Joseph J. Ortego
Partner
Practice Group Leader, Products: Class Action, Trade & Industry Representation
NP Trial Leader

Practice Areas

Experience

Joseph Ortego is a nationally recognized trial attorney with over 30 years of experience. His practice focuses on providing critical litigation and business solutions to publicly traded companies of all sizes. As the Chair of Nixon Peabody’s Products: Class Action, Industry & Trade Representation Practice Group, Mr. Ortego has defended cases for major corporations ranging from financial institutions to automotive and chemical companies. These cases also include Fortune 100 commercial, environmental, and toxic tort cases.

Most recently, Mr. Ortego was named Leader of the firm's NP Trial Team, an international team of the firm's most successful and experienced trial lawyers. Overall, Mr. Ortego has tried more than 100 cases to verdict for major privately-held and public corporations ranging from financial institution to petro-chemical companies. He serves as national trial counsel for a number of clients who desire a consistent approach to class action and aggregate litigation matters filed in multiple jurisdictions. He has significant experience in commercial disputes and toxic tort, environmental, employment, intellectual property, products, and insurance matters. Mr. Ortego’s clients include; Exxon Mobil, Wal-Mart, Daimler Trucks, Shell, Avis,Varian Medical Systems, Johnson Controls, Eurocopter, The Monsanto Company, Lockheed Martin, Pfizer Inc, and Northrop Grumman.

In addition to Mr. Ortego's years of litigation experience he is also a well known instructor of trial techniques at the ABA TIPS National Trial Academy, a diverse program combining the latest technology with the country’s top trial lawyers as faculty members and personal mentors, along with Supreme Court justices, professors, and trial judges from state and federal courts. He is also an instructor at NITA – National Institute of Trial Advocacy. He has authored numerous publications and serves on the editorial board of The Practical Litigator and has been the regular featured toxic torts columnist in "Mealey's Emerging Toxic Torts."

Mr. Ortego is a member of the American Law Institute, the American Bar Foundation, and the American Board of Trial Advocates. He has earned the Martindale-Hubbell Law Directory’s AV rating, the Directory's highest accolade. He has also been recognized in the 2009 edition of New York Super Lawyers for his exceptional standing in the legal community.

Mr. Ortego is a member of the firm's Diversity Action Committee and an active supporter of the Hispanic community with his Pro Bono work and membership on several Board of Directors. Mr. Ortego’s overall pro bono efforts within his community earned him Touro Law Center's recognition as "Pro Bono Attorney of the Year." He is Past President of the Hispanic Bar Association and General Counsel of the Long Island Hispanic Chamber of Commerce. In addition, Mr. Ortego currently serves as the 1st Vice President of Adults and Children with Learning Disabilities (ALCD) and has done so for the past 4 years.

Earlier in his legal career, Mr.Ortego worked as a New York County (Manhattan) assistant district attorney serving in the Felony Trial Bureau and Homicide Units where he investigated and tried complex and high-profile felony and homicide cases to verdict.

Publications

“Coordination of Mass Tort Proceedings,” The Practical Litigator, March 2008, Joseph J. Ortego, James W. Weller, and Aaron S. Halpern

“The Lawyer’s Evolving Role As … IT Specialist?” The Practical Litigator, January 2008, Joseph J. Ortego, Scott P. Eisenberg

“Coordination of Mass Torts in State Court,” The New York Law Journal, September 10, 2007, Joseph J. Ortego, James W. Weller

“Putting Plaintiff to the Test: The Crashworthiness Doctrine,” Law Journal Newsletters, Product Liability, Law & Strategy, Volume 24, Number 11, May 2006, Joseph J. Ortego, James W. Weller, Santo Borruso

“Limitations on the Manufacturer’s Duty to Warn: New Developments and Idiosyncratic and Allergic Reactions,” Product Safety & Liability, January 16, 2006, Joseph J. Ortego, Aaron S. Halpern

“Products Liability and the Elements of Science: Admissibility of Expert Testimony in New York and Other Frye States,” American Bar Association, Tort Trial & Insurance Practice Law Journal, Volume 41, Number 1, Fall 2005, Joseph J. Ortego, James W. Weller

“Forum-Specific Early Case Evaluation in Products Liability Cases,” The Practical Litigator, March 2005, Joseph J. Ortego, Lindsay R. Maleson

“Early Case Evaluation in Motor Vehicle Product Liability Litigation,” BNA Products Liability and Safety Reporter, July 12, 2004, Joseph J. Ortego, Samuel Goldblatt, Santo Borruso

“Under Attack: Professionalism in the Practice of Law,” The Practical Litigator, July 2004, Joseph J. Ortego, Lindsay Maleson

“The Pendulum Swings Again: Advertising or Promotion under the Lanham Act,” For the Defense, Defense Research Institute, Inc., March 2003, Joseph J. Ortego, Joseph J. Conklin

“Rewards and Risks of Aggressive Advertising,”The New York Law Journal, October 21, 2001, Joseph J. Ortego, Joseph J. Conklin

“UCC Commentary: Aggressive Posture Once Litigation Begins to Pay Off for Lender,” The Banking Law Journal, March 1998, Joseph J. Ortego, Evan H. Krinick

Speeches and Other Oral Presentations

“Coordination of Multi-Plaintiff, Multi-Jurisdictional Food Liability Matters,” Defense Research Institute (DRI), Food Liability Seminar, Chicago, Illinois, May 8-9, 2008

