Agenda

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Pre-Conference Workshops
Workshop A — Focus Group on MDL Defense Strategies: Developing a Tactical Tool-Kit for Managing Unique MDL Challenges and Combatting Meritless Claims
Dec 5, 2022 9:00am – 12:30pm
Speakers

Bill Childs
Assistant General Counsel, Litigation
3M (St. Paul, Minnesota)

Kristen Fournier
Partner
King & Spalding LLP (New York, NY)

Jennifer Stevenson
Partner
Shook Hardy & Bacon LLP (Kansas City, MO)
Workshop B — Diversity Equity & Inclusion Solution Room for the Life Sciences Products Liability Defense Bar: How Life Sciences Companies and Their Law Firm Partners Can Collaborate to Implement Successful DEI Initiatives
Dec 5, 2022 1:30pm – 5:00pm
Speakers

Mary-Alice Barrett
Associate General Counsel
Genentech (Little Falls, NJ)

Rosevelie Márquez Morales
Diversity, Equity & Inclusion Director – Americas
Hogan Lovells US LLP

Megan Rodgers
Partner
Covington & Burling LLP (Palo Alto, CA)
Welcome Reception Hosted by

Dec 5, 2022 5:00pm –
Day 1 - Tuesday, December 6, 2022
Day 2 - Wednesday, December 7, 2022
Day 1 - Tuesday, December 6, 2022
8:15 |
Co-Chairs’ Opening Remarks![]() Mary-Alice Barrett ![]() Donald LeGower ![]() Lora Spencer Co-chairs’ opening remarks. |
8:30 |
Coffee and Q+A with Our In-House Counsel on “What’s Keeping You Up at Night”: The Top 5 Things to Watch in the Current Products Liability Defense Environment![]() Candace Camarata ![]() Greg A. Dadika ![]() Christiana Jacxsens ![]() Donald LeGower ![]() Brennan Torregrossa Moderator:![]() Marcella Ducca Our opening session will deliver insights from key biopharmaceutical and medical device counsel on their top product liability litigation challenges and concerns. At the end of the segment, participate in an interactive Q+A that will allow you to ask your most pressing questions and add to the dialogue. Topics to be discussed will include:
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9:45 |
Fireside ChatExamining New Proposed MDL Rule Changes and What They Will Mean for Practitioners![]() Judge Robin Rosenberg Interviewed by:![]() Paul LaFata Examining new proposed MDL rule changes and what they will mean for practitioners. |
10:15 |
Morning Coffee Break |
10:45 |
Overcoming the Trials and Tribulations of Plaintiff Census Forms and Registries: What’s Working, What’s Not, and How Proposed MDL Rule Changes May Improve the System![]() Sean P. Fahey ![]() Christine Kain ![]() John P. Lavelle, Jr. ![]() Megan Pizor
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11:30 |
Litigation Strategy AlertUnderstanding How New Rule 702 Amendments Will Impact the Future Admissibility of Expert Testimony![]() Michelle M. Bufano ![]() Michael Hecht ![]() David N. Sneed ![]() Lora Spencer Moderator:![]() Timothy Daniels
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12:30 |
Assessing the Impact of the Recent Supreme Court Session on the Drug and Medical Device Industry and Upcoming Preemption Battles![]() Eric Alexander ![]() Ruben Gonzalez ![]() Matthew Kelly ![]() Davis Walsh ![]() Charlotte Taylor
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1:30 |
Networking Luncheon Sponsored by:
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2:30 |
Drug and Medical Device Litigator Think-Tank: “What I Wish Was Done Differently During the Regulatory Approval Process”![]() David Ferrera ![]() Tripp Haston ![]() Susanna Moldoveanu In this unique session, a panel of drug and medical device product liability litigators will share challenges they have faced in litigation and reflect on what they wished their regulatory counsel would have done during the FDA pre-approval, approval or post-approval periods to prevent or mitigate the issues that developed down the road. The panelists will talk through scenarios where a more favorable outcome could have been achieved in litigation had the regulatory counsel done something differently with regard to:
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3:15 |
Maximizing the Chances of Success in a “Bet-the-Company” Product Liability Litigation![]() Amy Todd Klug ![]() Christina Marinakis ![]() Grant Worden ![]() Mary Young Moderator:![]() Julie Park
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4:15 |
Afternoon Break |
4:30 |
BREAKOUT SESSIONS (CHOOSE A OR B)A — Tactics for Combatting “Non-Traditional” Liability Theories in Drug and Medical Device Product Liability Cases
Track A:![]() Wendy West Feinstein ![]() Sandra Di lorio ![]() Amy Vanni ![]() Steven Weisburd Track B:![]() Paul J. (PJ) Cosgrove ![]() Thomas Kurland ![]() Stephen J. McConnell
