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The newly merged practice at Arnold & Porter is jointly headed by Anand Agneshwar in New York and Pamela Yates in Los Angeles. Agneshwar has been serving as national counsel to Bristol-Myers Squibb in a series of Abilify cases alleging failure to warn of possible links to compulsive behavior. Led by Yates, the legacy Kaye Scholer team successfully obtained a motion for summary judgment for Bayer in a claim alleging toxicity through ingestion of Bayer’s low-dose aspirin. The group was strengthened by the arrival of Michelle Gillice as of counsel, whose experience includes acting as compliance attorney at the Consumer Product Safety Commission and senior attorney in the Justice Department’s Drug Enforcement Administration (DEA) Office of Chief Counsel. In Washington DC, Paige Sharpe was promoted to partner. Other clients include Pfizer, Endo and AstraZeneca.

Bowman and Brooke LLP’s Minneapolis-based practice has deep experience handling high-profile cases and class actions. Paul Cereghini in Phoenix, Robert Wise in Richmond, Marion Mauch in Los Angeles and Susan Burnett in Austin successfully obtained denial of class certification for Breg in litigation alleging violations of California’s consumer protection laws, fraud and breaches of warranty regarding the company’s Polar Car 500 cold therapy device. Michelle Gilboe has been serving as national counsel to Enhancement Medical in all personal injury and product liability claims concerning its hyaluronic acid product Expression. Kim Schmid heads the practice.

Jointly headed by Raymond Williams in Philadelphia and Christopher Young in San Diego, DLA Piper LLP (US)’s ‘standout’ product liability and mass torts practice has a strong technical background in the life sciences. Young and Williams have been representing Medtronic in SynchroMed litigation alleging injury or death resulting from use of the device. New York-based Loren Brown, who jointly leads the wider litigation department, and the ‘fantastic’ Boston-based Matthew Holian led as national co-counsel defending Pfizer in a high-stakes MDL alleging melanoma developed through the use of Viagra. Lucas Przymusinski and Jessica Wilson were promoted in the New York and Boston offices respectively. Philadelphia’s James Brogan jointly heads the practice with Brown. Heidi Levine is now at Sidley Austin LLP.

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Goldman Ismail Tomaselli Brennan & Baum LLP’s ‘superb’ team is praised by clients as having ‘notable expert discovery and trial skills’. Chicago-based Jennifer Greenblatt, who was promoted to partner in 2016, was lead trial counsel to Medtronic in Snow et al v Thousand Oaks Surgical Hospital et al. Greenblatt was also part of the team defending Merck & Co in litigation concerning its osteoporosis medication Fosamax; ‘extraordinary’ co-founders Andrew Goldman (Santa Monica) and Tarek Ismail (Chicago) were also on the team, which was led by Kenneth Baum (Chicago). In Dallas, the ‘distinguished’ Joe Tomaselli led the representation of Merck & Co in a number of lawsuits brought by the state attorney’s general alleging violations of consumer protection statutes regarding its Vioxx medication. The ‘laudable’ Sean Brennan in Dallas is also recommended.

Reed Smith LLP has notable experience handling large-scale MDLs. Led by Barbara Binis in Philadelphia, the team continues to serve as national counsel to Endo in the In re Transvaginal Mesh Litigation, involving more than 30,000 cases, most of which have been consolidated into an MDL filed in the Southern District of West Virginia. In Los Angeles, Michael Brown has been representing Medtronic in all aspects of the Infuse bone graft litigation. Brown and San Francisco-based Sonja Weissman have been serving as lead trial counsel to GSK in litigation regarding its type 2 diabetes prescription drug Avandia. Melissa Geist heads the practice from Princeton.

Sidley Austin LLP’s practice has seen an increase in medical device litigation, as well as consumer class action work. In Chicago, Eugene Schoon and Kara McCall have been representing Bayer in a number of consumer fraud class actions concerning the client’s probiotic supplements. Co-heads Sara Gourley in Chicago and Debra Pole in Los Angeles, as well as Jana Wozniak in Chicago, served as national coordinating counsel to Takeda in more than 9,000 Actos cases in state and federal courts. Chicago-based Maja Eaton, also practice co-head, has been representing Ferring Pharmaceuticals in a class action and a number of individual lawsuits regarding the company’s recalled fertility drug Bravelle. The team saw a number of changes in 2016: Heidi Levine joined the firm’s New York office, while James Mizgala and Sherry Knutson joined Tucker Ellis LLP’s newest office in Chicago.

