Editorial: Product Liability

01 June 2007

This chapter identifies over 298 leading experts from 31 countries. Over two-thirds are based in the United States, and it is here that we begin the analysis of our findings.

Number One Worldwide

Shook Hardy & Bacon LLP was established in Kansas City over a century ago, and has grown into the world’s leading firm for product liability defence work. The firm boasts 10 partners featured in the following pages. Interviewees spoke admiringly of this “prestigious firm” and its “collective expertise across the full range of industries”. It has represented multiple tobacco manufacturers in individual and complex product liability litigation for more than 45 years, defending cases involving pharmaceutical products and medical devices such as blood glucose monitors, defibrillators and heart valves, among others. At their head in the voting is Harvey Kaplan, “the pre-eminent figure in the field”. Chair of the firm’s pharmaceutical and medical device litigation division, Kaplan is the most highly nominated lawyer in the research overall – feted for his litigation work relating to oral contraceptives, hip and knee implants and a range of diet, diabetic and anti-rejection drugs.

Kaplan leads a contingent of six nominees from the Kansas City office. From the same office, chairman of the firm’s national product liability litigation group Gary Long is “outstanding both as an analyst and a trial lawyer”. Particularly wellknown for his work with the tobacco industry, he was national counsel for Philip Morris and Lorillard in the landmark Castano case and has served as national counsel in over 100 class actions. William Sampson was said to be “phenomenal in the courtroom”, and Walter Cofer was rated “A+” by our sources, who remarked that “juries love him”. The sixth lawyer to feature from the firm’s home office is Gregory Fowler, head of international litigation. He is well known for his work on behalf of Philip Morris and is said to be an “absolutely first class practitioner”.

The firm is also represented in three further US states, and has one overseas listing. Victor Schwartz in DC is a “guru” and highly respected by his peers –“everyone knows Victor”, said one. Known for his writing as well as his courtroom work, he is “without question one of the leading authorities in the US”. Frank Rothrock in the Irvine office was praised for his trial and
appellate work, and Edward Moss appears towards the top of the Florida research. Moss was picked out by our sources for his litigation skills, one commenting on his “magic courtroom
voice” in particular. simon castley in the London office is known for his work for domestic, European and US clients as well as in the Middle East and he is joined by Mark Tyler.

American Know-How

The United States is by far the most active market for product liability defence work, as demonstrated by the impressive performance of a number of domestic firms in our research. A number of other firms won high levels of representation in this edition. Reed Smith has six partners from the US and England.

In recent years the firm has obtained favourable jury verdicts on behalf of the manufacturer of a hydraulic truck repair machine, and manufacturers of hip implants, and also in pharmaceutical product liability cases. Steve Kohn from the Oakland office was described as “fantastic” for his national and international work, especially in the pharmaceutical and medical device fields for clients such as American Home Products, Medtronic and Pfizer. From the same office, James Wood is an “acknowledged authority” on medical devices, and Stephen Blitch also received high levels of recognition. Also in California, Michael Brown from the Los Angeles office is known for his work on behalf of Merck & Co, Cyberonics and Eli Lilly & Company. Michael Scott performed well in the Philadelphia research; and, further afield, the firm gains representation in the UK through paul llewellyn, an “excellent litigator for medical device work in particular”.

Close behind in terms of numbers is Sedgwick Detert Moran & Arnold LLP. All five nominees from the firm are based in the US, and are led in the voting by Kevin Dunne, based in San Francisco. A Fellow of the American College of Trial Lawyers, he is “absolutely first rate across a range of disciplines”, including class actions, price fixing and antitrust, as well as product liability defence. He has represented Brown & Williamson Tobacco Corporation, DaimlerChrysler Corporation and Genentech. Ralph Campillo attracted compliments for his work on behalf of Pharmacia Corporation and Baxter Healthcare Corporation. Gregory Read is “seriously good” for aviation-related products work. “Superb trial lawyer” Michael Healy completes the line-up from California. James Conlon in Chicago is described as “just the best” for tobacco, pharmaceutical and medical device work.

