Products liability lawyers represent companies or individuals in lawsuits arising out of alleged defects in consumer products that cause injuries to the public, generally in class action lawsuits. Because products liability cases involve many parties, jurisdictions, and claims, they are complex and often long-lasting cases. In large law firms, products liability attorneys most often represent the companies being sued by a group, or class, of plaintiffs. Plaintiffs’ attorneys generally operate out of smaller firms and often take cases on contingency basis, meaning the attorneys do not earn any fees unless they reach a settlement or a victory in court. Products liability cases often involve very large and long discovery processes.
- Civil Procedure
- Class Actions
- Legal Research and Writing
- Mass Torts
- Boutique plaintiff firm practice
- In-house at large companies that regularly face product liability actions
- Large law firm defense practice
Describe your practice area and what it entails.
Morgan: I am a trial litigator and primarily defend companies that make and sell products: pharmaceuticals, medical devices, cosmetics, food and beverages, dietary supplements, and other consumer goods. My cases often involve large, complex MDL and high-stakes jury trials. My role spans the litigation life cycle: I help develop compelling narratives and case themes, prepare and defend witnesses at depositions, depose adverse witnesses, work with leading experts, file dispositive and expert motions, and prepare for trial. It also includes selecting and preparing bellwether trial cases. The most rewarding part is seeing that work all the way to the end when we take cases to a trial verdict. The most challenging (and fun) aspect about working on products liability matters is figuring out how to make important scientific concepts easily accessible for a judge or jury.
Amanda: My practice is focused on advising and defending leading pharmaceutical, medical device, consumer product, and life sciences companies in complex product liability, mass tort, and commercial litigation. I manage large-scale discovery and MDL coordination, advise clients on fact and expert development, and draft pleadings and dispositive briefing—motions to dismiss and remand and summary-judgment briefs. I also prepare and oppose Rule 702 and other evidentiary challenges. I counsel clients on a variety of legal issues regarding causation, jurisdiction, choice-of-law, and damages that provide the scaffolding for our factual and expert proofs. Clients turn to me for guidance on pre-litigation risk assessments, recall planning and crisis response, and advice on settlement posture and strategic trade-offs to align their legal strategy with business objectives.
What types of clients do you represent?
Our team represents global life sciences companies from bio/ pharmaceutical and medical device manufacturers to major retailers. We also represent consumer product companies spanning food, beverage, dietary supplements, consumer packaged goods, and cosmetic manufacturers and retailers. We also represent automotive, social media and other technology, chemical and other industrial manufacturers, suppliers, and insurers.
What types of cases/deals do you work on?
Morgan: My cases are focused on personal injury claims, mass torts (involving prescription drugs, devices, and consumer products), product-related class and consumer actions, and product-related commercial disputes. The products I defend may include items purchased in stores, treatments pre-scribed by doctors, and content consumed on the Internet.
Amanda: I handle the full range of product liability matters from high-exposure individual personal injury suits to coordinated mass tort MDLs and product-related class and consumer actions. I also work on regulatory-adjacent disputes that implicate FDA or other agency enforcement, cross-border discovery and multijurisdictional coordination, and coverage/indemnity issues for insurers and suppliers.
How did you choose this practice area?
Morgan: When I was a young lawyer, I was hyper-focused on chasing trial work. There was a product liability case that was getting ready for trial at the time, and I was lucky to be pulled into a jury exercise leading up to trial. I quickly realized that I enjoyed blending science with storytelling to create a compelling narrative for the jury. I continued working on product liability cases because the combination of science and human stories was fascinating to me, and product liability cases often lend themselves to jury trials. In addition, the product liability practice offers early, substantive experience for junior lawyers. The mass action format, which is often the framework for product liability litigation, provides early, hands-on experience for junior associates, including depositions and company witness preparation opportunities that my peers in business litigation were not getting.
Amanda: I was attracted to product liability because it is an exciting mix of rigorous legal analysis and high-stakes court-room practice. I enjoy the challenge of converting complex legal theories into trial-ready materials, but the opportunity to work directly with sophisticated in-house teams on their most important legal and business issues cemented my choice. Getting to serve as a trusted legal adviser to corporate litigation and product safety leaders helping shape litigation strategy, settlement posture, recall plans, and regulatory interactions makes the work not only intellectually challenging but also meaningfully tied to a client’s operational and reputational priorities.
What is a “typical” day like and/or what are some common tasks you perform?
