Alycia serves as lead strategic and coordinating counsel in product liability litigation, including multidistrict litigation (MDL) and state coordinated proceedings, where she has led the defense of some of the largest California coordinated product liability litigations (JCCPs). Having helped build and later co-lead an AmLaw 10 firm’s highly ranked practice for more than 20 years before joining former colleagues at Shook, Alycia defends clients in product liability and mass tort litigation, class actions, and complex civil and appellate litigation.
Alycia helps her clients reach their business goals through negotiated resolution when possible and fights for them in court when necessary. Alycia regularly advises and defends life science companies in their most complex matters—including pharmaceuticals, medical devices, over-the-counter (OTC) drugs, food, dietary supplements, cosmetics, and other personal care products. She also advises and defends clients in many other industries, including automotive, telecommunications, manufacturing, and emerging technologies, among others.
Besides product liability litigation, Alycia defends companies against consumer fraud and unfair competition class actions. She is seasoned in guiding companies through significant product recalls and helps them navigate the regulatory, litigation and reputational risks that can surround them. She also counsels clients on strategies to avoid litigation and mitigate product and marketing risk in the context of often-complex laws and regulations.
Alycia understands and respects that litigation often brings with it uncertainty and disruption, and that it is always a “business issue,” whether her client is a Fortune 100 public company or a founder-run private venture. A pragmatist, she partners with her clients to create a holistic strategy that both recognizes the interests of varied stakeholders and honors her clients’ core mission of developing and bringing to market innovative products, therapies and services that improve and save lives.
Alycia is active in pro bono causes, with notable successes in advocating for immigrants and death row inmates. She was part of a team that won two awards from the ACLU of Southern California for pro bono wins: the Immigrant Justice Award and the Criminal Justice Award.
Representative Matters
Appointed as defendants’ lead and liaison counsel in California JCCPs involving large product liability and mass tort litigations.Serve as national and regional counsel to life sciences companies in product liability and consumer fraud litigation involving pharmaceuticals, medical devices, cosmetics, food, and over-the-counter drugs.
Obtained dismissal on grounds of federal preemption of claims against the manufacturer of a premarket-approved medical device.
Advise emerging consumer products companies on product liability and consumer fraud risk management.
Advise clients on product liability and consumer fraud due diligence for anticipated initial public offerings (IPOs) and acquisitions of consumer products, pharmaceutical development, and vehicle companies.
Represented a pharmaceutical company in the damages phase of a Hatch-Waxman patent infringement lawsuit where her team obtained a $104 million judgment following a three-week bench trial, of which more than $98 million was affirmed on appeal by the Federal Circuit.
Defended a cosmetics company in a putative class action alleging false advertising and improper drug classification. The U.S. District Court granted summary judgment for the defendant and held that the plaintiff’s claims were preempted because the plaintiff was improperly attempting to privately enforce the Food, Drug, and Cosmetic Act.
Obtained dismissal, summary judgment and denial of class certification in a series of putative nationwide and statewide class actions against a pharmaceutical company involving the alleged false advertising of a prescription drug.
Obtained dismissal on grounds of federal preemption of a class action challenging the marketing of over-the-counter cough and cold medicines.
Obtained summary judgment in a putative class action challenging the labeling and advertising of probiotic products.
Presentations and Publications
Speaker, Settlement — Tips and New Challenges, Consumer Class Actions Conference, Chicago, May 18, 2023.
Speaker, Coordination Between Federal & State Courts, Epiq Mass and Class Summit 2023, Ft. Lauderdale, March 1, 2023.
Speaker, The Intersection Between Class Action, MDLs and JCCP, Western Alliance Bank Class Action Law Forum, San Diego, March 16, 2022.
Co-Author, “Challenges for Ex-U.S. Entities Confronting the U.S. Regulatory and Tort Labyrinth” Chapter, International Comparative Legal Guides: Drug & Medical Device Litigation 2020, April 28, 2020 (with Andrew B. Talai, Heidi Levine and Kara L. McCall).
Media
Shook Hardy & Bacon Adds Alycia Degen to Product Liability Team, Bloomberg Law, March 14, 2024.
Sidley Product Liability Ace Jumps To Shook Hardy In LA, Law360, March 14, 2024.
With Mass Torts ‘Getting Even Bigger,’ Shook One of the Latest to Add in LA, The American Lawyer, March 13, 2024.