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WWL Ranking: Global Elite Thought Leader
Thought Leaders Global Elite - Product Liability Defence 2021

Q&A

WWL Ranking: Global Elite Thought Leader

WWL says

The “excellent” Colin Loveday is a “fabulous attorney” and “a leading light in this field”. Sources note, “He works on the highest-profile matters in product liability litigation internationally.” 

Questions & Answers

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 in-house counsel and lawyers in the US, Canada and Europe in the co-ordinated defence of multinational claims. His defence work includes a variety of prescription products and medical devices, infrastructure failures, financial products and other consumer products. 

What do clients look for in an effective litigator?

An effective litigator ensures that their clients are prepared for the vagaries of the litigation process. They manage risks mindful of their client’s needs and commercial interests. They are clear communicators and they have a nuanced approach when the time comes for the adversarial contest.

How has covid-19 affected all steps of the litigation process and clients’ interest in litigation more broadly? How are you navigating these changes?

The most immediate impact has been on the court lists and timetables. Overnight we had to change to conducting court appearances remotely. Not a major issue for directions hearings or case management matters and some of our courts were well equipped and managed it well. However, it has caused a degree of disruption for longer hearings and trials. Travel restrictions have hindered trial preparation and the ability for international witnesses to give evidence in person. Video links are problematic when there is the need for detailed discussions about highly technical issues or when lengthy cross examination is required. Recently, it took me a month to get an affidavit sworn by an EU-based witness because of social distancing and consulate closures. Special practice rules enabled us to proceed at the hearing with an unsworn version, but the court properly insisted on having the affidavit notarised before judgment could be delivered. 

How has your work in the pharmaceutical and medical sectors been affected by the covid-19 pandemic?

The regulatory side of our practice has been kept very busy assisting clients wishing to introduce novel PPE and supply new treatments. I suspect there will be much to be done when these new treatments are deployed, and vaccines become available.

Last year, the High Court of Australia removed the power of the courts to make common fund orders. How far has this affected the interest of third-party funders in Australian class action cases? 

Despite the High Court decision and somewhat to my surprise the issue of whether CFOs may be made and, if so, at what stage of the proceeding is still being debated and is far from settled. It is too early to tell where this will all end up.

The Australian government has recently signalled the potential introduction of contingency fees. How might this affect class-action litigation in Australia? 

Plaintiff lawyers are now permitted to charge contingency fees in class actions commenced in the Supreme Court of Victoria and for those fees to be borne by group members. This will make that Court the class action forum of choice for claimants. It remains to be seen whether the Australian government and other state governments follow suit. This an unfortunate development but no doubt my view reflects my defence-oriented practice.

What challenges do litigators face over the next few years and how are you planning to handle them?

There are many challenges for those engaged in commercial litigation particularly in representative class-action claims. Advances in technology have done wonders for communications and all forms of commerce and finance but the volume of electronic communications and the dreaded forward button have created all manner of problems for discovery in class actions. Extensive discovery is inevitable in class actions. However, because we now have electronic court rooms, electronic court books, and sophisticated document management and storage systems, we go to trial with an unduly burdensome document set and end up with an unnecessary number of exhibits. We need to get better with document management.

What key traits and skills would you encourage the next generation of litigators to develop?

A thorough knowledge of legal procedure and a deep appreciation of legal principle. An ongoing interest in international legal developments. We live in an increasingly global economy and there is so much that can be learned from our international colleagues. Breadth of thought, but brevity of expression. 

You have enjoyed a very distinguished career so far. What would you like to achieve that you have not yet accomplished?

I have always enjoyed my work with international colleagues many of whom are now good friends. It has certainly made me more interested and aware of international issues and this, in turn, has created an interest to work with an international agency such as the United Nations. I am sure there is much I could learn.

WWL Ranking: Thought Leader

WWL says

Colin Loveday is a deeply experienced litigator, renowned for his wide-ranging practice encompassing class actions, complex commercial litigation and product liability claims.

Questions & Answers

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 in-house counsel and lawyers in the US, Canada and Europe in the coordinated defence of multinational claims. His defence work includes a variety of prescription products and medical devices, infrastructure failures, financial products and other consumer products. 

What do clients look for in an effective litigator?

An effective litigator ensures that their clients are prepared for the vagaries of the litigation process. They manage risks mindful of their client’s needs and commercial interests. They are clear communicators and they have a nuanced approach when the time comes for the adversarial contest.

How has covid-19 affected all steps of the litigation process and clients’ interest in litigation more broadly? How are you navigating these changes?