Morgan: Product liability involves a great deal of collaboration and strategy. I spend a lot of time working with company witnesses and experts discussing strategy with our clients and co-counsel, communicating with opposing counsel, and coordinating the work of our teams. I am in constant communication with the lead partners on my cases, frequently in strategy sessions. Depending on the stage of the case, I argue at hearings, take and defend depositions, and handle dispositive briefings. Once a case is trial-ready, the work shifts to witness preparation, examination drafting, and trial strategy.
Amanda: There really isn’t a single “typical” day in products work. It’s driven by case stage and what’s next on the calendar, but most days blend strategic client counseling, intensive legal work, and hands-on trial preparation. Some days involve lots of meetings with clients or co-counsel to set priorities, while other days can be spent focused on researching thorny legal issues and drafting dispositive or evidentiary motions. During the height of discovery, I am primarily managing discovery strategy and disputes or preparing for fact or expert depositions. As we approach trial, the work shifts to witness prep, mock examination, demonstratives, and trial strategy.
What training, classes, experience, or skills development would you recommend to someone who wishes to enter your practice area?
Products liability is a great practice area for someone with genuine curiosity about how things work and how to explain to juries why their preconceived notions about big companies might need more exploration into real details. While you undoubtedly need a good grasp of civil procedure, evidence, and torts, it will also be helpful to take some seminars or CLEs on basic statistics, scientific literacy, or an introductory course on engineering or public health—anything that helps you parse technical reports and expert methodology. If you’re interested in trial work, knowing your way around Microsoft PowerPoint is surprisingly useful.
What misconceptions exist about your practice area?
Two misconceptions stand out. First, the idea that this work is purely technical and, therefore, best suited only to people with scientific degrees or training is a misconception. A science background is not required, and many product liability lawyers do not have a significant science background, just like many business litigators do not have finance degrees. Success in this practice requires the ability to take the technical points and translate them to lay audiences and subject matter experts, and it is a real advantage to be skilled in bridging the gap between the technical experts and the judges and juries. The second misconception is that many product liability and mass tort lawyers show up only after litigation begins. In reality, a large part of the practice involves pre-litigation counseling, risk assessment, and recall/crisis planning. We are proud not only to represent our clients in litigation but also to mitigate the risk of going to litigation.
What is unique about your practice area at your firm?
Sidley’s product liability and mass torts practice is defined by integrated strength: national trial experience and MDL leadership combined with firmwide regulatory, government investigations, appellate, and transactional capabilities. A cross-functional approach means that every case or client’s counseling benefits from the wide breadth of specialists in Sidley’s global platform. We routinely serve as lead counsel in MDLs and state coordinated proceedings, and our partners have taken cases to verdict across the United States. Clients benefit from case management that is both high-caliber and client-focused. We prioritize plans that are efficient, strategic, and aligned with business goals.
Equally important, our approach emphasizes fact and expert development. We embrace complex scientific and medical issues and invest in developing the experts and narrative themes that drive litigation success. We also provide proactive counsel, including preapproval risk assessments and recall/crisis responses, so clients can address vulnerabilities before litigation arises. Finally, our cross-disciplinary interface (with the FDA, EPA, DOJ, and intellectual property, regulatory, and corporate teams) and a bench that includes former agency officials give clients an insider’s perspective on com-plex enforcement and compliance challenges.
How do you see this practice area evolving in the future?
Product liability work is evolving and becoming more technically complex, global, and regulatory-driven. As products integrate more software, connectivity, and AI, litigation will increasingly involve cybersecurity, data integrity, and algorithmic causation, requiring deeper cross-disciplinary expert work.
At the same time, heightened agency and prosecutor activity will make pre-market counseling, compliance advice, and crisis planning more critical than ever. Global supply chains and cross-border issues will demand sophisticated multijurisdictional coordination, while advances in e-discovery, analytics, and visualization will reshape case development. Courts’ scrutiny of expert methods will increase, with lawyers needing to work on having even better technical literacy, sharper project management skills, and truly integrated teams.
What kinds of experiences can summer associates gain in this practice area at your firm?
Summer associates get substantive, hands-on exposure from drafting research memos on causation and admissibility to preparing deposition outlines, summarizing technical materials, and assisting with MDL or coordinated proceedings. They are also invited to court hearings, depositions, and client meetings. Under close supervision, summer associates take on real responsibility researching and drafting motions, supporting witness prep, and preparing for client presentations so they see how cross-disciplinary teams collaborate from start to finish.
