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Colin Loveday
Firm:
Office:
Level 15
1 Bligh Street
NSW 2000
City:
Sydney
Country:
Australia
Tel:
+61 2 9353 4193
Fax:
+61 2 8220 6700

Questions and Answers:

Who's Who Legal Thought Leaders: Product Liability Defence 2017

Colin Loveday is one of the senior partners in the Clayton Utz product liability group. Colin has been intimately involved in the development of Australia’s product liability laws and in the majority of products class actions. His defence work includes a variety of pharmaceuticals and medical devices. Colin has worked extensively with in-house counsel and lawyers in the US, Canada and Europe developing international defence strategies.

What inspired you to enter the legal profession?

I wish I could say that I was inspired to enter the legal profession. Instead, I more or less took a path of least resistance. However, once I began to practise law, I was immediately struck by the intellectual challenge, the cut and thrust of litigation, and the constant opportunities to learn and work with others. I still skip to work – most days.

How does your team distinguish itself from others in the market?

We are very clear about what we regard we can do well, and equally honest about those things we cannot provide properly or do well. We never pretend to be something we are not and always play to our strengths.

As head of the national product liability group, what will be your main priorities over the next year regarding its development?

Encouraging and fostering talent within our legal team. Keeping abreast of important and significant developments in the life sciences sector

What advice would you give to younger practitioners who hope to one day be in your position?

Be passionate and enjoy the intellectual challenges of understanding the nuances of the consumer protection law, and appreciate the international nature of product liability defence work.

What qualities make a successful product liability defence lawyer?

If you are always looking to improve your knowledge of the law; not afraid of some hard work; and strive to understand and achieve your clients’ objectives, then you will be well placed to succeed. It is demanding but very rewarding work.

What is the greatest challenge currently facing the life sciences sector?

My views on this will differ from those who work in product development and the commercial operations in life science companies. As a lawyer acting for the life sciences sector, I am increasingly concerned about the current regulatory system’s capacity to cope with the incredible advances in the life sciences sector and the commensurate rate of these changes. This is of particular significance in pricing and the calculus of risk assessment.

With the rise in cost-consciousness and diffi culties around funding, many lawyers have noted a drop in product liability litigation. Is this something that has affected the life sciences sector?

I have not observed a drop in product liability litigation or claims. Indeed, since the introduction of the Australian Consumer Law I think there has been a steady increase. I have not seen the same increase of litigation or claims in the life sciences sector but that is explained, in part, by other issues such as those referenced in the previous question.

With new technologies rapidly evolving, how does your firm ensure that it provides clients with up-to-date and well-informed regulatory counsel?

A question of this kind directed to me will produce much mirth in my team. I am known to be not good with technology. So I leave this to others who are much better informed than me to keep abreast of these rapidly evolving technologies. I am then gently guided and directed.

Biographies:

Who's Who Legal Life Sciences: Product Liability

Colin Loveday is a senior partner in the Clayton Utz product liability and class actions group. He is an experienced trial lawyer with particular expertise in the defence of class actions and complex commercial disputes. He has worked extensively with defence lawyers in other jurisdictions in the coordinated defence of multinational mass tort claims.

Over the past two decades, Colin has been intimately involved in the development of Australia's product liability laws and in the majority of class actions and mass tort cases in this area. His defence work includes a variety of prescription products and medical devices, infrastructure failures, financial products and other consumer products. Colin is internationally recognised for his work in the field of drug and device litigation. He has worked extensively with in-house counsel and lawyers in the US and Europe developing international defence strategies and working with international expert witnesses.

Colin also has a special interest advising manufacturing, pharmaceutical and medical device clients on regulatory requirements, clinical trials, labelling and advertising issues, product recalls and hazard alerts and priorities management issues. He practiced as a barrister in New South Wales between 1985 and 1990, when he became a partner at Clayton Utz.

Colin is a member of the International Association of Defense Counsel, the Australian Product Liability Association and the Defense Research Institute, and is former chair of the product law and advertising committee of the International Bar Association.

WWL says: Colin Loveday is recognised as one of the foremost product liability litigators in Australia. Sources say: “He is preeminent, with great legal skills and experience, and is excellent on complex product matters.”

This biography is an extract from Who's Who Legal: Life Sciences which can be purchased from our Shop.

Who's Who Legal Australia - Life Sciences

Colin Loveday has over 25 years’ experience defending complex multi-plaintiff claims involving representative actions and is internationally recognised for his expertise and industry-leading experience in product liability law and class actions. Colin has led the defence team in some of Australia's largest and most complex class actions and in doing so, has worked extensively with in-house counsel and lawyers in the US and Europe, developing international defence strategies and working with international expert witnesses.

Colin has a commanding track record in defending class actions and has been actively involved in the running of trials in the last 15 years. He has extensive experience in defending and resolving class actions, whether by having them struck out at an early stage, running representative trials to resolve critical issues or implementing resolution schemes. He understands the tactical and procedural nuances of class action litigation and works with clients to develop strategies to address them. He is also engaged to provide strategic advice to boards and senior executives in relation to high-level issues and tactics.

Colin has a special interest advising manufacturing, pharmaceutical and medical device clients on regulatory requirements, clinical trials, labelling and advertising issues, product recalls and hazard alerts and priorities management issues. He practised as a barrister in New South Wales between 1985 and 1990, when he became a partner at Clayton Utz.

Colin is a member of the International Association of Defense Counsel, the National Product Liability Association and the Defense Research Institute and is former chair of the product law and advertising committee of the International Bar Association.

WWL says: Colin Loveday is a “responsive and very knowledgeable practitioner, with great legal skills and experience”. This includes significant expertise in complex class action disputes in the pharmaceutical and medical device industries. 

