Page 52 - NYLJ Professional Excellence 2021
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LITIGATION DEPARTMENT OF THE YEAR:
                                       PRODUCTS LIABILITY/MASS TORTS

                                              DECHERT





















           Q&A      What are some of the department's most satisfy-
                    ing successes of the past year and why? Despite
           the travails and challenges of a tumultuous year, Dechert’s   DECHERT’S 68-LAWYER PLMT GROUP EXCELS AT
           product liability litigation practice adapted quickly to the   THINKING STRATEGICALLY. EVEN MID-CRISIS, WHEN
           new parameters and enjoyed another standout year. In the   CLIENTS FACE CHALLENGES ON ALL SIDES, WE ARE
           pharmaceuticals space, we secured a key Second Circuit deci-  FOCUSED ON HOW BEST TO BRING ABOUT FAVORABLE
           sion on behalf of Pfizer in the Lipitor litigation, winning the   LONG-TERM OUTCOMES. CO-LEADS MARK CHEFFO
           affirmance of a consequential ruling in the Southern District   AND SHEILA BIRNBAUM ARE REGARDED BY BENCH AND
           of New York, in which a federal judge found a number of Lipi-  BAR AS NATIONAL EXPERTS WHO THINK CREATIVELY TO
           tor claims barred by federal preemption and by New York’s   RESOLVE THE MOST COMPLEX CASES. LEADING A GROUP
           three-year statute of limitations. This success followed an   OF SENIOR LITIGATORS WHO DRAW ON AN UNUSUALLY
           important Sargon ruling for Pfizer in California Superior Court   BROAD RANGE OF EXPERIENCE, THEY HAVE SHOWN AN
           expected to result in summary judgment in most Lipitor cases.   ABILITY THIS PAST YEAR TO WIN PIVOTAL RULINGS AND
           The same court also dismissed over 2,000 cases for failing   LANDMARK CASES IN STATE AND FEDERAL COURTS
           to comply with discovery deadlines. Elsewhere, for GSK, we   ACROSS A WIDE RANGE OF BUSINESS SECTORS.
           secured an important win in an MDL in the Southern District
           of Florida centered on allegations that heartburn medication
           Zantac causes cancer. For Purdue, we have continued to lead
           settlement negotiations involving state attorneys general,   tered on allegations that the company had misled consumers
           private claimants, and court-appointed mediators to finalize   about the safety of iPhones. After months of motion prac-
           Purdue’s plan of reorganization and landmark global settle-  tice on all fronts, we secured a complete defense victory in
           ment, which is anticipated to deliver over US$10 billion in   October 2020. We also led the defense for insurer State Farm
           value to help abate the opioid crisis. We have also made   in litigation over COVID-19 business interruption coverage,
           significant headway in the technology and insurance spaces.   winning three wins in quick succession in lawsuits brought
           We scored an important win for Apple in a putative nationwide   by policyholders alleging losses. The August 2020 decision by
           class action in the Northern District of California, which cen-  a Texas federal court to grant Dechert’s motion to dismiss—


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