Pharmaceuticals and Medical Devices

Success as clients define it. Our greatest strength rests in our ability to analyze and understand our clients’ goals, and then develop and implement strategies to achieve them. Our focus is always on success — recognizing that for different clients, a “win” will mean different things, at different times, and in different contexts.

Sometimes clients need an aggressive, no-holds-barred litigation plan. In another case, a “win” may mean defeating class certification; or excluding an expert; or prevailing at trial or on appeal. Often a win means resolving complex litigation at the lowest cost per claim, or bringing a government investigation or state attorney general action to a prompt negotiated end.  Pepper Hamilton has a proven record of crafting creative ways to achieve success aligned with client goals.

Business value delivered.  Our ability to resolve multiple threats on numerous fronts at the lowest cost to our client is second to none. We are leaders in cost-effective e-discovery and other pretrial tasks, including sophisticated, time-tested staffing models to handle even the largest document review and production projects at far lower cost than our competitors. And we are pioneers in innovative alternative fee arrangements, whether the matter be large or small.

Creative thinking and doing. We are constantly thinking of ways to reduce or eliminate threats to our clients. We develop cutting-edge arguments on federal jurisdiction, limiting discovery, challenging use of aggregate proof, pre-emption, Daubert and summary judgment. When appropriate, we have been innovative in steering key plaintiffs’ counsel to settle cases for nominal value, leading to faster resolution of large volumes of cases at a lower cost. Equally important, we think about — and engage with our clients on — the strategic implications of every aspect of our representation. How will the testimony of an employee in the personal injury MDL affect the ongoing DOJ investigation? How will a contemplated submission to the FDA impact negotiations with state attorneys’ general? Or threatened securities litigation?

In the environment in which pharma and device matters now operate, any step taken in one arena — with DOJ, FDA, plaintiffs’ counsel — invariably impacts another. We never lose sight of those dynamics.

A team of allies. Led by attorneys with decades of experience working together (and with our clients), the collective knowledge of individuals experienced in the basic science and epidemiology, risk assessment, pricing, R&D, product liability, government investigations, antitrust, or any other critical issue impacting the matter at hand, is easily shared with other attorneys and with clients, allowing our teams to begin working on a matter closer to the right answer. We marshal our institutional experience to help clients coordinate an overall strategy to meet their business goals and defeat the multiple threats that clients face in litigation and from government regulators.

Our commitment to collaboration extends beyond our colleagues at Pepper. We embrace our clients’ goals of achieving efficiency by drawing on the expertise from the law firms they use around the country. We understand the value of “virtual law firms” and similar collaborative endeavors, and we have helped construct and manage, as well as participate in, many such arrangements.

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