Adam S. Tolin is counsel in the Firm’s Litigation Department, and his areas of concentration include complex commercial litigation and product liability. Mr. Tolin has significant experience at trial, having recently served as trial counsel in a $1 billion arbitration, and played a key role representing Philip Morris, ESPN, Inc., AstraZeneca, and Wyeth in seven different jury trials that all resulted in defense verdicts.
Mr. Tolin served as trial counsel defending a major energy company in a $1 billion confidential arbitration involving a complex construction project that resulted in a complete defense verdict. Mr. Tolin cross-examined key plaintiff witnesses during the four-week hearing presided over by three former judges, and conducted the direct exam of the lead defense witness. At the close of the plaintiff case, Mr. Tolin successfully argued for directed verdict on a $100 million claim. During discovery, Mr. Tolin took and defended over twenty fact and expert depositions and argued numerous motions.
Most recently, in February 2016, Mr. Tolin was on the trial team that scored a complete defense victory for Philip Morris USA in a three-week trial of a class action medical monitoring claim before a Massachusetts federal jury. Mr. Tolin was responsible for developing the trial strategy, preparing the witnesses to testify, and arguing motions and evidentiary objections during trial. Before trial, Mr. Tolin took and defended key expert depositions. In 2011, he also served as a key member of the trial team that, after a four-month trial, secured a separate defense verdict for Philip Morris USA in a claim for more than $455 million in economic damages brought by 37 Missouri hospitals against six tobacco companies. The defense verdict was recognized by The American Lawyer as a “resounding victory” for Philip Morris. Mr. Tolin argued pre-trial motions, including motions to exclude certain plaintiffs’ experts and to bifurcate the trial, and argued evidentiary issues during trial. He also played a significant role readying the defense on the claim for economic damages, including preparing the first expert to testify for the defense.
Most recently, Mr. Tolin served on a team representing Sanofi in securing the July 2016 dismissal of all claims in Illinois federal court in a putative consumer class action following Sanofi’s global recall of its epinephrine injection product, Auvi-Q.
Other recent trial experience includes a key role in the representation of ESPN, Inc. in securing a significant defense verdict following a three-week trial in 2013 in the Southern District of New York involving more than $150 million in claims brought by Dish Network.
Mr. Tolin played a significant role representing AstraZeneca in the Seroquel litigation, coordinating trial strategy and witness preparation across all aspects of the MDL and state litigations. In 2010, Mr. Tolin was a central member of the trial team that secured a defense verdict in the first trial out of more than 20,000 individual cases alleging that Seroquel causes diabetes. He argued evidentiary issues pre-trial and during trial, and was responsible for preparing company witnesses to testify at trial.
In addition, Mr. Tolin was a member of three different trial teams that received defense jury verdicts for Wyeth in In Re: Diet Drugs Litigation. He took depositions in those cases, argued motions, prepared core demonstrative exhibits, and was responsible for preparing expert witnesses to testify at trial.
He also first chaired two Section 1983 prisoner civil rights trials in federal court.