David Ferrera, chair of the firm's Product Liability and Toxic Tort Litigation practice group, and Dawn Curry, a partner in the practice group, published "What to Do When Your U.S. Mass Tort Goes International" in the September 2014 issue of the Defense Research Institute's (DRI) For the Defense magazine. The article discusses how in a global economy drug and medical device companies that face mass tort litigation can see it quickly "spread" to international markets. David and Dawn point out that while many lawyers are familiar with the nuances of navigating the differences between U.S. federal and state litigation, the scope of coordinating with international counsel and their local court rules adds a whole new layer of complexity.
There are many challenges when working with a client's worldwide legal team to ensure consistency of factual and expert testimony and defense themes across multinational borders. David and Dawn focus on the following topics to offer some insight and practical advice on what to do when your U.S. mass tort goes international, including:
- Managing the effect of different legal systems on multinational litigation
- Using pre-trial fact discovery in multinational litigation
- Preparing and presenting expert witnesses
- Understanding developments in the OUS (outside the United States) landscape
- Practical tips for effective coordination between U.S. and OUS counsel
- Cultivating awareness of cultural differences
They note that being open to the perspectives of foreign counsel and witnesses, and increasing one's understanding of nuanced differences in foreign jurisdictions, will help create a cost-effective approach to international mass tort litigation.
To view the article, click here.
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