Practice Areas
SHB Practice Areas

International Litigation & Dispute Resolution

Shook, Hardy & Bacon is a powerhouse litigation firm with 10 offices located throughout the United States and Europe. With a reputation for consistent results and cost-effective strategy, SHB and its award-winning attorneys have recently garnered the following international accolades:

  • The American Lawyer - Product Liability Litigation Department of the Year: 2012 & 2008 | Product Liability Litigation Department of the Year Finalist: 2010. The magazine reported of SHB that "more than any other firm in the product liability competition, it tries cases and wins."

  • Who's Who Legal: The International Who's Who of Business Lawyers - Global Product Liability Law Firm of the Year: 2005 - 2012.

  • Who's Who Legal: The International Who's Who of Product Liability Defence Lawyers - This annual guide has singled out SHB as having the world's "preeminent product liability practice."

  • The Legal 500 - The 2011 edition recognizes SHB as a national leader in products liability litigation for consumer products, pharmaceuticals and medical devices, and automotive/transport, and in intellectual property for utility and design patents. The guide’s UK edition also recognizes SHB as a leading health and safety law firm.

  • Guide to the World's Leading Product Liability Lawyers: SHB was selected as the world’s leading product liability firm in the 2011 edition of this prestigious guide.

SHB excels in both national and international litigation, focusing on the defense of global product liability claims, class actions and other complex torts. In addition, the firm boasts skilled mediators and arbitrators who bring years of experience to the dispute resolution table. This combination has ranked SHB attorneys among the most sought-after practitioners in high-stakes litigation across the globe.

Practice Area Contacts

Anthony J. Andrade
816-559-2142

Simon J. Castley
+44 (0)20-7332-4655

Related Practice Areas

Business Litigation
Class Actions & Complex Litigation
FCPA & Anti-Corruption Compliance
Global Product Liability
Pharmaceutical & Medical Device Litigation
Public Policy
Strategic Issues Management
Tort

International Class Action Bulletin

ICAB - Mexico

9/1/11


ICAB - Italy

7/31/09


ICAB - Argentina & Brazil

7/31/09


ICAB - Mexico

5/6/09

Product Liability Litigation Report

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Led by co-chairs Tony Andrade and Simon Castley, the SHB International Litigation & Dispute Resolution Practice offers unparalleled expertise in products liability, pharmaceutical and medical device, commercial, and environmental litigation. Mr. Andrade was a founding partner of the firm’s London office and has 30 years experience in product liability litigation in Latin America, Europe and Asia. Mr. Castley is the firm’s delegate at the Product Liability Forum run by the British Institute of International and Comparative Law. Both Mr. Castley and Mr. Andrade are included in Expert Guides: Guide to the World’s Leading Product Liability Lawyers and Who’s Who Legal – The International Who’s Who of Business Lawyers.

Litigation

The SHB International Litigation & Dispute Resolution Practice has cultivated an in-depth understanding of the legal nuances unique to countries and jurisdictions throughout the world. With decades of experience handling complex global litigation, SHB attorneys have represented many of the world’s largest pharmaceutical and medical device manufacturers, tobacco companies, consumer product manufacturers, and retailers. This practice offers clients nearly 50 years of defense expertise honed in some of the most critical litigation arenas to date.

SHB locations in London and Geneva also establish a solid European base of operations suited to meet a range of geographical needs. The international litigation practice enjoys long-standing relationships with prestigious law firms in more than 70 countries. These partnerships are arranged after a rigorous interview and selection process designed to maximize the quality of legal services available to clients. To this end, SHB lawyers have gained access to in-country courts and thus acquired firsthand knowledge of the idiosyncratic legal and societal factors that often have a major impact on litigation.

Whether a litigation issue arises across the street or across many time zones, SHB has the resources to execute a multifaceted defense on behalf of clients engaged in products liability, commercial or environmental matters. Recognized as an innovator in the field of national and international case management, the firm has developed a sophisticated infrastructure and a network of global contacts that allow SHB attorneys to deliver consistent results on a worldwide basis. This ability to mold an approach to fit multiple jurisdictions is the hallmark of the SHB International Litigation & Dispute Resolution Practice.

Arbitration & Dispute Resolution

Drawing on its rich tradition of trial advocacy, SHB is also well-positioned to meet the needs of litigants interested in dispute resolution. Members of this practice have served in court-mandated mediation, as well as in situations where parties have sought to mediate without court compulsion. They have also acted as arbitrators under various promulgated and ad hoc rules, such as the rules of the American Arbitration Association, the CPR Institute for Dispute Resolution, the National Association of Securities Dealers, Inc., the New York Stock Exchange, and the Chartered Institute of Arbitrators (North American Organization) based in London. A founding member of the CPR Institute for Dispute Resolution, SHB has long supported the institute’s aim of finding cost-effective ways to settle disputes.

SHB attorneys have also been involved with innovative alternative dispute resolution (ADR) processes. For example, an SHB lawyer serving as the “neutral” under a case management order also conducted all discovery in the matter, assuming a role similar to that of a court-appointed investigator in some European courts. Under this arrangement, the neutral received “position papers” from the parties and prepared a report used as the basis for settlement. Another such process involves pre-suit ADR, whereby the neutral will supervise the exchange of documents, the witness interviews and the expert presentation to the litigants, prior to engaging in traditional mediation.

To read more about SHB’s commitment to dispute resolution, please click here.

Risk Avoidance Counseling

The SHB International Litigation & Dispute Resolution Practice recognizes that liability claims and lawsuits, even when successfully defended, can tarnish a company’s reputation, disrupt business and damage the bottom line. As a result, members of this practice regularly conduct risk assessments and provide risk avoidance advice to both domestic and international clients. In formulating strategies to minimize current and future liability, SHB lawyers research the mandatory and voluntary standards, as well as other applicable regulations and requirements, issued by agencies such as the Consumer Product Safety Commission. This approach also entails reviewing the warnings, instructions for use, warranties, and advertisements associated with a product; comparing company programs and practices with industry standards; and evaluating the case law concerning similar products. In particular, SHB has provided risk avoidance counseling with respect to televisions, television lighting towers, automobiles, household cleaning products and appliances, food and beverages, consumer products, broadcasting equipment, commercial appliances, and workplace products. Moreover, SHB international law attorneys leverage their trial experience to anticipate the potential litigation issues faced by companies marketing a product in the United States.

SHB regularly represents pharmaceutical and medical device companies in international litigation matters. Specific representative examples of our experience in this area include:

  • Global Medical Device Company – Since 2005, SHB has coordinated international product liability litigation for a large medical device manufacturer’s product line of defibrillators, pacemakers, and resynchronization devices. These cases range from traditional personal injury claims to product-related insurance issues and commercial disputes in a number of countries, including: Hong Kong; Japan; Italy; Germany; France; United Kingdom; Austria; and Argentina. SHB is also partnering with Canadian counsel to defend the Company in two pending nationwide class actions in Ontario, Canada. The actions arise from recalls affecting over 15,000 implantable defibrillators and pacemakers.

  • Hip Implant Litigation – SHB has represented a large pharmaceutical manufacturer in claims throughout Europe regarding hip implant devices sold before the divestiture of that business. A putative British group action was averted; and in 2008, a small number of remaining UK claims were successfully resolved at an optimal time. SHB currently coordinates the defense of the remaining product claims in France, Poland and Italy.

  • Bausch & Lomb – Since 2006, we have represented Bausch & Lomb internationally in matters pertaining to the ReNu® with MoistureLoc® contact lens solution. SHB has advised B&L regarding UK procedural and costs issues, and we have conducted collections of Company documents in Singapore and Hong Kong.

  • Pharmacia – For several years, beginning in the late 1990's, we represented Upjohn (later Pharmacia) in the UK in various product liability and commercial litigation matters. The most significant engagement was the defense of litigation related to Depo-Provera contraceptive injection. These claims were resolved, either on a summary basis; or they were dismissed.

SHB also frequently provides counseling and advice to pharmaceutical and medical device companies on a host of international regulatory and compliance issues, including clinical trials, labeling, data privacy, Foreign Corrupt Practices Act (FCPA), and anti-counterfeiting.

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