Taking Down the Rising Behemoth: Combatting Plaintiff Tactics That Are Transforming MDLs Into the Machines We See Today

December 7, 2021 1:00pm

Lisa Dunkin
Assistant General Counsel, Litigation
Zimmer Biomet (Fort Wayne, IN)

Sean P. Fahey
Partner | Leader, Health Sciences Litigation Practice Group
Troutman Pepper (Philadelphia, PA)

Susan Sharko
Faegre Drinker Biddle & Reath LLP (Florham Park, NJ)

Andrew Kaplan
Crowell & Moring (Washington, DC)

John Galvin
Thompson Coburn LLP (St. Louis, MO)


Douglas Moore
Irwin Fritchie Urquhart & Moore (New Orleans, LA)

Plaintiff Advertising

  • Developing concrete strategies to neutralize the effects of increasingly aggressive plaintiffs’ advertising – What are some of the specific things companies can do? Have there been any successful strategies thus far?
  • Limiting plaintiff advertising: taking an aggressive stance against false or misleading messages to the public

Third-Party Litigation Funding

  • Mitigating challenges created by Third-Party Litigation Funding (TPLF) in the mass tort arena
  • Proactive measures that companies can take to push back on the effects of TPLF
  • Recent state law strides towards requiring disclosure of TPLF agreements in civil lawsuits

Initial Census Forms

  • Examining how the data and analytics from initial census forms are being used to weed out meritless claims
  • How have the use of these forms been playing out in recent prominent MDLs?
  • How is the data in these forms impacting judicial decisions and future proceedings?
  • Assessing the pros and cons of these census registries, and how they may impact MDLs moving forward

Social Media

  • Using social media and online investigation tools to identify and control meritless claims early on