Drinker Biddle & Reath LLP ensured itself representation in three states. First among equals is Chuck Preuss from the San Francisco office, a “quite brilliant” lawyer known for his medical, pharmaceutical and toxic substance related work. Preuss is part of a “fantastic team”, which includes Donald Zimmer and two from New Jersey – the “very highly rated” Thomas Campion and “pharma expert” Susan Sharko. The third firm with a quintet of featured partners is Arnold & Porter LLP. The firm has acted as national counsel for Philip Morris in lawsuits seeking to hold the company liable for illnesses allegedly caused by smoking; it also defends lead pigment litigation by governmental entities, class action plaintiffs and individuals. The London office is the strongest suit in terms of nominations. Ian Dodds-Smith, co-head of the food, drug and medical devices practice group and head of the firm’s European product liability practice group, is a “doyen in the field”, regarded as “outstanding for pharmaceutical work”. The “excellent” Peter Grossi leads three lawyers from the DC office. Grossi has served as national counsel for Wyeth in its diet drug litigations. Also worthy of a mention is Peter Zimroth from the New York office, a “formidable litigator” recognised for his work as national counsel for the defendant pharmaceutical manufacturer in In re Diet Drugs products liability litigation.

Other Leading US Players

Impressive expertise is also on offer at Nelson Mullins Riley & Scarborough LLP. David Dukes is rated as “phenomenally good” by our sources, who recognised his work as national trial counsel for companies in the pharmaceutical, computer, and consumer products industries. Also featured from the South Carolina office are Edward Mullins and Stephen Morrison, whose “impressive experience” was commented upon. Morrison has served as lead counsel in more than 20 states, tried more than 240 cases to jury verdict and argued more than 60 appeals in the nation’s highest courts, including the US Supreme Court. Richard North appears in the Atlanta research and completes the firm’s quartet of nominees.

Kaye Scholer LLP also has four lawyers in the US research, led by Jay Mayesh in New York. Co-chair of the product liability group, he has successfully represented clients such as Baxter Healthcare, Pfizer and DaimlerChrysler. Fellow co-chair Stephen Glickstein is particularly well known for his work as lead trial counsel for the fire alarm company in the San Juan Dupont Plaza Hotel Fire litigation, which involved more than 2,000 plaintiffs and 200 defendants. Elsewhere, three of McCarter & English LLP’s lawyers from the Newark office are listed, including the “consistently impressive” Gita Rothschild. Orrick Herrington & Sutcliffe also has four nominees, with a notable inclusion in Moscow (Olga Anisimova) complementing strengths in the US. Kathleen Patterson performed well in the Californian research, while sources also spoke highly of Peter Coll and Daniel Thomasch in New York.

Skadden Arps Slate Meagher & Flom LLP is home to “one of the finest lawyers in the field worldwide”: Sheila Birnbaum. Our sources mentioned her many and varied successes in the courtroom, particularly for State Farm Mutual Automobile Insurance Company, when the US Supreme Court reversed a US$145 million punitive damages award against the company. Barbara Wrubel worked alongside Birnbaum on the successful representation of State Farm Mutual Automobile Insurance Company before the Illinois Supreme Court, obtaining the reversal of a nationwide class action judgment of more than US$1 billion against the company. She is recognised as a “serious player in this field”. Raoul Kennedy stands out on the west coast, and “should feature on any list of the best”.

Jackson, Mississippi is home to another famous name: Christy Jones of Butler Snow O’Mara Stevens & Cannada PLLC – described by one interviewee as “the best I have ever come across”. Particularly well known for her work on behalf of Merck & Co, Jones once again features among the practice area’s elite individuals worldwide. Her colleague Lee Davis Thames also performed well, and was commended to researchers for his “real expertise and wealth of experience” .

In Chicago, head of the international product liability practice group Michael Pope ensures a presence in this book for McDermott Will & Emery LLP. He is currently representing State Farm and Coca Cola in class action litigation in Illinois, and is lead counsel for McDonald’s in an MDL action involving the marketing of its french fries. Sidley Austin LLP has two nominated lawyers in Illinois: Sara Gourley is “excellent” and well known for her work relating to blood products; head of the firm’s product liability and mass tort group Michael Davis is also well regarded. However, the firm’s highest-ranking partner hails from the Los Angeles office. Debra Pole has an “astonishing reputation” across the US for her work as national coordinating counsel for defendants in high profile silicone breast implant and diet drug litigation. She also acts as lead trial counsel in HRT litigation, drug infusion litigation and other pharmaceutical and medical device litigation, and is “one of the best I’ve seen in the courtroom”, according to one source.

In Colorado, Malcolm Wheeler of Wheeler Trigg Kennedy LLP was described as “one of the best appellate lawyers in the country”. His expertise in automotive- related matters is well recognised. Also in Denver, Mary Wells of Wells Anderson & Race LLC was highlighted for her defence of airframe manufacturers.

David Beck is one of two inclusions from Beck Redden & Secrest LLP, and was described as “the best in Houston, the best in Texas and perhaps the best in the whole United States”. His colleague Joe Redden was also judged to be “at the pinnacle of the profession”, and was noted for his work relating to diet drugs and silicone breast implants, as well as for pioneering the development of the medical device pre-emption defence. Two name partners from McDowell Knight Roedder & Sledge LLC in Alabama are also included, with Edward Sledge standing out in particular. Described as “an incredible lawyer” by one source, he is known for his work in the fields of drugs, medical devices, and manufactured products. His colleague William Roedder also performed well in the voting. Campbell Campbell Edwards & Conroy PC is the only firm in Boston with three partners included in the following pages. President of the firm James Campbell is said to be “outstanding”. He serves as trial counsel for Ford, Honda, Toyota and Marriott, among others. Richard Campbell and richard edwards were also identified as leaders by our sources. In Atlanta, Chilton Varner of King & Spalding LLP represents GlaxoSmithKline as national coordinating counsel and lead trial counsel in product liability litigation involving GSK’s anti- depressant Paxil. Varner is said to be “fantastically skilled”.

European Leaders

Lovells stood out in the European research, with four partners included from three countries. Rod Freeman in the London office is the highest rated individual at the firm, a “real specialist in the field” known for his expertise in complex multiple-claimant litigation across a range of industries and also for his knowledge of EU regulations. From the same office, head of the product liability team John Meltzer was strongly commended for his litigation work, particularly in relation to the financial implications of product failures. From the Munich office, Ina Brock was described as “one of the best in Germany”, feted for her blood products litigation in several European countries, as well as work in the automotive, aviation and consumer products industries. The “very good” Francesca Rolla is well regarded in Italy and beyond for her tobacco- related work.

CMS Cameron McKenna has a presence in the London section. Consultant to the firm Christopher Hodges is “one of the brightest guys around” and Pawel Pietkiewicz is the most nominated individual in the Polish research. Across the Irish Sea, the “quite brilliant” Roddy Bourke of McCann FitzGerald is Ireland’s leading product liability lawyer. Bourke has represented the Irish Blood Transfusion Service Board and one of the major tobacco companies in recent years.

Freshfields Bruckhaus Deringer’s most highly nominated partner is also to be found in London. Paul Bowden is said to be a “consummate strategist” and is well known for his liability and recall work. The firm has two further representatives in Spain. Vicente Sierra is currently responsible for the local defence of a major international tobacco manufacturer, and Rafael Murillo has represented Japan Tobacco and Bayer on product liability litigation matters. Uría Menéndez can also offer two partners in the Spain section. Alejandro Ferreres is a “great lawyer”, well known for his tobacco and automotive work, and his colleague in the Barcelona office, Carlos Viladás, also stands out. In neighbouring Portugal, Jorge Santiago neves of Barrocas Sarmento Neves stood out as the leading individual in the country. In Germany our sources spoke highly of Michael Molitoris, the sole representative from Nörr Stiefenhofer Lutz and the country’s most nominated individual, recognised for his product liability and product safety work.

One of the finest firms in the research worldwide is to be found in Australia. Clayton Utz was described as “the number one firm in the country”, and in Stuart Clark it boasts one of the finest lawyers around. Known for his successful defence of the Australian Fen-Phen class action litigation, he is a “giant in this field”. Colin Loveday impressed our sources – “clients think very highly of him and his work”. Loveday is vice-chair of the product law and advertising committee of the International Bar Association. Jocelyn Kellam is known both for her litigation skills, and also for her knowledge of product regulation. Allens Arthur Robinson also performed well. The “very good” Peter O’Donahoo was commended for his tobacco work. Maryjane Crabtree was praised for her litigation work involving a breast implant manufacturer and an asbestos company. Finally, in South Africa Pieter Conradie of Hofmeyr Herbstein & Gihwala Inc has a “stellar reputation” .

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