McDermott Will & Emery LLP remains a popular choice among energy, agrichemical and life sciences clients seeking representation in the defense of high-profile toxic tort/environmental claims. Many of these are in the form of large-scale aggregated litigation, with the firm able to amass cohesive multi-office teams working with clients on cases brought in federal and state courts throughout the country, including in traditionally-plaintiff-friendly jurisdictions. In this context, the firm is not only able to drive the overarching litigation strategy, frequently achieving notable victories at the motions stage, but also has the courtroom firepower to succeed in high-profile trial situations. A testament to the firm’s skill in the area is the longevity of its client relationships, with clients including ExxonMobil choosing the firm as national strategic and trial counsel in class action, mass tort, environmental and product liability cases litigated in state and federal courts throughout the country. New York-based litigator James Pardo has been at the forefront of this work, representing not only ExxonMobil but alongside Lisa Gerson, who is also based in New York, the entire petroleum industry in relation to their past use of MTBE in reformulated gasoline. Splitting his time between Washington DC and Miami, team head Anthony Upshaw is also a key member of the team and continues to try cases for Monsanto/Bayer in relation to alleged PCB contamination and on Roundup-related matters.

Legal 500 Editorial commentary

Key clients

American Petroleum Association
BDO
NCAA
ExxonMobil
DECRA Roofing Systems
Monsanto
Bayer

Work highlights

Represented ExxonMobil in more than 500 class action, mass tort, environmental and product liability cases litigated in state and federal courts across the country.
Representing Monsanto in relation to multiple venue products liability mass tort actions related to the manufacture, sale and distribution of polychlorinated biphenyl (PCB).
Advising Monsanto/Bayer in the Roundup litigation.

Lawyers

Leading partners

The strongest partners in their field, leading on market-leading deals and endorsed by peers and clients alike.

Anthony Upshaw

McDermott Will & Emery LLP

Anthony (Tony) Upshaw represents clients on product defense, class action, mass tort and complex civil litigation. Over the course of his career, Tony has tried more than 30 civil jury trials to verdict. Tony is a Fellow in the American College of Trial Lawyers. Often asked by clients and colleagues to “step into the breach” as trial counsel, he has been recognized nationally for his ability to relate to juries around the country. Tony frequently speaks at various legal association functions, particularly on issues surrounding voir dire, trial technique and diversity in the courtroom. He was a featured speaker at the Union Internationale des Avocats (UIA) Congress in Paris, France, presented the “Hot Topics in Product Liability Litigation” at the DRI Conference in New Orleans, and testified at the hearings for the American Bar Association (ABA) Presidential Diversity Summit in Boston. Please visit McDermott website for full biography: https://www.mwe.com/people/upshaw-anthony-n/

James Pardo

McDermott Will & Emery LLP

Partner James (Jim) Pardo has more than twenty years of trial and litigation experience representing clients in complex commercial, mass tort, product liability and class action cases. Jim's litigation and trial skills have resulted in a long track record of victories across a diverse range of disputes, including defective fuel products, breach of contract, biotech research fraud, personal injury, patent infringement, groundwater contamination and renewable fuels issues. Jim has particular knowledge in the energy industry, having represented major oil companies, natural gas developers, renewable fuel manufacturers, and oil field service providers in all of the aforementioned subject areas. For further details of Jim's biography, please view McDermott website: https://www.mwe.com/en/team/p/pardo-james-a

Practice head

The lawyer(s) leading their teams.

Anthony Upshaw

Other key lawyers

James Pardo, Lisa Gerson

Key clients

Work highlights

Lawyers

Practice head

Other key lawyers

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