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

“Ascertainability” in pharmaceutical and medical device cases

Defense Research Institute | September 04, 2019

Complex Commercial Disputes partner Vivian Quinn and associate Tracey Scarpello, both of the Buffalo office, co-wrote this article in the Defense Research Institute’s publication, analyzing the impact of the ascertainability requirement on pharmaceutical and medical device class actions.

Facebook lawsuit underscores importance of transparent collection and use of data

Rochester Business Journal | January 25, 2019

Rochester Corporate partner Jeremy Wolk wrote this contributed column analyzing a lawsuit filed against Facebook in Washington, DC, alleging violations of state-level consumer protection laws by the social media company. This article incorporates perspective from an alert written by Washington Complex Commercial Disputes associate Brian Donnelly, Rochester Corporate associate Jenny Holmes, and Los Angeles Government Investigations & White Collar Defense associate Karina Puttieva.

CVN's Top 10 most impressive defense verdicts of 2018

Courtroom View Network | January 11, 2019

Nixon Peabody’s trial victory on behalf of client Daher-Socata has been selected as one of the 10 most impressive defense verdicts of 2018 by Courtroom View Network. Long Island Complex Commercial Disputes partner Joe Ortego led the NP team.

Miami lawyer steers plane manufacturer away from $15M lawsuit

Daily Business Review | December 16, 2018

Long Island Complex Commercial Disputes partner Joe Ortego is mentioned in this article as part of the successful defense team for Daher-Socata Aerospace in a $15 million suit regarding the safety of its plane.

Defense Bar gives 1st Circuit an 'A+' for its order on uninjured class members

National Law Journal | October 23, 2018

Litigation Department head and Manchester partner Scott O’Connell is quoted in this story discussing a recent decision by the 1st Circuit Court of Appeals that is “a welcome development for those of us on the defense side” of class-action cases.

Consumer protection – preemption – eyedrops

Massachusetts Lawyers Weekly | August 27, 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 26, 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 21, 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 25, 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 24, 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.

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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