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North America - United States • Dispute resolution

King & Spalding LLP

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Combining in-depth industry expertise (including many in the team with science/medical backgrounds) with deep product liability litigation prowess in offices throughout the country, King & Spalding LLP remains a very popular choice among leading pharmaceuticals and medical device companies when faced with high-stakes litigation. Many of these matters are large-scale mass torts, where the firm regularly acts as national co-ordinating counsel, effectively mobilizing resources throughout the country, including in New York and Atlanta, to provide an all-encompassing representation throughout the litigation process. Although the firm has more than its fair share of accomplished trial lawyers within its ranks, much of the success it achieves for clients is predicated by its strong strategic sense and ability to dismiss or narrow claims at an early stage. A key part of this success is down to the firm’s ability to leverage science and medical expertise, ensuring that it is very effectively able to challenge plaintiff experts and to work with their own experts providing testimony in depositions. Andy Bayman has ‘great strategic sense’ and along with Robert Friedman  has been acting as national counsel for Boehringer Ingelheim as one of the defendants in the high-profile Zantac litigation. Notably the pair were recently part of the team that helped secure a major victory for defendants in the case with a recent very high-profile Daubert ruling which excluded all of the plaintiffs’ general causation experts and granted summary judgment for the client and co-defendants. Adam Spicer is also an integral member of the Zantac litigation team and as well as handling private litigation is also regularly involved in state Attorney General actions. Todd Davis  is a ’very skilled trial attorney’, and has over the years been instrumental to many high-profile life sciences-related trial successes, in part due to his accomplished cross-examination skills of plaintiffs’ key causation and medical expert witnesses at trial and in deposition. In New York, both Morton Dubin and Kristen Fournier have excellent reputations at handling complex life sciences-related mass torts, with Dubin, in particular, noted for his expertise in the courtroom. Geoffrey Drake chairs the pharmaceutical/medical device litigation team and is skilled at representing clients throughout the litigation continuum, including in high-stakes trials. All named practitioners are based in Atlanta unless otherwise indicated.  

Legal 500 Editorial commentary

Testimonials

Collated independently by Legal 500 research team.

  • 'Andy Bayman has a great strategic sense.'
  • 'Todd Davis is a very skilled trial attorney.'

Key clients

  • Becton Dickinson
  • Boehringer Ingelheim
  • Bristol-Myers Squibb
  • Eli Lilly & Company
  • GlaxoSmithKline
  • Johnson & Johnson/Janssen Pharmaceuticals, Inc.
  • Kenvue (formerly known as Johnson & Johnson Consumer Inc.)
  • Organon
  • Walmart, Inc.

Work highlights

  • Secured a landmark ruling on behalf of Boehringer Ingelheim (BI) in litigation over allegations that the antacid Zantac is associated with an increased risk of cancer, excluding all of the plaintiffs’ general causation experts and winning summary judgment on behalf of BI and co-defendants, dooming about 50,000 federal claims still extant in an MDL in the Southern District of Florida.
  • Lead defense counsel for Janssen Pharmaceuticals over claims that a rare eye disorder, pigmentary maculopathy, is uniquely caused by long-term usage of Elmiron (pentosan polysulfate sodium), which is the only prescription medication to treat symptoms of interstitial cystitis, a chronic medical condition that causes bladder pain.  
  • Represent Becton, Dickinson and Company ("BD") as National Co-ordinating Counsel and Resolution Counsel in several complex product liability litigations including (i) matters relating to BD’s hernia mesh products that are filed in an MDL and a consolidated state court action (ii) litigation involving BD’s inferior vena cava (IVC) filters that were filed in an MDL venued in federal court and parallel state court proceedings and (iii) serving as settlement counsel in litigation involving BD’s pelvic mesh and implantable port devices as well as other products.

Lawyers

Leading partners

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

Andy Bayman

King & Spalding LLP

Andy Bayman serves a wide range of clients in life sciences and healthcare, including pharmaceutical and medical device manufacturers, as well as automotive and other manufacturers and retailers in product liability and toxic tort cases.  He is a partner and the leader of the Trial & Global Disputes practice group. Mr. Bayman is a trial lawyer who has tried over 20 cases in state and federal courts around the country. Previously, Andy led the Life Sciences & Healthcare area of focus. With more than 300 lawyers and professionals across eleven practice groups – including over 30 M.D.s, Ph. Ds, and others with advanced medical, scientific, and technical degrees – this area of focus serves every segment of the life sciences and healthcare sectors.

Next generation partners

Junior partners with significant recognition from clients and peers in the market and key roles on multiple matters.

Practice head

The lawyer(s) leading their teams.

Geoffrey Drake

Other key lawyers

Andy Bayman, Morton Dubin, Kristen Fournier, Bobby Woo, Robert Friedman, Todd Davis, Adam Spicer, Lana Varney, TaCara Harris, Gregory Ruehlmann, Julia Zousmer, Michael Vives