The most immediate impact has been on the court lists and timetables. Overnight we had to change to conducting court appearances remotely. Not a major issue for directions hearings or case management matters and some of our courts were well equipped and managed it well. However, it has caused a degree of disruption for longer hearings and trials. Travel restrictions have hindered trial preparation and the ability for international witnesses to give evidence in person. Video links are problematic when there is the need for detailed discussions about highly technical issues or when lengthy cross-examination is required. Recently, it took me a month to get an affidavit sworn by an EU-based witness because of social distancing and consulate closures. Special practice rules enabled us to proceed at the hearing with an unsworn version, but the court properly insisted on having the affidavit notarised before judgment could be delivered. 

How has your work in the pharmaceutical and medical sectors been affected by the coronavirus pandemic?

The regulatory side of our practice has been kept very busy assisting clients wishing to introduce novel PPE and supply new treatments. I suspect there will be much to be done when these new treatments are deployed, and vaccines become available.

Last year, the High Court of Australia removed the power of the courts to make common fund orders. How far has this affected the interest of third-party funders in Australian class action cases? 

Despite the High Court decision and somewhat to my surprise the issue of whether CFOs may be made and, if so, at what stage of the proceeding is still being debated and is far from settled. It is too early to tell where this will all end up.

The Australian government has recently signalled the potential introduction of contingency fees. How might this affect class action litigation in Australia? 

Plaintiff lawyers are now permitted to charge contingency fees in class actions commenced in the Supreme Court of Victoria and for those fees to be borne by group members. This will make that Court the class action forum of choice for claimants. It remains to be seen whether the Australian government and other state governments follow suit. This is an unfortunate development but no doubt my view reflects my defence-oriented practice.

What challenges will litigators face over the next few years and how are you planning to handle them?

There are many challenges for those engaged in commercial litigation particularly in representative class action claims. Advances in technology have done wonders for communications and all forms of commerce and finance but the volume of electronic communications and the dreaded forward button have created all manner of problems for discovery in class actions. Extensive discovery is inevitable in class actions. However, because we now have electronic court rooms, electronic court books, and sophisticated document management and storage systems, we go to trial with an unduly burdensome document set and end up with an unnecessary number of exhibits. We need to get better with document management.

What key traits and skills would you encourage the next generation of litigators to develop?

A thorough knowledge of legal procedure and a deep appreciation of legal principle. An ongoing interest in international legal developments. We live in an increasingly global economy and there is so much that can be learned from our international colleagues. Breadth of thought, but brevity of expression. 

You have enjoyed a very distinguished career so far. What would you like to achieve that you have not yet accomplished?

I have always enjoyed my work with international colleagues, many of whom are now good friends. It has certainly made me more interested and aware of international issues and this, in turn, has created an interest to work with an international agency such as the United Nations. I am sure there is much I could learn.

Global Leader

WWL Ranking: Global Elite Thought Leader

WWL says

Colin Loveday is a titan of the life sciences market who is highlighted as “top of the class for complex product liability matters” and “the leader of the best team in Australia”.

Biography

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 in 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 on the board of directors of the International Association of Defense Counsel, a member of the IADC, 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.

Litigation 2020

Professional Biography

WWL Ranking: Recommended

WWL says

Colin Loveday is a deeply experienced litigator, renowned for his wide-ranging practice encompassing class actions, complex commercial litigation and product liability claims.

Biography

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 practised as a barrister in New South Wales between 1985 and 1990, when he became a partner at Clayton Utz.

Colin is a former board member of the directors of International Association of Defense Counsel, a member of 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.

Product Liability Defence 2020

Professional Biography

WWL Ranking: Global Elite Thought Leader

WWL says

The “excellent” Colin Loveday is a “fabulous attorney” and “a leading light in this field”. Sources note, “He works on the highest-profile matters in product liability litigation internationally.” 

Biography

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 in 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 on the board of directors of the International Association of Defense Counsel, a member of 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.

National Leader

Australia - Life Sciences 2020

Professional Biography

WWL Ranking: Recommended

WWL says

Colin Loveday is a titan of the life sciences sector. He is renowned for his remarkable knowledge of class actions. 

Biography

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 in 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 on the board of directors of the International Association of Defense Counsel, a member of the IADC, 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.

Australia - Litigation 2020

Professional Biography

WWL Ranking: Recommended

WWL says

Colin Loveday enjoys a stellar reputation for his extensive commercial litigation experience and his niche in product liability claims. 

Biography

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 in 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 on the board of directors of the International Association of Defense Counsel, a member of the IADC, 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 Ranking: Recommended

WWL says

Colin Loveday is a distinguished litigator, renowned for his outstanding expertise in class action proceedings involving complex consumer product claims.

Biography

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 in 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 on the board of directors of the International Association of Defense Counsel, a member of the IADC, 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.

Features by Colin Loveday

Product Liability Defence 2018: Roundtable

Product Liability Defence 2018: Roundtable

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