouhette is head of the firm’s French dispute resolution practice and specialises in aviation, automotive, consumer goods and telecommunications while in Washington, DC, James Hourihan is “experienced” and “a reliable counsel”.

Reed Smith LLP garners six inclusions in these pages. The “terrific” Michael Brown in Los Angeles is head of the life sciences health industry practice group and represents clients such as Medtronic, Pfizer, Merck & Co, Schering-Plough Corporation and 3M. One interviewee said that Steven Kohn in Oakland is “my lawyer of choice when referring work”. Paul Llewellyn in London is head of the UK product liability group and known for his use of ADR techniques in resolving large-scale disputes.

Freshfields Bruckhaus Deringer LLP also earns six inclusions from three of its European offices. In London, Paul Bowden is “well known”, particularly for his work on advising power and telecommunications companies on health-related issues. Jonathan Isted and John Blain are also listed in London, while Dietmar Knopp at the Frankfurt office is “one of the leading German product liability lawyers”.

United States

The US dominates our research for this practice area, both in terms of the overall number of inclusions and the number of practitioners on our list of the most highly regarded individuals. Christy Jones is one of three Butler Snow O’Mara Stevens & Cannada PLLC lawyers listed in Ridgeland, Mississippi, and the head of that firm’s pharmaceutical, medical device and healthcare industry group and represents clients such as Johnson & Johnson, Merck & Co and Janssen Pharmaceutica. She received glowing praise from several interviewees who say she “would be on everyone’s shortlist as a trial lawyer” and “brings honour to the profession”.

Nelson Mullins Riley & Scarborough LLP gains four inclusions. David Dukes is the firm’s managing partner and one peer said of him that he is “one of the most likeable people I’ve seen in front of a jury”. Two of his colleagues are also listed from Columbia, South Carolina; Stephen Morrison is “one of the best product liability lawyers in the country” while Edward Mullins is “an extremely knowledgeable trial lawyer”. Richard North in Atlanta is “a real specialist in the area”.

Sheila Birnbaum is one of five lawyers from Skadden Arps Slate Meagher & Flom LLP included in these pages. She is “a wonderful legal strategist” and has represented clients such as Anheuser-Busch Companies, Pfizer and Chrysler Corporation. She is the co-head of Skadden’s complex mass tort and insurance group with John Beisner in Washington, DC, who is “great when it comes to defence work in class actions”. The “outstanding” Barbara Wrubel is also listed in New York as is Mark Cheffo. Raoul Kennedy in San Francisco has represented 3M, among others, and is “an impressive litigator”.

“One of the best product liability boutique firms in the country”, Wheeler Trigg O’Donnell LLP gains three inclusions, all of them in Denver, Colorado. Malcolm Wheeler is ”very well versed in nationwide product litigation”. John Trigg is “excellent” and his clients include the likes of Wyeth, Toyota and Ford Motors, while Hugh Gottschalk is national trial counsel to Mercedes Benz.

Sidley Austin LLP earns three inclusions. Debra Pole is “one of the finest lawyers in California” and leads the practice group for product liability and mass torts. In Chicago, Michael Davis is “terrific and would be on anybody’s shortlist” while Sara Gourley is “a doyenne of pharma defence work”.

Nina Gussack at the Philadelphia office of Pepper Hamilton LLP is “strategic counsel, more than just a lawyer and has a great team” according to one source. She is the chair of both the health effects litigation practice group and the firm’s executive committee. The “eminent” Edward Madeira is also included from this firm.

Edward Sledge III is included from McDowell Knight Roedder & Sledge LLC in Mobile, Alabama with two colleagues. He is “very active in the product liability bar nationally” and Archibald Reeves IV and William Roedder are also included from this “well known firm”.

Rest of the World

Stuart Clark from Clayton Utz is the most highly nominated Australian product liability lawyer and is based in Sydney. He is the national managing partner of the firm’s dispute resolution practice. He has defended clients such as GD Searle & Co and Monsanto Corporation, Sydney Water Corporation and St Jude Medical. Colin Loveday “has comprehensive knowledge” while Jocelyn Kellam is “impressive – particularly when it comes to food and pharma litigation”.

The “fantastic” Ian Dodds-Smith in London is one of three Arnold & Porter lawyers to be included. He is co-head of the firm’s food, drug and medical devices practice group and the head of its European product liability practice group. His clients include Du Pont, Schering, Wyeth, Sanofi-Pasteur and SmithKlineBeecham.

Gordon McKee is the most highly nominated product liability defence lawyer in Canada and “has a knack for finding solutions to products problems”. He is listed from Blake Cassels & Graydon LLP in Toronto with his colleague Mary Jane Stitt.

Roddy Bourke of McCann FitzGerald in Dublin is the leading Irish product liability lawyer and one commenter said that he is “an excellent litigator and a lawyer I would not hesitate to recommend”.

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