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JOSEPH J. ORTEGO

Joseph Ortego is the Practice Group Co-Leader of Nixon Peabody’s Commercial Litigation Practice, as well as the chair of NP Trial®, an international team of the firm’s most successful and experienced trial lawyers. He represents major private and publicly traded companies and their executives, having tried over 100 cases to verdict in both federal and state courts throughout the country and has successfully represented clients before arbitration tribunals around the world.

What do you focus on?

With over thirty-five years of litigation and business experience, I help my clients, from Fortune 500 to start-ups, resolve their matters early, on their terms.

Commercial Litigation

My clients’ legal needs are as diverse as the industries they operate in. They want a lawyer who is familiar with all legal aspects of their industry. My clients call on me to defend them in complex litigation and class actions involving a broad range of issues, such as securities, shareholders’ and contract disputes, labor and employment and intellectual property, as well as handle regulatory and compliance issues particular to certain industries such as aviation, financial services, life sciences, pharmaceuticals, food and beverage and insurance.

Products Liability

Recently, my team secured a unanimous jury verdict in El Paso, Texas, state court for global aviation manufacturer Eurocopter, S.A.S. and its Texas-based distributor, American Eurocopter Corporation. After a three-week trial, the twelve-member jury rejected the plaintiffs’ product defect theories against our clients and fully exonerated the Eurocopter product. Click here to read the full story.

I regularly represent clients in health effects litigation and recent successes include matters involving toxic tort, food and beverage, environmental, medical device and pharmaceutical litigation.

Insurance

In addition to my wide-ranging litigation experience, I have extensive experience representing U.S. and international insurance and re-insurance clients. I have developed a deep understanding of the insurance industry through the multitude of diverse matters I have handled and serve as coverage counsel for several of the world’s largest insurers.

Class Actions

I routinely serve as national trial counsel for a number of clients who desire a consistent approach to class action and aggregate litigation matters in multiple state and federal courts.

What do you see on the horizon?

As technology evolves, companies are facing a new set of legal challenges manifesting themselves in both litigation and regulatory activities. We partner with clients, leveraging our successful trial and litigation experience, to develop innovative strategies to proactively address the issues presented by this new age.

Publications and Presentations

  • “Inside the Courtroom - Consumer v. Food Company, What to Expect During an ‘All Natural’ Case,” The Food & Beverage Marketing & Advertising Law Summit, Chicago, IL, September 15, 2014
  • “The Good, the Bad, the Ugly: What’s Trending in Social Media,” AIG, December 2013. (Co-presenter)
  • “Government Surveillance: Privacy is Dead.  Get Over It”, The Network of Trial Law Firms, Litigation Management in a New York Minute, New York, NY, August 9, 2013
  • “The Thin Lines Between Zealous Advocacy, Incivility, and Punishable Misconduct,” Suffolk Academy of Law CLE Program, Hauppauge, NY, October 11, 2012
  • “Early Case Assessment,” The Network of Trial Law Firms, Litigation Management in a New York Minute, New York, NY, August 10, 2012
  • “Ethical Considerations for Litigators and Trial Attorneys,” 2012 National Trial Academy, American Bar Association/American Board of Trial Advocates (ABOTA), Reno, NV, April 16, 2012
  • “Practical Solutions for Effectively Managing Outside Counsel Fees: The Case for Alternative Fee Arrangements,” Hispanic National Bar Association’s 3rd Annual Corporate Counsel and 17th Annual Uvaldo Herrera Moto Court Competition, Jersey City, NJ, March 30, 2012
  • Pre-Conference Group Meet-Up, 16th Annual Drug and Medical Device Litigation Conference, New York, NY, December 5–7, 2011
  • “Finding the Right Balance: In-House Lawyer’s Professional Duties vs. Rights as an Employee,” The Network of Trial Law Firms, Laguna Beach, CA, November 4, 2011
  • “Emerging Legal Issues: Social Media and Cloud Computing,” Major Insurance Company, October 25, 2011
  • “Ethics: An In-House Lawyers Professional Duties vs. Rights as an Employee,” The Network of Trial Law Firms, New York, NY, August 5, 2011
  • “Ethical Considerations in the Automotive Product Liability Context,” American Conference Institute, Automotive Product Liability Litigation, Chicago, IL, June 22, 2011
  • “Early Evaluation Defense Perspective,” Presentation to Lancer Claims Service, Los Angeles, CA, April 5, 2011
  • “Walking a Thin, Grey Line: The Differences Among Incivility, Zealous Advocacy, and Punishable Misconduct,” 2011 Emerging Issues in Motor Vehicle Product Liability Litigation, Phoenix, AZ, March 31, 2011
  • “Contracts, Risks & Parasites: Don’t Let the Bed Bugs Bite,” The Associated Pest Services Association, San Antonio, TX, February 10, 2011
  • “Getting the Job— What Do You Want From Me?” CLE Program, Nassau County Bar Association, Mineola, NY, November 22, 2010
  • “Procedural Tactics for Managing and Defending Against Mass Torts Product Liability Claims,” American Conference Institute’s Master Class, New York, NY, September 30, 2010
  • “Ethical Considerations in the Automotive Product Liability Context,” American Conference Institute’s Automotive Product Liability Conference, Chicago IL, September 23, 2010
  • “E-Discovery: Ethical Considerations for In-House Counsel,” CLE Ethics Seminar, Nixon Peabody LLP, September 14, 2010
  • “The Evolving Law of E-Discovery,” The Network of Trial Law Firms, New York, NY, August 6, 2010
  • “It’s the Economy,” CPS Insurance Company, Ltd., Annual General Meeting and Board of Directors’ Meeting, Southampton, Bermuda, June 15, 2010
  • “Incivility: An Insult to the Professional and the Profession,” Orientation Presentation to New Attorneys, Appellate Division, Second Department; Nassau Supreme Court, Mineola, NY, June 11, 2010
  • “The Evolving Law of E-Discovery,” The Network of Trial Law Firms, Phoenix, AZ, April 23, 2010
  • “The Thin Lines Between Zealous Advocacy, Incivility, and Punishable Misconduct,” Emerging Issues in Motor Vehicle Product Liability Law, Phoenix, AZ, April 9, 2010
  • “Defending Goliath: How to Represent a Corporation Before a Jury in a Weakened Economy,” ABA Corporate Counsel CLE Seminar, February 11–14, 2010

Media Clips

  • Lawyers' New Practice Invites Second-Guessing
    Crain's Chicago Business | November 15, 2013
    Products: Class Action, Trade & Industry Representation practice group leader and leader of the firm’s NP Trial® team Joe Ortego discusses the firm’s Second Opinion service.
  • Reading the Witness
    Long Island Business News | June 7, 2013

    Products: Class Action, Trade & Industry Representation practice group leader Joe Ortego discusses the use of expert witnesses.

  • The Thin Lines Between Zealous Advocacy, Incivility, and Punishable Misconduct
    The Brief | November 1, 2012

    Products: Class Action, Trade & Industry Representation practice group and NP Trial leader Joe Ortego authored this article for the Fall issue of this American Bar Association publication.

Press

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