Jointly headed by the ‘thoughtful’ Heidi Hubbard and Joseph Petrosinelli, Williams & Connolly LLP’s ‘first-rate’ department has deep trial strength in addition to its capabilities as national coordinating and resolution counsel. Hubbard successfully obtained summary judgment for Pfizer in Zoloft litigation brought by two plaintiffs alleging birth defects caused by use of the drug. ‘Extraordinary strategist’ Douglas Marvin has been serving as trial counsel to Merck & Co in remaining Vioxx personal injury litigation transferred from the MDL. Other clients include Takeda, Bayer and Daiichi Sankyo.

Bartlit Beck Herman Palenchar & Scott LLP often handles high-stakes litigation and has strong experience serving as national trial counsel to major clients. The firm has been acting for Bayer in various litigation, including serving as strategic and trial counsel to the company in Xarelto litigation arising from claims that it failed to warn about alleged risks associated with the drug. Rebecca Bacon and John Fitzpatrick represented Bayer - with Covington & Burling LLP as co-counsel - in the first Mirena trial arising from allegations that the IUD caused damage after insertion. Key names include Jameson Jones in Denver, Philip Beck, Steven Derringer and Kaspar Stoffelmayr. All partners are based in Chicago unless otherwise stated.

Butler Snow LLP has strong experience serving as national coordinating counsel to clients in both state and federal court. The group continues to serve as national counsel in pelvic mesh litigation pending in an MDL in Charleston, West Virginia and a number of state courts across the US. The firm has also been defending a pharmaceutical company in an MDL concerning an over-the-counter product. Key names include Helen Downs in Birmingham and Christy Jones in Jacksonville.

Historically known for its strong pharmaceuticals and medical devices practice, Covington & Burling LLP’s Washington DC-based team often advises on strategic issues. Michael Imbroscio, Paul Schmidt and Phyllis Jones obtained summary judgment and termination of 1,225 cases in the Mirena IUD MDL for Bayer, with Bartlit Beck Herman Palenchar & Scott LLP as co-counsel. Imbroscio, Jones and San Francisco-based Jeffrey Davidson have been serving as national counsel to Eli Lilly in litigation concerning erectile dysfunction drug Cialis. Imbroscio, Schmidt and Shankar Duraiswamy defended Genentech in the company’s first product liability suit regarding its Lucentis eye treatment product. The team includes Keith Teel and Raymond Biagini.

Dechert LLP’s group is often retained by major companies in high-profile trials. In Philadelphia, Robert Heim has been serving as lead appellate counsel to Johnson & Johnson subsidiary Janssen Pharmaceuticals in more than 1,000 personal injury cases filed in Pennsylvania state court alleging the drug Risperdal caused the plaintiffs to develop gynecomastia. Chicago-based Nathan Hoffman has been serving Pfizer as trial counsel in a consumer fraud class action brought before the Southern District of California alleging false advertising of prescription drugs Premarin, Prempro and Premhpase. Ben Barnett leads the practice. David Bernick is now at Paul, Weiss, Rifkind, Wharton & Garrison LLP.

Headed by Lori Cohen in Atlanta, Greenberg Traurig LLP’s pharmaceutical, medical device and healthcare litigation department often acts for clients as lead trial counsel. Cohen has been serving as national counsel to Sandoz in various litigation, including eight federal cases alleging the promotion and distribution of Sandoz’s generic medication Amiodarone without required medication guides. Cohen and Atlanta-based Victoria Lockard have been serving as lead counsel to Teva Pharmaceuticals in remaining litigation concerning the company’s prescription pain medication propoxyphene. The team also includes Gregory Ostfeld in Chicago and Christiana Jacxsens in Atlanta.

The ‘experienced, comprehensive and always prompt’ group at Hughes Hubbard & Reed LLP has strong experience handling high-stakes litigation, with a particular expertise in medical expert issues. ‘Superb strategist’ Theodore Mayer and Wilfred Coronato, based in New York and Jersey City respectively, continue to serve as national coordinating counsel to long-term client Pfizer in remaining litigation concerning its recalled diet drug Pondimin. New York-based co-head Diane Lifton has been representing Terumo in a medical device product liability case in Utah. The team was strengthened by the arrival in New Jersey of Mary Bartkus (of counsel) from Merck & Co. Co-head Robb Patryk is based in New York.

Always timely, thoughtful and creative’, King & Spalding LLP’s team often acts as national counsel to major clients. Led by ‘excellent’ practice co-head Andrew Bayman in Atlanta, Peter Strotz and Donald Zimmer in San Francisco, the team continued to defend GSK in litigation concerning its antidepressant medication Paxil, including obtaining a directed verdict for the company in Rader v GlaxoSmithKline PLC, et al. Zimmer has been serving as national counsel to Bristol-Myers Squibb and AstraZeneca in personal injury and wrongful death claims regarding the diabetes medication Onglyza. Bruce Hurley heads the group alongside Bayman, while the overall litigation practice is led by fellow Houston-based lawyer Carol Wood. Clients also recommend ‘superb trial lawyerChilton Varner in Atlanta.