A — Tactics for Combatting “Non-Traditional” Liability Theories in Drug and Medical Device Product Liability CasesIn recent years, the plaintiffs’ bar has increased their creative attempts to expand or circumvent traditional liability theories. This panel will explore new theories of tort liability, as well as how to best combat claims that expand the confines of traditional liability. Topics to be discussed include:
B — Addressing The Latest and Greatest in Plaintiffs’ Bar Attacks on OTC Drugs and Consumer Health Products
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5:30 |
BREAKOUT SESSIONS (CHOOSE A OR B)A — Too Big to Close: Effective Strategies for Wrapping Up an Unyielding MDL and Navigating the Remand Process
Track A:![]() John Galvin ![]() Zane Riester Track B:![]() Alana Bassin ![]() Kimberly Martin ![]() Robert Simpson
A — Too Big to Close: Effective Strategies for Wrapping Up an Unyielding MDL and Navigating the Remand Process
B — Insights from Frontline Litigators on Current Juror Perceptions and Behaviors: Thoughts on the Post-Pandemic Juror Mindset
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6:15 |
Conference Adjourns
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Day 2 - Wednesday, December 7, 2022
8:45 |
Co-Chairs’ Welcome Back and Recap of Day 1![]() Mary-Alice Barrett ![]() Donald LeGower ![]() Lora Spencer Co-chairs’ welcome back and recap of Day 1. |
9:00 |
Lessons Learned from this Year’s Top MDLs: Key Defense Strategies from 3M Ear Plugs, Opioids and Zantac MDLs![]() Christopher Carton ![]() Sharon Desh ![]() Sabrina Gallo Join us for an in-depth analysis into the latest developments in the year’s biggest and most complex MDLs. Our panelists will analyze the unique nuances of the 3M Ear Plug, Opioids and Zantac MDLs, and provide insights on each of their:
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10:00 |
Morning Coffee Break |
10:30 |
And Now a Word from Our Judges: Judicial Perspectives on Managing Life Sciences Mass Tort Proceedings![]() Honorable Rex Burlison ![]() Honorable Karen K. Caldwell ![]() Honorable Nancy J. Rosenstengel ![]() Hon. Brian H. May Moderator:![]() Andrew T. (Andy) Bayman Distinguished jurists with some of the liveliest drug and medical device litigation dockets in the country will:
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11:30 |
Examining the Impact of Social Media and Voluntary Reporting on Today’s Drug and Device Product Liability Litigation Landscape![]() Christopher G. Campbell ![]() Sarah Heineman In the wake of the recent Essure settlement, drug and medical device companies have become increasingly aware of the impact that consumer adverse events reports on social media platforms can have in spawning a products liability litigation. In this unique session, lead trial counsel for the Essure litigation and the in-house manager of the litigation will discuss:
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12:00 |
Networking Luncheon |
1:00 |
Examining Risks and Liabilities Associated with New Cutting Edge MedTech and HealthTech![]() Jessica Grant ![]() Tim Hudson ![]() Robin Linley ![]() Justin Witzmann
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2:00 |
When Products Liability and Enforcement Converge: Building a Holistic Defense Strategy for Tackling a Multi-Pronged Litigation![]() Courtney Saleski ![]() Jacqueline Harrington ![]() Andrew Kaplan As often as not, mass tort litigations in the drug and medical device space turn into multi-pronged litigations which can include coinciding government enforcement actions by the DOJ or state AGs, as well as other types of class actions outside of the product liability litigation. This session will examine:
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2:45 |
Afternoon Break |
3:00 |
What Would You Do If?… Seasoned Drug and Medical Device Product Liability Litigators Share Lessons on Avoiding Ethical Compliance Traps![]() Sarah Padgitt ![]() Robyn Maguire This panel of drug and device litigators will lead a polling exercise of “what would you do” to test your ethics skills using sensitive, complex hypothetical scenarios. Discover how your approach to tackling ethical dilemmas in drug and medical device litigation compares to your peers. Benefit from a practical discussion of the polling results and important takeaways for your practice. |
4:00 |
Conference Concludes |
Workshop A — Focus Group on MDL Defense Strategies: Developing a Tactical Tool-Kit for Managing Unique MDL Challenges and Combatting Meritless Claims

