Morocco,South Africa,Australia,China,Hong Kong SAR
China,Japan,Korea,New
Zealand,Singapore,Thailand,Austria,Belgium,Czech
Republic,Denmark,Finland,France,Germany,Hungary,Ireland,Italy,Luxembourg,Netherlands,Norway,Poland,Portugal,Romania,Slovak
Republic,Spain,Sweden,United
Kingdom,Argentina,Chile,Mexico,Peru,Bahrain,Oman,Qatar,UAE,Canada,Puerto
Rico,United States
Every day, life sciences companies are improving
outcomes and changing lives. Litigation can disrupt this
progress and cut to the core of your business.
We’re here to help. With bold solutions to every
challenge, we partner with clients across the life
sciences industry to quickly mitigate, limit, and
resolve claims and disputes.
Our global team of lawyers in 40+ countries guide clients
through some of the most complex and challenging disputes
and litigation in the Life Sciences industry. These
include government investigations and contractual
disputes, product liability claims, antitrust, class
actions, mass tort claims, and multidistrict
litigation.
Our litigators are well versed in science – we craft
legal strategies informed by both legal knowledge and
scientific nuance. Many of our team members are scientists
by training, with PhDs or other advanced scientific
degrees, and can translate technical facts to judges,
juries, and expert witnesses – an advantage in
trials.
Their strength is that they work as a team. They know their
strengths and bring people in for all areas of mass torts,
from science experts to coordinators.
Client, Chambers USA 2021
At every step of the product and regulatory lifecycle, we
can advise on protecting your reputation, products, and
revenue streams, particularly products under patent
protection.
From enhanced AI capabilities to decentralized clinical
trials, new technologies and processes are changing the
nature of liability and risk. Combined with pricing and
distribution issues, and increased enforcement activity,
today’s challenges require modern solutions. We
provide a coordinated approach across practice areas and
jurisdictions and innovative legal advice. We’ll
work closely with you to solve issues in emerging areas of
law and develop flexible solutions that protect your
business and maintain your competitive edge. This includes
using our best-in-class AI tool, Aiscension, to help you
identify the risks of prohibited, anti-competitive cartel
activity.
With a focus on achieving success through early actions
and disposition of claims, we navigate the complexities
and subtleties of life sciences litigation to protect our
clients and strengthen the law. From advising the
world’s leading medical device company to achieving
groundbreaking legal victories for pharmaceutical clients,
our teams consistently resolve claims and bring mass torts
to an early end.
Awards and recognition
Experience
After nearly 8 years and more than 300 cases filed, we
achieved a huge mass tort litigation victory for Novo
Nordisk. The plaintiffs alleged they had developed
pancreatic cancer as a result of taking Victoza, a
diabetes medication. The MDL and CA state courts
excluded all of the plaintiffs’ general
causation experts and concluded that the FDA would not
have allowed Novo to include a pancreatic cancer
warning on the Victoza label. The plaintiffs settled
their claims against all manufacturers other than
Novo. This is an important victory both for Novo and
for the industry, preserving the robust causation
ruling and its preemption holding in a challenging
jurisdiction for pharmaceutical
defendants.
We are co-national counsel for Sanofi for litigation
and regulatory issues relating to Zantac (ranitidine),
a common heartburn medication, which allegedly
contains and/or is contaminated with NDMA, a possible
carcinogen. Our team is primarily responsible for the
class action cases, a CA state Prop 65 case, and
expert development and science issues in the
litigation. The personal injury cases include claims
for failure to warn, design and manufacturing defects,
negligence, breach of express and implied warranties,
violation of consumer protection laws, unjust
enrichment, loss of consortium, and wrongful
death. The class cases allege putative state and
nationwide classes, and claim RICO violations,
Magnuson-Moss Warranty Act, state consumer protection
and deceptive trade practices acts, as well as claims
for common law fraud, unjust enrichment, battery,
breach of warranties, and strict products liability,
among others. We have pending motions to dismiss
remaining claims of an economic loss class action
complaint, seeking refunds of the purchase price of
Zantac, and a medical monitoring class action
complaint.
With our team, as lead strategic and global
coordination counsel in mass tort litigation involving
Essure, a discontinued implantable contraceptive
device for women, Bayer resolved approximately 90% of
the Essure claims and for an amount significantly less
than what may have resulted from receiving adverse
verdicts at trial. Our role has expanded into global
coordinating counsel across 12 countries, resulting in
a 100% success rate with more than 80 favorable
outcomes from trial and appellate courts in France,
Brazil, Spain, and Canada, and illustrates how we are
on the cutting edge of global product liability and
mass tort defense.
In hernia mesh litigation for Medtronic, we serve as
co-national counsel for more than 20 different
products, used by surgeons to reinforce hernia repair
surgeries, which differ in materials, size, density,
and other characteristics. The plaintiffs allege
strict liability, negligence, and breach of warranty
claims, and a variety of alleged injuries. Court
proceedings are currently in early stages.
We represent our client in an FCA action brought by an
individual who worked at state clinical research sites
involved in the landmark clinical study of our
client’s COVID-19 vaccine. The individual
plaintiff alleges widespread violations of FDA
regulations governing clinical trials and
falsification of clinical trial documents and data,
which purportedly tainted the government’s
decisions to authorize and purchase the vaccine. The
US Department of Justice declined to intervene about a
year after filing and the case was unsealed by the
court in early 2022.
Advising a medical device producer in London Court of
International Arbitration (LCIA) proceedings seated in
London against a former distributor.
Advising Merck in the first ever EU and UK “pay
for delay” cases on reverse payment patent
settlement agreements.
Advising a healthcare provider on a global due
diligence review of distributors to ensure compliance
with international anti-bribery laws. This included
designing, providing and reviewing responses to due
diligence assessments completed by distributors.
Advising a leading multinational operating in the
medical device sector on judicial and extrajudicial
contentious matters relating to civil product
liability.