Headed by Paul Zevnik in Washington DC, Morgan, Lewis & Bockius LLP’s group has strong experience handling product liability matters, as well as related insurance recovery work. In Philadelphia, Gordon Cooney has been leading the team in defending Cephalon and parent company Teva Pharmaceuticals against a high-profile wrongful death claim regarding allegations of opiate addictions brought before the Court of Common Pleas of Philadelphia County. Also in Philadelphia, John Lavelle continues to represent Johnson & Johnson subsidiary Synthes in product liability litigation concerning a tibial implant medical device. David Cox and Leah Houghton were promoted to partner in the Los Angeles and Boston offices respectively. The team includes Yardena Zwang-Weissman in Los Angeles and David Luttinger in New York.

Pepper Hamilton LLP’s practice frequently serves as lead counsel to a number of major pharmaceutical and medical device manufacturers. Sean Fahey continues to serve Medtronic as national coordinating and trial counsel in litigation concerning a number of products, including the company’s Infuse device. Department chair Nina Gussack has been serving as national trial and settlement counsel to GSK in litigation alleging that the diabetes medication Avandia causes heart attacks, strokes and other medical problems. Gussack has also been representing Eli Lilly in litigation regarding its diabetes treatment medication Byetta. Andrew Kantra is also recommended. All partners are based in Philadelphia.

The litigation team at Quinn Emanuel Urquhart & Sullivan, LLP provides a ‘high level of service’ under the joint leadership of Michael Lyle in Washington DC and Sheila Birnbaum, Mark Cheffo, Faith Gay and Sandra Bresnick in New York. Cheffo has been serving as national counsel to Endo and various subsidiaries in litigation concerning recalled prescription pain medication propoxyphene; Cheffo successfully obtained dismissal of approximately 800 claims with prejudice brought before Oklahoma state court. Birnbaum and Cheffo have been representing Pfizer in litigation brought by more than 8,000 plaintiffs alleging that the statin medication Lipitor causes diabetes. The team includes Douglas Fleming.

Headed by Alicia Donahue in San Francisco, Shook, Hardy & Bacon LLP’s pharmaceutical and medical device group often defends clients in mass tort MDLs and coordinated proceedings. Led by Mark Hegarty in Kansas City and Gene Williams and Hunter Ahern in Houston, the team obtained summary judgment for Johnson & Johnson in two lawsuits alleging the company’s talc-based powder product caused plaintiffs to develop ovarian cancer. Before the Southern District of New York, Houston-based James Shepherd successfully obtained dismissal of all 1,225 cases in an MDL against Bayer alleging injuries arising from the use of Bayer’s contraceptive Mirena IUD.

Headed by John Beisner, the Washington DC-based mass torts and insurance practice at Skadden, Arps, Slate, Meagher & Flom LLP has strong experience handling product liability lawsuits and MDLs. Beisner and Jessica Miller as well as counsel Nina Rose and counsel Geoffrey Wyatt have been representing Johnson & Johnson in a number of lawsuits alleging that the company’s talc-based powder product is toxic and causes ovarian cancer, obtaining motion to exclude the testimony of the plaintiffs’ primary causation experts prior to having the lawsuits centralized in New Jersey federal court. Beisner, Miller and Wyatt have also been acting for long-term client Merck & Co in a number of matters, including successfully obtaining dismissal of MDL claims alleging that the company’s osteoporosis drug Fosamax causes femur fractures. Other clients include Pfizer and Bristol-Myers Squibb.

Venable LLP’s product liability group often serves as national counsel to high-profile pharmaceutical clients. Led by co-head Paul Strain, David Heubeck and Stephen Marshall, the team continues to represent Merck & Co in ongoing Fosamax litigation. Bruce Parker continues to act for LabCorp as national counsel in a number of matters in which plaintiffs allege errors in prenatal genetic testing procedures conducted by the company. John McCauley has been defending Johnson & Johnson in various Pinnacle hip prosthetics litigation. The Baltimore-based practice’s other co-head is Sally Bryan.

Led by Stephen Strauss, Bryan Cave LLP’s St Louis-based product liability team regularly handles class actions and personal injury cases in the pharmaceutical and medical device arena. Strauss has been defending Merck & Co in three putative class actions alleging that the company is violating consumer fraud laws regarding the sale of its glaucoma medication. Strauss and Dan Ball have been representing Janssen Pharmaceuticals in 14 personal injury cases regarding the company’s antipsychotic drug Risperdal. Other clients include Johnson & Johnson and Boehringer Ingelheim.