Amanda Blau advises and defends leading pharmaceutical, medical device, consumer product, and life sciences companies in complex product liability, mass tort, and commercial litigation. She has significant experience managing federal multidistrict litigation (MDL) and state court coordinated proceedings, representing clients in matters that often carry high financial and reputational stakes. Amanda also maintains an active pro bono practice and has been a recipient of the Sidley Austin Pro Bono Award (2018–2024). Prior to joining Sidley, she was an intern in The Office of White House Counsel and for Judge Judith E. Levy of the U.S. District Court for the Eastern District of Michigan.
Morgan Branch is a trial lawyer and litigation strategist who represents clients in their most important trial-level litigation matters and arbitrations. She has a diverse range of experience advising clients in pharmaceutical, medical device, food and beverage, manufacturing, commercial, and consumer goods in complex product liability cases, commercial litigation, and consumer class actions in state and federal courts. She also advises on domestic and international arbitration matters. Morgan counsels clients at every stage of litigation, from case management and discovery strategy through fact and expert witness depositions, mediation, jury exercises, arbitration, and trial.
Describe your practice area and what it entails.
Bettina: I represent clients in complex commercial litigation. What sets our product liability litigation practice apart is the opportunity for lawyers to develop diverse skills and expertise, allowing them to tackle a wide range of challenging issues. Additionally, our attorneys often take ownership of cases much earlier in their careers compared to their peers at other firms, fostering both professional growth and client trust.
Tommy: I defend manufacturers against claims that they defectively designed their products or failed to warn about their risks, and such defect or failure to warn caused plaintiffs' injuries. To investigate and prepare defenses against these claims, we collect plaintiffs' purchase and medical records and take depositions of fact and expert witnesses.
What types of clients do you represent?
Bettina: I have the privilege of working on a team of phenomenal lawyers that represents consumer product manufacturers—in particular, Altria—on a range of matters.
Tommy: I represent pharmaceutical and consumer product clients, most recently including Sanofi and Altria.
What types of cases/deals do you work on?
Bettina: My practice focuses on complex civil litigation, including dozens of smoking and health cases pending in jurisdictions across the country. My work generally falls into two categories: As a "fact attorney," I handle jurisdictional case workups, discovery, and trials, while as a "law attorney," I focus on complex legal issues and appeals.
Tommy: In the past several years, I've spent most of my time working on nationwide product liability litigation concerning the heartburn medication Zantac.
How did you choose this practice area?
Bettina: Product liability offers lawyers the opportunity to tackle complex legal and scientific issues, collaborate with experts across disciplines, and develop a diverse set of litigation skills. The practice is intellectually rewarding and impactful, often involving high-stakes cases that shape industry standards. I chose this practice because of my passion for continuous learning—the chance to discover new things, collaborate with others, and take on meaningful responsibilities early in my career. Product liability is a dynamic and fulfilling area of law.
Tommy: I chose product liability primarily for two reasons. First, I like the fast-paced nature of the work. Because of the volume of cases and their often expedited schedules, I jump from one case, deposition, or hearing to another. Second, I enjoy how no two cases are the same even though they involve the same product; at a minimum, plaintiffs' use and medical histories will differ. This keeps things interesting.
What is a “typical” day like and/or what are some common tasks you perform?
Bettina: There’s no one typical day in our practice. One day, I might collaborate with colleagues across different offices and time zones on discovery strategy and preparing for complex depositions. Another day, I could be coordinating with a team on trial preparation. One of the many great aspects of our firm is the seamless collaboration across offices, giving lawyers direct access to clients and exceptional development opportunities across the firm.
Tommy: On a typical day, I'm discussing strategy and tasks with my team; conferring with counsel for co-defendants and plaintiffs; and revising briefs, pleadings, or discovery. Other days, I'm at depositions, hearings, or trials.
What training, classes, experience, or skills development would you recommend to someone who wishes to enter your practice area?
Bettina: A successful lawyer in this field needs strong litigation skills—legal writing, deposition techniques, and courtroom advocacy—combined with effective communication that adapts seamlessly to clients, co- and opposing counsel, and judges. Mastery of the law, a thorough understanding of procedural rules, and sound judgment are essential. Equally important is the ability to collaborate with colleagues, empathize with clients' needs, and lead inclusively.
Tommy: We take and defend many depositions in mass torts, so I'd suggest a deposition skills class. I took one in law school, and it gave me a solid foundation to build on.