“Avoiding Massive Damage Awards in Mass Litigation,” Defense Research Institute (DRI) Damages Seminar, Las Vegas, Nevada, March 27, 2008

“Restrictive Covenants and Employment Litigation Issues and Strategies,” 10th In-House Attorney Roundtable Event, Syosset, NY, March 2008

“Coming Together to Achieve the Dream – Diversity and the Legal Profession,” Nassau County Bar Association, Mineola, New York, January 15, 2008

“Presentation on Emerging Trends in Agreements,” New York, New York, January 14, 2008

“Corporate America as the Driving Force Behind Big Law Diversification,” ACC Conference, Chicago, IL, October 29, 2007

“The Lawyer’s Evolving Role As … IT Specialist?” Monday Night Ethics Program, Nixon Peabody LLP, Jericho, NY, October 15, 2007

“How to Produce Electronic Data under the Rules and Conducting Forensic Analysis under the New Rules,” National Business Institute, Melville, NY, July 24, 2007

“Post Zubulake, Compliance is No Longer an Option,” The Network of Trial Law Firms, Pebble Beach, Florida, April 22, 2007

“Under Attack: Professionalism in the Practice of Law,” American Bar Association’s 2003 Emerging Issues in Motor Vehicle Product Liability Litigation, Phoenix, Arizona, March 28-30, 2007

“E-Discovery,” Theodore Roosevelt Inns of Court, February 8, 2007

“New Amendments to Federal Rules of Civil Procedure: Electronically Stored Information, E-Discovery and More,” ALI-ABA Law Review, Washington, DC, December 7, 2006

“E-Discovery: You Thought You Heard The Last Word,” “Post Zubulake, Compliance Is No Longer An Option,” The Network of Trial Law Firms, Palm Beach, Florida, November 4, 2006

“E-Discovery: You Thought You Heard The Last Word,” The Network of Trial Law Firms, Litigation Management SuperCourse 2005, Kiawah Island, South Carolina, November 10-13, 2005

“Incivility: An Insult to the Professional and the Profession,” Monday Night Ethics, Nixon Peabody LLP, Garden City, New York, October 23, 2006

“Common Mistakes in Contracts,” PestSure Loss Prevention Meeting, Chicago, Illinois, September 20, 2005

“Retaining Employees: Practical Tips for Avoiding Litigation,” National Union’s Law School for Managers, Boston, Massachusetts, September 20, 2005

“Idiosyncratic Reactions: A Limitation on the Duty to Warn,” Program Co-Chair of the American Law Institute-American Bar Association’s Tenth Annual Advanced Course of Study for Plaintiff and Defense Bars, Pharmaceutical and Medical Issues, San Francisco, California, August 18-19, 2005

“E-Discovery: You Thought You Heard The Last Word,” Network of Trial Law Firms, Litigation Management in a New York Minute, New York, New York, August 5, 2005

“The Elements of Science: Admissibility of Expert Testimony in New York and other Frye States,” American Bar Association, 2005 Emerging Issues in Motor Vehicle Product Liability Litigation, Phoenix, Arizona, March 31-April 1, 2005

“Early Evaluation – Defense Perspective,” The Network of Trial Law Firms, Seminar Chair, Beverly Hills, California, January 27-31, 2005

“Has Arbitration Lost its Way? A Practitioner’s Perceptive on Dispute Resolution Choices,” The Network of Trial Law Firms, Seminar Chair, Miami, Florida, October 22, 2004

“Early Case Evaluation in Motor Vehicle Product Liability Litigation,” American Bar Association, 2004 Emerging Issues in Motor Vehicle Product Liability Litigation, Phoenix, Arizona, March 18, 2004

“Arbitration/Mediation in Claims Involving Financial Services: A View from the Trenches: What Works, What Doesn’t,” Presentation to AIG Technical Services, New York, New York, March 8, 2004

“Lessons Learned in the Trial of Product Liability Matters,” The Network of Trial Law Firms, Las Vegas, Nevada, February 6, 2004

Teaching

Lectured trial advocacy at the Benjamin N. Cardozo School of Law in New York and serves as an instructor for the National Institute of Trial Advocacy (1990 to present).

Admissions

Mr. Ortego is admitted to practice in New York and before the U.S. District Courts for the Northern, Southern, and Eastern Districts of New York; the Second, Third, Fifth, Sixth, and Ninth Circuits of the U.S. Courts of Appeals, and the Supreme Court of the United States.

Education

Boston University School of Law, J.D.
Syracuse University, B.A., cum laude

Affiliations

• American Board of Trial Advocates (ABOTA), 2003–present
• National Hispanic Bar Association, Past Regional President, Founders Circle
• ALI-ABA Board for Continuing Education, Budget & Diversity Committees
• Network of Trial Law Firms (NTLF), Chairman, 2006–present
• ABA/TIPS–National Trial Academy, Mentor and Faculty, 2005–present
• Defense Research Institute (DRI), Member, Former Co-Chair, Clinical Ecology Committee
• National Association of Securities Dealers, Arbitration Panel
• Early Neutral Evaluation Panel, U.S. District Court for the Eastern District of New York
• Product Liability Advisory Council, Inc. (PLAC), Sustaining Member
• New York Bar Association
• The Long Island Hispanic Chamber of Commerce (LIHCC), Member, Board of Directors, General Counsel
• Adults and Children with Learning and Development Disabilities (ACLD), Member, Board of Directors, Secretary