By Ginger Pigott and Natassia Kwan, Greenberg Traurig
As plaintiffs pursuing medical device and pharmaceutical product liability actions run into various dispositive legal defences to traditional tort claims, such as express and implied preemption, defence attorneys are seeing an increasing trend toward creative pleading in plaintiffs’ efforts to raise potential issues regarding the conduct of health care industry representatives who are either present in surgery or otherwise providing technical support to medical providers.
Who’s Who Legal brings together Leandro Castelli of Marval O’Farrell & Mairal, Peter O’Donahoo of Allens and Quentin Urquhart Jr of Irwin Fritchie Urquhart & Moore to discuss the common sources of defence work, the evolution of the plantiff bar, as well as local regulatory developments.
This year over 500 practitioners are recognised from over 250 firms across 36 countries. In this section we highlight the individuals and firms that stand out as among the most highly regarded in our global research.
The main challenge affecting product liability lawyers today is cost. Clients on both sides of the bar remain conscious of legal fees, with the lack of available funding hitting parts of the plaintiff bar hard and changing the way in which cases are put together and handled. New technology liabilities have been identified as the next big source of work: it’s not known exactly how cases involving 3D printers and driverless cars will be handled. Medical device and pharma cases are still a steady source of work, while regulatory lawyers have seen an increase in compliance-based work. Many of the issues that affected the sector last year are still present, and the addition of new trends in the coming year is likely to see practitioners enjoying an active market.
The 13th edition of Product Liability Defence is the authoritative guide on this legal market, based on over a decade of comprehensive international research. This year, our listings comprise a total of 468 practitioners from 238 firms in 33 countries.
Hogan Lovells’ expansion in this market continues to bear fruit as it boasts the most comprehensive global practice. Arnold & Porter has also developed one of the strongest networks, with market-leading practitioners on the west and east coast of the US, as well as in London.
Litigation firms Gordon & Rees and Sedgwick also distinguish themselves in the US market, while King & Spalding has some of the very best names in the field.
In this section, we also select the top 10 most highly regarded individuals both inside and outside the US.
An increasingly globalised consumer market has led to greater regulatory enforcement across the world. Both consumers and consumer authorities are being more proactive in seeking out liable product manufacturers. This is occurring both inside and outside North America, where the US’s long-standing plaintiff bar and its culture of acute consumer rights awareness are steadily being adopted in other markets. Manufacturers now need to be aware of legal and regulatory developments throughout the world, or face greater liability risks. Ultimately, it is clear from our research that this has led to the broadening of product liability defence lawyers’ practices.
In this section we use the recommendations from clients and peers across the globe to identify 429 lawyers from 223 firms who lead the field worldwide.
Shook Hardy & Bacon once again dominates the listings and grows its contingent this year, while Hogan Lovells, Bowman and Brooke, and Sidley Austin also perform strongly.
We single out 15 US-based practitioners and five individuals elsewhere who are the most highly regarded lawyers in the world in this field.
With the benefit of over 17 years of research and tens of thousands of votes from clients and private practitioners, Who’s Who Legal takes a closer look at developing trends in worldwide product liability defence.
In this section we identify the firms and practitioners who stand out worldwide. Shook Hardy & Bacon dominates this year’s listings, with an outstanding 21 lawyers listed in England, Switzerland and the US. International powerhouse Hogan Lovells fields an impressive 11 lawyers to this edition, with the London office boasting a particularly strong team. US firm Bowman and Brooke has 10 highly regarded lawyers recognised, and “cutting-edge” firm Sidley Austin is well represented by eight star lawyers.
With the benefit of over 16 years of research and tens of thousands of votes from clients and private practitioners, Who’s Who Legal takes a closer look at developing trends in worldwide product liability defence. The world’s top lawyers in this field have enjoyed a profitable year. The high number of lawyers recognised in our research demonstrates that this is a thriving practice area, and is expected to continue to flourish even in the face of financial constraints.
In this section we analyse the findings of our research in greater depth to identify the firms and practitioners who stand out worldwide.
With the benefit of over 15 years of research and tens of thousands of votes from clients and private practitioners, Who’s Who Legal takes a closer look at developing trends in the product liability defence legal marketplace worldwide.
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Nominees have been selected based upon comprehensive, independent survey work with both general counsel and private practice lawyers worldwide. Only specialists who have met independent international research criteria are listed.