What is the most challenging aspect of practicing in this area?
Bettina: One of the challenges of our practice is navigating unique factual and legal questions that rarely have straightforward answers. However, this also creates opportunities for creative thinking, persuasive advocacy, and practical problem-solving.
Tommy: The most challenging aspect is vetting and weeding out non-meritorious claims that get lumped together with thousands, if not tens of thousands, of lawsuits.
What do you like best about your practice area?
Bettina: The best part of my practice is working with brilliant colleagues every day. When I first interviewed for a summer associate position at Arnold & Porter over a decade ago, I was struck by how intelligent, yet down-to-earth and approachable, the lawyers were. The firm fosters an environment where people can have fulfilling personal lives, families, and hobbies outside of work without compromising the exceptional quality of the lawyering that happens here every day.
Tommy: I like learning the science from our experts; they are at the top of their respective fields at leading institutions, and I get a front-row crash course.
What kinds of experience can summer associates gain in this practice area at your firm?
Bettina: Summer associates play a hands-on role in our litigation, whether that be through contributing critical legal research for major briefs or analyzing complex facts for deposition preparation. We also provide meaningful opportunities to observe experienced attorneys in action during depositions and important hearings, offering valuable insight into the practice of law.
Tommy: Unlike in other practice areas, there are often many opportunities for summer associates to shadow depositions and hearings because of the number of cases.
How useful is technical and scientific knowledge for your everyday practice?
Bettina: In the product liability space, nearly every case involves complex technical and scientific issues. A willingness to dive into the science, engage with experts, and apply that knowledge to our litigation is among the most exciting and critical aspects of our work.
Tommy: Having a technical or scientific background is not necessary to get up to speed on issues we often face, such as those related to epidemiology, toxicology, and plaintiffs’ medical treatment for their injuries. I was an economics major, and many in my practice group studied the humanities.
Bettina Jendrek is a member of the firm’s product liability litigation group, where she represents clients in complex civil cases, focusing on mass tort, product liability, and personal injury litigation in state and federal courts, with a particular focus on tobacco cases. Bettina’s practice encompasses every phase of litigation, including case investigation and strategic assessment, crafting and executing discovery plans, deposing fact and expert witnesses, and preparing cases for trial. She has been a key member of trial teams in multiple high-stakes jury trials, bringing valuable litigation skills and a commitment to achieving successful outcomes for her clients. She also has significant experience litigating disputes over attorney fees and costs.
Tommy Huynh is a products liability lawyer based in the San Francisco Bay Area. Tommy’s practice focuses on representing pharmaceutical and consumer product companies in complex product liability and mass tort litigation across the country, including in federal multidistrict litigations and state court coordinated proceedings.
Describe your practice area and what it entails.
Alicia: My practice area focuses on litigation for companies in the life sciences and energy sectors, usually involving multiple plaintiffs. For example, in product liability cases, a group of plaintiffs will often sue the corporation. These cases tend to be complex and nuanced. I collaborate with experts and the business to understand the product, helping me build a stronger defense.
Emily: I handle complex litigation, including representing product manufacturers and sellers in product liability litigation. Product liability cases include allegations that an individual was injured because of an allegedly defective product. The product can be defective based on its design (it is unreasonably dangerous), manufacture (an error in the manufacturing process or in the materials), or warnings (the warnings or instructions were inadequate). The claims are typically pursued under state law but can be litigated in both state and federal courts. Cases can be pursued individually, in various groupings or consolidated matters, or in multidistrict litigation. This practice involves working with very sophisticated clients and requires not only understanding the law but also understanding the product and human nature. It involves working with subject matter experts in many different fields to understand how products are made and how they work. This practice area also requires an understanding of human behavior and interaction with products.
What types of clients do you represent?
Alicia: Pharmaceutical companies and energy companies. For example, the top companies I represent are Shell, Toyota, Walmart, and Takeda.
Emily: My clients are food and consumer product manufacturers and sellers. Most frequently, they are large, well-established multinational companies with existing products. I work with their in-house legal departments, primarily their litigation attorneys. I also advise companies that do not have in-house legal departments and those hoping to develop new products for consumers.
What types of cases/deals do you work on?
Alicia: Everything is focused on litigation or preparing for it, usually involving multiple plaintiffs. The cases are often class actions or multidistrict litigations. For example, I’ve worked on several high-stakes cases that tend to attract media attention due to their nature.