This biography is an extract from Who's Who Legal: Australia which can be purchased from our Shop.

Who's Who Legal Litigation: Lawyers

Colin Loveday has over 20 years' experience defending complex multi-plaintiff claims involving representative actions, and is internationally recognised for his expertise and industry-leading experience in product liability law and class actions. Colin has led the defence team in some of Australia's largest and most complex class actions and, in doing so, has worked extensively with in-house counsel and lawyers in the US and Europe, developing international defence strategies and working with international expert witnesses.

Colin has been involved in the defence of matters involving regulatory authorities, infrastructure failures, financial products and services, pharmaceuticals and medical devices. He has extensive experience in defending and resolving class actions, whether by having them struck out at an early stage, running representative trials to resolve critical issues or implementing resolution schemes. He understands the tactical and procedural nuances of class action litigation and works with clients to develop strategies to address them. He is also engaged to provide strategic advice to boards and senior executives in relation to high-level issues and tactics.

Colin practised as a barrister in New South Wales between 1985 and 1990, when he became a partner at Clayton Utz. He is a member of the International Association of Defense Counsel, the National Product Liability Association and the Defense Research Institute, and former chair of the product law and advertising committee of the International Bar Association.

WWL says: Colin Loveday is praised as “a leading lawyer, particularly in the product liability space”, and also handles a range of commercial and class action litigation.

This biography is an extract from Who's Who Legal: Litigation which can be purchased from our Shop.

Who's Who Legal Australia - Litigation

Colin Loveday has over 20 years' experience defending complex multi-plaintiff claims involving representative actions, and is internationally recognised for his expertise and industry-leading experience in product liability law and class actions. Colin has led the defence team in some of Australia's largest and most complex class actions and, in doing so, has worked extensively with in-house counsel and lawyers in the US and Europe, developing international defence strategies and working with international expert witnesses.

Colin has been involved in the defence of matters involving regulatory authorities, infrastructure failures, financial products and services, pharmaceuticals and medical devices. He has extensive experience in defending and resolving class actions, whether by having them struck out at an early stage, running representative trials to resolve critical issues or implementing resolution schemes. He understands the tactical and procedural nuances of class action litigation and works with clients to develop strategies to address them. He is also engaged to provide strategic advice to boards and senior executives in relation to high-level issues and tactics.

Colin practised as a barrister in New South Wales between 1985 and 1990, when he became a partner at Clayton Utz. He is a member of the International Association of Defense Counsel, the National Product Liability Association and the Defense Research Institute, and former chair of the product law and advertising committee of the International Bar Association.

WWL says: Colin Loveday is listed for his skills in product liability litigation. His class action expertise and longstanding presence at the top of the market consolidate his position as “the best by a long way”.

This biography is an extract from Who's Who Legal: Australia which can be purchased from our Shop.

Who's Who Legal Product Liability Defence

Colin Loveday has over 25 years’ experience defending complex multi-plaintiff claims involving representative actions and is internationally recognised for his expertise and industry-leading experience in product liability law and class actions. Colin has led the defence team in some of Australia's largest and most complex class actions and in doing so, has worked extensively with in-house counsel and lawyers in the US and Europe, developing international defence strategies and working with international expert witnesses.

Colin has a commanding track record in defending class actions and has been actively involved in the running of trials in the last 15 years. He has extensive experience in defending and resolving class actions, whether by having them struck out at an early stage, running representative trials to resolve critical issues or implementing resolution schemes. He understands the tactical and procedural nuances of class action litigation and works with clients to develop strategies to address them. He is also engaged to provide strategic advice to boards and senior executives in relation to high-level issues and tactics.

Colin has a special interest advising manufacturing, pharmaceutical and medical device clients on regulatory requirements, clinical trials, labelling and advertising issues, product recalls and hazard alerts and priorities management issues. He practised as a barrister in New South Wales between 1985 and 1990, when he became a partner at Clayton Utz.

Colin is a member of the International Association of Defense Counsel, the National Product Liability Association and the Defense Research Institute and is former chair of the product law and advertising committee of the International Bar Association.

WWL says: Colin Loveday once again emerges as one of the global thought leaders in the product liability defence space. Sources consider him a “top-notch, knowledgeable and pleasant lawyer”.

This biography is an extract from Who's Who Legal: Product Liability Defence which can be purchased from our Shop.

Who's Who Legal Australia - Product Liability Defence

Colin Loveday is a senior partner in the Clayton Utz product liability and class actions group. He is an experienced trial lawyer with particular expertise in the defence of class actions and complex commercial disputes. He has worked extensively with defence lawyers in other jurisdictions in the coordinated defence of multinational mass tort claims.

Over the past two decades, Colin has been intimately involved in the development of Australia's product liability laws and in the majority of class actions and mass tort cases in this area. His defence work includes a variety of prescription products and medical devices, infrastructure failures, financial products and other consumer products. Colin is internationally recognised for his work in the field of drug and device litigation. He has worked extensively with in-house counsel and lawyers in the US and Europe developing international defence strategies and working with international expert witnesses.

Colin also has a special interest advising manufacturing, pharmaceutical and medical device clients on regulatory requirements, clinical trials, labelling and advertising issues, product recalls and hazard alerts and priorities management issues. He practiced as a barrister in New South Wales between 1985 and 1990, when he became a partner at Clayton Utz.

Colin is a member of the International Association of Defense Counsel, the Australian Product Liability Association and the Defense Research Institute, and is former chair of the product law and advertising committee of the International Bar Association.

WWL says: Colin Loveday is “the leader of the practice” and a world leader for life sciences product liability. Sources praise him for his “outstanding client service” and his depth of expertise in the area.

This biography is an extract from Who's Who Legal: Australia which can be purchased from our Shop.

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