Products: Class Action, Trade & Industry Representation



We protect and preserve your brand, product and reputation with our deep industry experience and proven trial lawyers—in and out of the courtroom.

Our Approach

Protecting our clients and their products is our highest priority.

Companies that make products come to our team to avoid disputes or resolve them quickly in order to get back to business.

With a deep understanding of your business and industry, we partner with you proactively to review industry standards and government regulation compliance. We advise on improvements in product testing, warnings and recordkeeping to reduce ongoing litigation and avoidance of future lawsuits.

Litigation is expensive and unpredictable.

Our team controls costs without compromise. We begin with an early case evaluation to form an educated assessment of litigation risks. We staff our cases efficiently using scalable teams and employ state-of-the-art case management tools.

We know how to talk to juries and have the experience to jump in and handle a client’s case at a moment’s notice, regardless of the subject matter.

With extensive experience in class action, multijurisdictional and multidistrict litigation, we have successfully tried high-exposure cases to verdicts in some of the most challenging venues across the country. We are recognized by general counsel in the BTI Litigation Outlook 2016 as one of the top three “powerhouse” firms for product liability litigation.

Our full-service 24/7 Crisis Response team guides clients through accident investigations and high profile crises.

Who we work with

Product manufacturers of every kind including those in the following industries:

  • Pharmaceutical and Medical Device/Life Sciences
  • Aviation
  • Petro-chemical
  • Energy
  • Food, Beverage & Agriculture
  • Industrial & infrastructure products and services
  • Power systems products and services

Consumer protection – preemption – eyedrops

Massachusetts Lawyers Weekly | August 28, 2018

Litigation Department head Scott O’Connell is mentioned in this case summary for his role as co-counsel for a group of pharmaceutical companies. The companies successfully defended a suit by a class of customers seeking to force changes to the design of the companies’ eyedrops bottles.

1st Circuit says challenge to Rx eyedropper size preempted

Law360 | August 27, 2018

Nixon Peabody is mentioned in this article as co-counsel for a group of pharmaceutical companies who won dismissal of a First Circuit class-action suit regarding the design of their eyedrop bottles.

Plaintiffs firms in State Street probe in talks to settle with special master

National Law Journal | August 22, 2018

Boston Government Investigations & White Collar Defense partner Brian Kelly is quoted in this story on his ongoing representation of Thornton Law Firm in a dispute over billing in a securities class action case.

Attorney cites 1st Circuit in seeking contempt in Biolitec IP case

Law360 | April 26, 2018

Albany commercial litigation partner Bill Reynolds is mentioned in this story for his representation of AngioDynamics Inc. in an ongoing dispute with Biolitec AG.

GSK Zofran users bicker over scope of patient discovery

Law360 | April 25, 2018

Boston government investigations and white collar defense partners Mark Seltzer and Brian French are mentioned in this story for their representation of pharmaceutical company GlaxoSmithKline in a lawsuit brought by users of its anti-nausea medication Zofran.

CPSC's rare 10th Circ. loss gives boost to magnet industry

Law360 | November 29, 2016

This story is about a Tenth Circuit decision to vacate the Consumer Product Safety Commission’s (CPSC) ruling on small, high-powered magnets.  Long Island commercial litigation partner Jim Weller is quoted discussing how challenging it can be for a company to take on a high-powered government agency.

Why even insured businesses should beware TCPA violations

Law360 | November 08, 2016

Albany commercial litigation associate Leah Bojnowski authored this column about how the Third Circuit recently held that a business’s commercial general liability insurance policy does not cover a TCPA settlement and the implications this has for business owners.

Product Liability Regulation & Legislation: Midyear Report

Law360 | July 30, 2016

Buffalo commercial litigation associate Tracey Scarpello is quoted in this piece discussing FDA labeling with regard to nutritional facts and regulations under the Food Safety Modernization Act.

Wearable Fitness Tracking Devices: The Resolution of Claims

Product Liability Law & Strategy | April 01, 2016

The first installment of a two-part column authored by New York City partners Chris Mason and Kristin Jamberdino deals with the timely issue of resolving claims centered upon fitness trackers and other personal monitoring devices.

Colo. Court Further Affirms Design Defect Preemption

Law360 | January 07, 2016

New York Commercial Litigation associate Paul Stinson explains the precedent set in Colorado that will be of value for aviation defendants who find themselves litigating in forums that recognize federal preemption of the field of aviation safety.

Contacts

Joseph J. Ortego

Partner
Chief Diversity Officer
Vice-chair, Litigation Department
Chair, NP Trial®
Leader, Aviation

jortego@nixonpeabody.com

Phone: 212-940-3045

Vivian M. Quinn

Partner
Deputy Practice Group Leader, Products: Class Action, Trade & Industry Representation
Co-leader, Food, Beverage & Agribusiness

vquinn@nixonpeabody.com

Phone: 716-853-8134

  • Recognized by U.S. News-Best Lawyers 2016 as a national Tier 1 leader for Mass Tort Litigation/Class Actions—Defendants
  • BTI Litigation Outlook 2016
  • BTI Litigation Outlook 2015 Report
    • One of 11 standout product liability litigation firms nationwide
  • Legal 500
  • Benchmark: Litigation/Appellate
  • LMG Life Sciences – Product Liability
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