Emily: I represent clients in disputes, often involving claims by consumers related to product advertising or design or alleged injuries from products. I also represent clients in other complex litigation, including that involving supply chain contracts, and advise on risk relating to products, particularly around product advertising and safety. Typical product liability cases involve a person who claims to have been injured from a product. Often there is a dispute as to which product was actually involved (and whether it was made by the client), a dispute about whether it was altered after the time it was made, a dispute about whether it was abused or misused, or a dispute about whether it actually caused the injury that was alleged.
How did you choose this practice area?
Alicia: I chose this practice area because of my mentors and the great people I got to work with. Once I started working with clients in the field, I really appreciated how smart and collaborative they are. The issues are always interesting and varied, so I’m never bored. I also noticed there weren’t many women litigators in this space, and I saw it as a chance to take the road less traveled and hopefully help bring more women into the field.
Emily: When I started in private practice after completing law school and a clerkship, I was drawn to a small firm that was run by one of the best trial lawyers in the country. The firm focused on complex litigation for companies, including product liability litigation, class actions, environmental claims, and business disputes. Over time, I became more proficient in product liability work through working on several different dockets of cases involving products.
What is a “typical” day like and/or what are some common tasks you perform?
Alicia: What I enjoy about my job is that there is not a typical day, but common tasks can include anything from meeting with experts, such as an orthopedic surgeon, to doing a field inspection, touring a power plant, or conducting depositions.
Emily: Product liability work always involves risk assessment, thinking about the ultimate trial and developing themes and strategies to best position the client for trial or resolution. Day-to-day, common tasks include interviewing witnesses; collecting and reviewing documents; working with experts in various fields; communicating with opposing counsel; and handling hearings, depositions, or other proceedings. Because the work is complex, we generally have multiple lawyers working together in teams, so there is a lot of collaboration.
What training, classes, experience, or skills development would you recommend to someone who wishes to enter your practice area?
Alicia: For me, I credit a lot to my mentors. It’s key to be in a space with experienced litigators who are going to invest the time in to mentor and help build your growth. As far as resources, I tend to enjoy my CLE opportunities within my space, and I also love a good podcast. I tend to stay up-to-date on what’s going on in the space and follow up with colleagues who have published articles on recent topics
Emily: All the training that goes into complex litigation and trial practice would be relevant. Research and writing are extremely important skills—most of the advocacy to the court, as well as advice to the client, is in the form of writing. Clerkships, or other opportunities to develop research and writing skills, are extremely helpful. This practice area is ideal for individuals who are naturally curious because it involves a lot of investigation of facts: What is the product? How does it work? How can it fail? What happened in the case? Who are the witnesses? Individuals with backgrounds in social sciences, journalism, or other research fields would be well-equipped to navigate the work.
What do you like best about your practice area?
Alicia: I like that I am able to engage in litigation or investment management that impacts the company’s portfolios. This allows me to see how my role is critical to the success of the company and the overall support of their strategic objectives. We have the opportunity to help companies protect and advance their missions. One company that comes to mind has a mission to alleviate pain, restore health, and extend life. To be a part of helping that company support its mission by helping with its litigation defense is something that I find meaningful and rewarding.
Emily: I learn something new every day, often about things outside the law. I learn how different products work and how they are made. If the case involves a fire, I learn about fire origin and cause analyses. I learn about the facts of specific incidents and try to understand what happened as if I am a journalist or even a novelist. It is the perfect practice area for people who have natural curiosity. I also enjoy working on teams and collaborating with highly sophisticated clients and experts.
What misconceptions exist about your practice area?
Alicia: A common misconception about being a litigator is that you need to adopt a cutthroat, tough persona like you see in movies. For me, showing up as my authentic self—which is almost the opposite of that—has worked really well. I’ve found that both opponents and jurors tend to connect with me better because they see something they can relate to. On the other hand, they might be put off by the stereotypical tough litigator persona, especially when it’s clear that the persona is a façade.
Emily: Before doing this work, I could not reconcile why anyone would want to practice in a profession that seems to help companies at the expense of injured individuals. I quickly learned that the practice is about advising clients who are relying on outside counsel to navigate complex issues and do the right thing. Often the case is not clear-cut. It is not clear that the product involved was the client’s product, that the product caused the injury, or that a proposed alternative design would be better. Further, some of the products we defend are lifesaving in some regard, such as medical devices or safety equipment.