Pragmatic, business-savvy and responsive’, the product liability group at Goodwin has seen an increase in claims brought against generics. New York-based Glenn Kerner secured dismissal of all claims brought against Teva Pharmaceuticals regarding the prescription drug Amiodarone. In Boston, Richard Oetheimer continues to represent Teva Pharmaceuticals in nationwide Metoclopramide mass tort litigation, including in preemption appeals in a number of state courts and at the Supreme Court of Georgia. Joanne Gray heads the department in New York.

Hogan Lovells US LLP’s Baltimore-based product litigation practice has been focusing increasingly on litigation in the digital health space, in addition to handling traditional product liability lawsuits. Practice head Lauren Colton has been serving as national counsel to Amgen in a number of matters concerning the arthritis treatment prescription drug Enbrel. Colton and Barry Thompson, who is based in Los Angeles, have been serving as national coordinating counsel to Bristol-Myers Squibb in a number of lawsuits and claims alleging that the client’s antipsychotic drug Abilify caused plaintiffs to develop compulsive gambling and other impulse control disorders. The group was strengthened by the arrival of Regina Rodriguez in the firm’s Denver office from Faegre Baker Daniels.

Praised as having ‘excellent client service’, Jones Day’s product liability team has strong experience defending clients in high-profile lawsuits. The firm counts Abbott Laboratories and AbbVie among its clients. June Ghezzi obtained dismissal of a complaint brought against both companies alleging a variety of adverse reactions caused by use of the prescription drug Lupron. Daniel Reidy, José Isasi and Melissa Hirst have been representing Abbott Laboratories in claims alleging that the company negligently designed, marketed, tested and warned for its FreeStyle Lite blood glucose meter. Stephanie Parker heads the wider litigation practice from the firm’s Atlanta office. All partners are based in Chicago unless otherwise stated.

Kirkland & Ellis LLP’s practice excels in defending clients against product liability claims. The group has been serving as national counsel to Abbott Laboratories and AbbVie in a number of claims alleging failure to warn regarding the company’s arthritis drug Humira; the firm won dismissal of two cases with no payment for AbbVie. In New York and Washington DC respectively, Jay Lefkowitz and Michael Shumsky represented Teva Pharmaceuticals in Welch v Merck & Co, Inc et al before the Third Circuit, which affirmed the dismissal of all product liability claims arising from the plaintiff’s use of the generic drug alendronate sodium. Clients also recommend Mike Brock, who is based in Washington DC.

Jointly headed by Henninger Bullock in New York and Michael Olsen and Daniel Ring in Chicago, Mayer Brown’s department often serves as counsel to clients in medical device lawsuits. Ring and Andrew Tauber, who is based in Washington DC, continue to act for Medtronic as national preemption counsel in a number of matters regarding the Infuse bone graft litigation. The team has also been representing St Jude Medical in a putative class action alleging damages caused by potential cybersecurity vulnerabilities in certain cardiac rhythm devices. Eli Lilly, GSK and UCB are among the firm’s clients.

The ‘very strong’ product liability team at Morrison & Foerster LLP has strong experience handling product liability and mass tort cases concerning medical devices. In San Diego, practice head Erin Bosman continues to represent Fresenius in litigation in Florida state court alleging that the drug Heparin was contaminated. Clients recommend New York-based Grant Esposito, who heads the firm’s wider litigation department and is highly experienced in handling cross-border litigation for domestic clients. The team also includes Julie Park in San Diego. James Huston sadly passed away.

Norton Rose Fulbright US LLP’s practice often acts as e-discovery and trial counsel to high-profile clients. In Austin, Stacey Martinez regularly serves as coordinating counsel to clients in both domestic and international litigation. Dallas-based Jonathan Skidmore has particular expertise handling mass torts for pharmaceutical clients. The firm’s client base includes Coloplast, Bayer, Zimmer and Christus Health. Steven Jansma heads the practice out of San Antonio.

Headed by Richard Goetz in Los Angeles and Steve Brody in Washington DC, O’Melveny & Myers LLP’s group often defends clients in class actions and MDLs as well as advising them on government investigations. Goetz and Matt Powers in San Francisco have been defending long-term client Johnson & Johnson in class actions alleging that the use of the company’s talc-based baby powder product causes ovarian cancer; the team obtained dismissal of initial complaints in three federal district courts. In Century City and Newport Beach respectively, Daniel Petrocelli and Jeffrey Barker continue to represent Endo in pelvic mesh litigation. The firm also acts for Bristol-Myers Squibb.

Weil, Gotshal & Manges LLP’s largely Princeton-based practice has strong experience defending class actions. Diane Sullivan successfully obtained dismissal of all claims in a putative consumer class action brought against Sanofi regarding its epinephrine injection product Auvi-Q following an earlier global recall. Sullivan has also been representing Walgreens in a number of consumer class actions concerning allegations of the inaccurate blood-testing device Edison produced by Theranos and sold through Walgreens. Allison Brown was promoted to partner. Arvin Maskin heads the practice out of New York.

The team at Denver-based litigation firm Wheeler Trigg O’Donnell LLP often handles MDLs and mass tort litigation. Team head Michael O’Donnell has been representing long-term client GE Healthcare in remaining litigation - out of more than 700 claims - regarding the company’s Omniscan injection product. Habib Nasrullah continues to represent McKesson and subsidiary NorthstarRx in Lipitor litigation alleging that the drug causes diabetes in some women. The team also represents Pfizer.

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  • Bär & Karrer Advises CEVA Logistics on its IPO, the anchor investment by CMA CGM and its migration

    CEVA Logistics, one of the world's leading third-party logistics companies, successfully priced its IPO and listed its shares on the SIX Swiss Exchange, where trading commenced on 4 May 2018. With a market capitalization of CHF 1.6 billion and generating gross proceeds of CHF 821 million, this is so far considered as the largest IPO on the SIX Swiss Exchange for 2018. In addition, CMA CGM, the third largest container shipping group in the world, has committed to make a strategic cornerstone investment in CEVA Logistics by purchasing CHF 379 million of mandatory convertible securities which will convert into shares of CEVA Logistics once certain regulatory approvals have been obtained. Simultaneously with the IPO, CEVA Holdings, the former holding company of the CEVA group, migrated from the Marshall Islands to Switzerland by way of a cross-border merger with CEVA Logistic as the surviving company.
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    Employers who have flu vaccines administered within their company are not liable for any harm that might occur as a result of the vaccine. That was the verdict of the Bundesarbeitsgericht (BAG), Germany’s Federal Labour Court, in a recent ruling.
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  • Bär & Karrer Advises on the Financing of the Largest Thermoelectric Plant in Latin America

    Centrais Elétricas de Sergipe S.A. (CELSE) has successfully issued bonds for approx. USD 1 billion equivalent in local currency at a fixed, long-term rate in international capital markets. The innovative bond issue is guaranteed by the Swiss Export Risk Insurance (SERV), the export credit agency of Switzerland. The bonds are part of a financial package to finance the development, design, construction, operation and maintenance of a thermoelectric power plant by CELSE in the state of Sergipe in the northeast region of Brazil. Besides the bond issue for approx. USD 1 billion, the transaction includes a USD 200 million loan from the International Finance Corporation and a financial package of the Inter-American Development Bank in the amount of approx. USD 300 million. Once operational expected for in 2020, CELSE will sell electricity to 26 distribution companies in Brazil, becoming the largest and most efficient thermoelectric plant in Latin America and the Caribbean.
  • BAG: Threats made by employee can justify dismissal with immediate effect

    Employers do not have to accept threats made by employees. These can constitute good cause justifying extraordinary notice of dismissal with immediate effect, as demonstrated by a ruling of the Bundesarbeitsgericht (BAG), Germany’s Federal Labour Court.
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  • Bär & Karrer Advises on Partial Self-Tender Offer

    On 21 September 2017, an extraordinary shareholders' meeting of the SIX Swiss Exchange listed N.V. authorized the board of directors to repurchase up to 33 1/3% of the company's share capital by means of a partial self-tender offer. The resolution adopted under Dutch law contained detailed information, among others regarding the period for which the authorization is granted, the manner in which the shares are repurchased and the price range within which the offer price must be set.
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    In March 2018, the new Serbian Law on Foreigners was adopted, replacing the 2008 version of this law- in force until recently without any amendments. The new law will enter into force on 3 October 2018.
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    On 20 April 2018, the amendments to the Law on Foreign Exchange (the “Law ”) were adopted and will enter into force on 28 April 2018 . Exceptionally, the application of certain provisions related to the assuming of competencies over foreign exchange control by the National Bank of Serbia is delayed until 1 January 2019.
  • Bär & Karrer Advises Vyaire Medical on its Acquisition of Acutronic Medical Systems

    Vyaire Medical, Inc., a global leader in respiratory care, acquired all shares in the Acutronic Medical Systems group, a Switzerland and Germany-based leader in the design and manufacture of neonatal ventilation equipment.