Product Liability & Mass Tort

At Weil, we team with our clients as strategic partners to protect their businesses, manage their risk, and navigate challenging legal issues. Our close collaboration with and understanding of a client’s business operations, strategies, and culture have enhanced our ability to deliver the best possible service and value. And our clients have come to expect and rely upon our “around the clock” responsiveness, creativity, resourcefulness, and efficiency in tackling their most challenging business problems.

Notable Representations, Key Contacts

Many of our matters involve multi-front challenges and intense media attention, with reputational implications. We are often brought into matters that arise in the context of highly debated scientific, medical, and regulatory controversies as well as social and environmental controversies relating to the safety or effectiveness of a wide range of products – from pharmaceuticals and popular OTC brands to industrial equipment, chemicals, nuclear reactors, and oil and gas products. Our attorneys have considerable experience in navigating these complexities, drawing upon lessons learned from a broad array of matters over many decades, enabling us to advise clients on how to most effectively manage risk and attain their business objectives. We have experience advising clients at every stage of a matter, and can counsel clients as a purely prophylactic measure, at the early stages or onset of an issue, as well as at the “crisis” stage. We appreciate that any given dispute may be just one part of a broader business, requiring a litigation approach that preserves that business while still aggressively pursuing our client’s position.

Try Cases

While we are frequently engaged to represent clients in “bet the company” cases, clients also seek our counsel on matters that are not on the front page of major newspapers but are still significant to their business and reputation. Our work spans the life of a problem and every phase of litigation: from discovery and motion practice through trials and any appeals. Indeed, we have an impressive courtroom record in the defense of matters, both in the United States and worldwide, involving class actions, MDL proceedings, arbitrations, and joint state/federal litigations. Our practice also involves representing clients in investigations by government regulatory agencies, Congressional committees, and state attorneys general.

Creative Exit Strategies

Recognizing that a trial may not always be in our client’s best business interest, we also have engineered a variety of creative exit strategies, including implementing class and non-class settlements in a diverse number of cases. Our clients also turn to us for our judgment in helping to manage risks when an issue is percolating in order to avoid litigation and reach resolutions that make sense for their business.

Project Management

We recognize that a “one size fits all” approach does not provide the value our clients expect or deserve. Our extensive experience and deep bench across practice areas and across global offices provide us with the flexibility to deploy the specific resources warranted for a particular project. This approach allows us to staff our cases in a thoughtful manner and also enables us to manage the delivery of services to reduce overall costs. It has led to a long-standing and proven track record of success in mass tort and consumer actions for some of the world’s most sophisticated public and private companies of all sizes.

Selected Representations

Philip Morris USA

Repsol S.A.

Nortek

Sanofi

ExxonMobil

Procter & Gamble

Toyobo Company, Ltd. And Toyobo America, Inc.

CIT Group

SEACOR Holdings Inc.

Bovis Lend Lease, Inc. – World Trade Center Disaster Site Litigation

Key Contacts

Arvin Maskin

Arvin Maskin

Partner

New York

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Recent Announcement

Weil’s Product Liability and Mass Torts practice is recognized by Legal 500 as one of the best in the United States, including a top 20 ranking in both the areas of Consumer Products and Toxic Tort – Defense, and a top 25 ranking in the area of Pharmaceuticals and Medical Devices – Defense.

Diane Sullivan is “held in high esteem as a ‘real destination lawyer’ and ‘an excellent trial lawyer’” in Chambers Global. She is praised for her “expertise in product liability matters” and “experience in the pharmaceutical space,” and is known for her “ability to make complicated issues understandable.”

Chambers Global

Diane Sullivan is a “Leading” lawyer nationwide for Product Liability & Mass Torts and is currently ranked Band 1 in New Jersey for Products Liability by Chambers USA.

Mr. Maskin, Chair of Weil’s Product Liability and Mass Torts practice, has been recognized as a national “Litigation Star” in this area by Benchmark Litigation since 2009.

Weil is recognized as a “Leading Firm” for Products Liability by Benchmark Litigation 2012-2017

A fundamental priority of all corporations must be to create a culture of risk avoidance and accountability based on nothing less than a form of corporate risk clairvoyance,” which “is fundamentally different from ‘crisis management’…”

Weil Partner Arvin Maskin

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