What are some typical tasks that a junior lawyer would perform in this practice area?
Alicia: The tasks involve fact investigation, including interviews with company employees and fact witnesses, as well as discovery. Junior lawyers handle all aspects of discovery, from written discovery to observing or taking depositions. As a junior lawyer, I had the chance to take multiple depositions by my third year of practice, especially with cases involving many plaintiffs. I also tried a bench trial within my first six months of practice.
How do you see this practice area evolving in the future?
Emily: Products liability work will always exist, and there will always be a push-and-pull between the competing desire for innovation and new product development, choice in product designs, and the yearning for inexpensive products against the reality that people can get hurt from products. I anticipate that the use of AI, whether in the product design phase, marketing, or other decision-making aspects for clients, will become part of the practice. We are also seeing a trend in rising jury verdicts in products liability cases, which can elevate individual cases into bet-the-company litigation.
What kinds of experience can summer associates gain at this practice area at your firm?
Alicia: Summer associates have the opportunity to do a variety of things within this practice space. There are many opportunities to get out from behind the desk, whether it be observing a hearing, a deposition, or even a trial. They’re able to experience firsthand what a day in the life of a lawyer might be. The assignments they’re given are real and give a great perspective and insight into what the practice of law is.
Emily: Summer associates work on case analyses, legal research, fact development, expert workups, understanding the product, assisting in depositions, drafting motions, and strategy development. They may observe hearings, trial, or even jury research exercises. This is a practice area where even the most-junior attorneys are valued because everyone uses these products, and everyone has life experiences that can help frame the issues. It is easy to jump in and quickly become an invaluable member of the team.
Emily Ambrose practices primarily in the areas of class action defense, products liability defense, appeals, and other complex litigation. She also frequently provides legal advice to business clients spanning labeling, regulatory, environmental, and other types of risk mitigation. Emily was recently honored by Minnesota Lawyer as being among the Top Women in Law and was named in Benchmark Litigation’s 40 and Under List. She has experience in all aspects of civil practice, including defending and taking witness and expert depositions; arguing motions; conducting all phases of discovery, including coordinating large-scale electronically stored information discovery; and going to trial. Emily is a skilled writer and oral advocate and has led efforts to defeat multiple putative class actions at the motions-to-dismiss stage, reverse class certification, and obtain summary judgments and favorable Daubert rulings in multiple cases. Prior to private practice, Emily clerked for the Minnesota Court of Appeals.
Alicia Grant is a partner in the firm’s product liability and consumer disputes group. Alicia’s practice focuses on all aspects of product liability actions, such as mass torts and complex commercial litigation in state and federal court, including class actions and multidistrict litigation. Her recent experience includes the successful defense of a global corporation against false advertisement claims in federal class action litigation and first chairing a bench trial in state court.
Prior to law school, Alicia had a 10-year career with the Bexar County Appraisal District where she gained extensive experience in arbitration, mediation, and other alternative dispute resolutions. Alicia builds on this experience to provide effective case resolution strategies. Before joining the firm, she clerked for the Honorable Tony M. Davis, United States Bankruptcy Judge for the Western District of Texas.
Describe your practice area and what it entails.
I focus on consumer class actions, product liability, and mass tort litigation. My practice involves defending a wide range of companies—many of which manufacture, sell, or market consumer products—facing allegations of false advertising, unfair competition, or consumer fraud.
What types of clients do you represent?
Over my 15-year career, I’ve represented companies across a broad spectrum of industries, including companies in the food and beverage sector, apparel companies, pharmaceutical companies, healthcare companies, fintech companies, and sports and entertainment companies.
What types of cases do you work on?
Typically, I work on mass torts or class actions brought on behalf of a putative class of consumers. One example is our representation of boxing promoter Top Rank, boxer Manny Pacquiao, and broadcasters in litigation after Pacquiao fought Floyd Mayweather. The plaintiffs’ attorneys filed close to 50 class actions in over a dozen states across the country, essentially demanding refunds because they were not satisfied with how the fight unfolded. We ended up creating a multidistrict litigation (MDL) to coordinate pretrial litigation, through which we secured the dismissal with prejudice of all cases and defended the dismissal on appeal before the Ninth Circuit. This litigation is pretty representative of the type of cases I work on, namely, its high-profile nature and procedural complexities. In many of my matters, we defend companies facing litigation or investigations brought by state attorneys general, who have broad authority to bring claims against companies based on allegations of false advertising and consumer fraud.