Bill Childs
Assistant General Counsel, Litigation
3M (St. Paul, Minnesota)

Kristen Fournier
Partner
King & Spalding LLP (New York, NY)

Jennifer Stevenson
Partner
Shook Hardy & Bacon LLP (Kansas City, MO)
What is it about?
Be part of this defense-counsel only strategy session where we will examine the discrete challenges that mass-tort MDLs present. Join us and develop effective tactics for every phase of litigation. Our esteemed workshop panelists will highlight emerging changes and challenges arising in MDL practice in the last year and will guide you through best practices for case management, screening procedures and settlement negotiations. Attend this comprehensive workshop and gain invaluable tools for:
- Implementing effective strategies for managing discovery, scheduling, case management, pre-trial motions, and bellwether considerations unique to consolidated proceedings
- Developing tactics for approaching negotiations with plaintiffs’ counsel throughout the MDL process
- Strategically using screening orders and lone pine orders to limit meritless filings
- Using social media and online investigation tools to identify and control meritless claims early on
- Developing an aggressive bellwether trial selection strategy to help cull meritless cases
- Interlocutory appeals: identifying issues most likely to be raised on appeal as well as best methods to seek reconsideration or appeal of a court ruling
- Navigating the remand process from transfer to trial
- Utilizing technological innovations (including AI software) to assess and project settlement values of individual cases
- Understanding techniques judges are currently using to affect settlement agreements
- Understanding how defendants (manufacturers, distributors, retailers, etc.) can all play in the MDL sandbox without causing problems for each other
Workshop B — Diversity Equity & Inclusion Solution Room for the Life Sciences Products Liability Defense Bar: How Life Sciences Companies and Their Law Firm Partners Can Collaborate to Implement Successful DEI Initiatives

Mary-Alice Barrett
Associate General Counsel
Genentech (Little Falls, NJ)

Rosevelie Márquez Morales
Diversity, Equity & Inclusion Director – Americas
Hogan Lovells US LLP

Megan Rodgers
Partner
Covington & Burling LLP (Palo Alto, CA)
What is it about?
Successful diversity, equity and inclusion initiatives are far more complex than merely generating a list of general objectives. Implementing effective DE&I programs for the life sciences products liability defense bar requires a dedication to building these initiatives into your company’s DNA and operating behaviors. As many in the legal industry have seen however, this is not always as simple as it sounds, and often requires a commitment to collaboration between life sciences companies and their law firm partners. Join this important workshop for a discussion of what DE&I initiatives are currently working to yield lasting effects and overcoming the latest challenges life sciences companies and law firms are facing in this endeavor. Gain and share insights on topics including:
- Turning ideas into action: Implementing policies and practices in your products liability defense department that will truly effect change and promote a diverse workplace
- Identifying how in-house and outside counsel can work together to successfully attract and keep diverse talent in our practices and on trial teams
- Understanding what specific evidence of diversity in-house legal departments at drug and medical device companies are seeking from outside counsel when vetting and choosing law firms to represent them
- Best practices for evaluating a firm’s efforts in promoting diversity
- Collaboration in recruitment: How life sciences companies can work with their outside counsel to consider how prospective diverse talent can meet joint objectives
- Understanding how life science companies and their outside firms can efficiently share tools, best practices and resources to create an advantageous DE+I infrastructure and ecosystem
- Closing gaps in business development opportunities: how life science companies and law firm counsel can facilitate more chances for diverse lawyers to develop closer relationships with their clients
- What role is the judiciary taking in influencing diversity in appointments of leadership positions on MDL and trial teams?
2022 Digital Agenda Sponsored By:
