Drug & Medical Device Litigation 2009

Now in its 14th year, ACI’s DRUG AND MEDICAL DEVICE LITIGATION is regarded as THE must-attend industry event. Not only is the conference a gathering of the who’s who in product liability litigation, but our faculty of distinguished in-house and outside counsel and renowned federal and state jurists will provide practical insights and tactics for overcoming the litigation challenges faced by drug and device manufacturers. This year’s conference will take place at the Millennium Broadway Hotel on December 8-10 in New York City.

Product liability litigation is on the verge of sweeping changes.  Last year the Supreme Court ruled in favor of preemption for PMA-approved medical devices, and it is now poised to make a decision on preemption for drugs that could change the product liability landscape as we know it. Yet despite this positive turn on the preemption front, the battle for drug and device manufacturers is just beginning. The Congressional backlash against preemption has already started with attempts to legislatively overturn the Reigel decision. In addition, government enforcement agencies and State Attorneys General have stepped-up investigations against drug and device manufacturers, and plaintiffs’ attorneys are taking every opportunity to highlight this fact in civil litigation. Add to this media attacks on the industry and the FDA, and drug and device manufacturers can only expect an increase in civil litigation.

To prepare the drug and device industries for these changes to the product liability landscape, ACI’s 14th Annual DRUG ANDMEDICAL DEVICE LITIGATION has been designed to provide veteran and first-time delegates with the knowledge and strategies needed to face new obstacles head-on. In addition to the expertise provided by our faculty of leading product liability litigators, our extensive and diverse in-house faculty speakers provide insights into the business implications of mass tort litigation as well as practical litigation approaches every defense counsel can employ.

Typically, over 500 drug and medical device industry professionals attend this conference, but the venue for the program, the Millennium Broadway Hotel, actually creates a close, convival atmosphere and allows you the opportunity to meet and talk with industry leaders. New York in December is when the industry comes together to learn the new developments in product liability litigation and what can be expected in the year to come – you cannot afford to miss this critical industry event.

Conference News

Recent news:

• New Federal Rule of Evidence 502, limiting attorney-client privilege and work product waivers was signed into law on September 19, 2008
• US DOJ revises its corporate charging guidelines
• The Financial Accounting Standards Board (FASB) is proposing that drug manufacturers be required to disclose more information about lawsuits and be more specific about damages they might have to pay
• Drug manufacturers advised to proceed cautiously in distributing journal articles that describe off-label product indications until FDA finalizes guidance on what practices are acceptable
• Wyeth v. Levine Supreme Court preemption cases scheduled for oral arguments
• Congress seeks to overhaul the FDA and give the agency more powers
• Qui tam off-label suits not being met favorably by courts.
• Pennsylvania court rules that a brand name manufacture can be liable to plaintiffs who purchases drugs manufactured by a third party
• Congress threatens to abolish the preemption defense
• NJ Supreme Court rejects certification of a medical monitoring class in coxx2 litigation

Topics at the 2008 Drug & Medical Device Litigation conference included:

• Assessing the influence of Congress and the 2008 election on product liability litigation
• Managing outside counsel fees and controlling discovery costs
• Understanding how jurors perceive the drug and device industries and how to use that knowledge in devising litigation strategies
• Preparing corporate witnesses for litigation

The 2008 conference featured faculty from these industry leaders:

AGA Medical, Alcon, Allergan, Bausch & Lomb, Bayer, Boston Scientific, Cardinal Health, EMD Serono, Johnson & Johnson, Medtronic, Novartis, Novo Nordisk, Pfizer, Roche, Schering-Plough, Shire, St. Jude Medical, Stryker, Wyeth

Notable speakers included:
Gerald Masoudi, Judge Mark E. Fuller, Judge Harry D. Leinenweber, Judge Charles R. Wolle, Judge Donovan W. Frank, Judge Janis Graham Jack, Judge Marcia S. Krieger, Judge John R. Tunheim, Judge Mark I. Bernstein

"This is an excellent conference with knowledgeable faculty who have hands-on experience in the complexities of drug and medical device litigations. It allows me to keep up to date on recent developments and provides an opportunity to meet senior practitioners in the field."

-Alice Barns Herrington, Woodward, Hobson & Fulton, L.L.P.

2008 Lead Sponsors

 

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