Products Liability/Mass Torts Winner: Skadden, Arps, Slate, Meagher & Flom
"Invest the time to become the authority in it, and don't be afraid to speak up," John Beisner, Jessica Miller and Geoffrey Wyatt said.
May 26, 2020 at 08:00 PM
4 minute read
Describe your firm's approach to litigation and your strategy for building successful teams for trials or other matters. What makes our group unique is our passion and enthusiasm. We don't care about egos or about seniority; all we care about is getting our client the best result possible. This attitude affects every aspect of our work from how we develop case strategies to building our team. It is not uncommon for a partner to call a second-year associate to get a fresh approach to an issue or argument, or defer to a younger attorney's strategy. We are successful because everyone in our group is equally engaged and influential and we all listen to and learn from each other.
Discuss the two biggest products liability/mass torts litigation cases your firm worked on in 2019 and how you reached successful outcomes. Johnson & Johnson faced a lawsuit seeking $5 billion in damages by a woman who alleged that baby powder use caused her to develop ovarian cancer. We handled the trial in a notoriously plaintiff-friendly jurisdiction, with very loose evidentiary rules that allowed plaintiffs to change experts at the last minute and introduce evidence about a recent voluntary product recall. Undeterred by the bad odds, we focused on the science, urged the jury to think for itself and evaluate the evidence without being influenced by plaintiffs' conspiracy theories, and convinced the jury to return a verdict for J&J. [The firm also represented] eClinicalWorks in a nationwide class action filed by the estates of two patients whose medical records supposedly contained inaccuracies as a result of alleged glitches in eCW's software. We secured a district court dismissal based on lack of standing, and the [U.S. Court of Appeals for the First Circuit] affirmed.
What are the most challenging and satisfying aspects of your work in litigation? One challenge we face is that we often represent companies that have been vilified in the media by plaintiffs lawyers hoping to influence courts and juries. It's not a fair strategy, but it can be highly effective because judges read the news. As a result, we often walk into a court that has preconceived notions about our client. In some ways, though, that is also the most satisfying aspect of our work. We represent companies that make good products, some of which save people's lives. It's very satisfying to persuade judges and juries that our clients are being unfairly maligned.
What is the most important piece of advice you'd share with young lawyers? Make yourself indispensable by finding a niche area that you master and understand fully. Invest the time to become the authority in it, and don't be afraid to speak up. Colleagues and clients will immediately defer to you and value your expertise and skill regardless of your seniority.
Responses submitted by practice leader John Beisner, Jessica Miller and Geoffrey Wyatt, partners in Skadden, Arps, Slate, Meagher & Flom's mass torts, insurance and consumer litigation group. They have several decades of combined experience in handling complex tort and consumer fraud litigation controversies and are also active in litigation reform efforts.
Firm Facts:
Number of Partners in Firm's Litigation Specialty Department in D.C. | 3 |
Number of Associates in Specialty Department in D.C. | 6 |
Number of Other Attorneys in Specialty Department in D.C. | 3 |
Number of Partners in Specialty Department Firmwide | 5 |
Number of Associates in Specialty Department Firmwide | 19 |
Number of Other Attorneys in Specialty Department Firmwide | 10 |
Percentage of Firm Represented by Specialty Department | 2% |
Note: These numbers have been updated, as of May 27, to reflect the attorneys in the firm's products liability/mass torts practice.
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