How did you choose this practice area?
What initially drew me to this area is that I really liked Civil Procedure in law school. I like figuring out thorny procedural issues, and in consumer class actions and mass tort litigation, you’re often dealing with dozens, hundreds, sometimes thousands of cases. Aside from the factual disputes and the legal questions at issue, you also have the challenge of simultaneously litigating all those cases on behalf of a client. I’ve enjoyed the process of coming up with a plan that allows you to efficiently represent a company facing that many cases.
The second thing that drew me was the early writing opportunities. When you’re dealing with that volume of cases, it’s often all hands on deck. I found that I was getting a lot more writing opportunities working on this type of litigation.
What is a “typical” day like and/or what are some common tasks you perform?
Our firm often represents companies that are facing cases that are not only high-exposure but also high-profile. Because of that, these cases tend to draw the attention of the company’s senior executives. You’re often not just helping a client with a motion to dismiss or with discovery but also helping them navigate the big picture and, therefore, ask, “How are we going to litigate this in the court of public opinion?” You’re helping the client think through how the position that it is going to take in a case might impact its business more broadly. Counseling my clients on issues like these is something I’ve really enjoyed doing.
What training, classes, experience, or skills development would you recommend to someone who wishes to enter your practice area?
I would emphasize writing. When I became an associate, I did not fully appreciate just how critical it is to be a great writer. And it’s something that you never stop learning to do. You can continue to get better at it no matter how senior you are. I think that the earlier you start with courses that allow you to work on your own writing and to read great writing, the better. Anything that helps you become a better legal writer is far and away the best use of your time in law school.
What do you like best about your practice area?
I like that there is so much variety in terms of the industries we work with. My practice gives me the opportunity to get familiar with a company and the products that it sells, and I have an opportunity to tell the story behind a product to a court or jury. I find that enjoyable, especially when you’re working with clients in so many different industries because you have the opportunity to keep learning something different.
What is unique about your practice area at your firm?
O’Melveny’s product liability and mass torts practice group is known for litigating and trying massive, high-profile cases that involve novel legal questions. Major companies turn to us for their most pressing matters in this area, and our track record successfully representing them at the trial court level and on appeal is what sets us apart.
What are some typical tasks that a junior lawyer would perform in this practice area?
I mentioned early writing opportunities, and this practice can provide other early opportunities for the same reason. I took depositions pretty early in my career by working on mass torts and coordinated product liability proceedings. This type of litigation also gives you the opportunity to think critically about not just the factual disputes that you have in any lawsuit but also bigger questions, like how do we manage this case? How do we come up with a proposal for the client and for the court to efficiently and effectively manage litigating hundreds, if not more, cases that are on a court docket?
How do you see this practice area evolving in the future?
The number of mass arbitrations has been increasing, and mass arbitrations are closely related to class actions. I think in the next few years, we’re going to see more court challenges to mass arbitrations, and more courts ruling on when mass arbitrations are appropriate and what kinds of challenges companies can make. There’s also been a lot of discussion about civil justice reforms for MDLs. There have been some recent amendments to the Federal Rules of Civil Procedure meant to address MDLs. These rules are likely only the beginning. Finally, I would point to the impact of AI. Companies are using AI in products like cars, as just one example. As more AI applications are developed, there are going to be thorny questions around what AI means for the purposes of product liability.
Esteban Rodriguez is an accomplished litigator whose diverse practice focuses on defending companies in complex mass tort cases, consumer class actions, commercial litigation, and lawsuits brought by government entities. A home-grown attorney, Esteban has been a critical member of O’Melveny teams handling some of the most complex and high-profile cases of the past decade. Esteban’s expertise includes defending companies against allegations of product liability, false advertising, unfair competition, public nuisance, and consumer fraud. Esteban has litigated these matters for clients across a broad spectrum of industries, including consumer products, life sciences, healthcare, financial services, sports, and entertainment. A fluent Spanish speaker, Esteban also has substantial experience advising and representing companies in cross-border litigation and investigations. Esteban devotes significant time to immigration-related pro bono matters. Esteban also serves on the Los Angeles County Bar Association’s Board of Trustees and the Hispanic National Bar Association (HNBA) Board of Governors. Esteban is also Regional Governor for HNBA’s Region XVIII (Southern California), and serves on the Board of Directors of ScholarMatch, an organization that assists first-generation college students in achieving affordable higher education.