Frank has practiced in national mass tort litigation for over three decades at both the trial and appellate levels. He has represented clients in litigation involving prosthetic heart valves, orthopedic appliances, breast implants, contraceptive devices, pharmaceuticals, heart-lung machines, ophthalmic instruments, dental appliances and hematologic analyzers. He has also been involved in personal injury and property damage litigation involving electric and magnetic fields and toxic tort litigation involving exposure to copper beryllium, asbestos and chlorine. Frank has defended class action, consumer fraud, and deceptive trade practice litigation concerning alcoholic beverages, pharmaceuticals, vehicles, dietary supplements and food products.
Frank recently obtained two significant victories before the California Supreme Court, in Monster Energy v. Schechter, 7 Cal.5th 781 (2019), and in Hairu Chen v. L.A. Truck Centers, 7 Cal.5th 862 (2019).
In June of 2009, Frank represented plaintiffs in the trial of a case that involved a fatal helicopter crash in China and obtained a $6.4 million verdict. Hubei Gezhouba Sanlian Industrial Co., et al. vs. Robinson Helicopter Co., 2009 WL 2190197 (C.D. Cal.) The verdict was upheld by the Ninth Circuit Court of Appeals. Hubei Gezhouba Sanlian Industrial Co., Ltd. vs. Robinson Helicopter Co., 2011 U.S. App. LEXIS 6428 (9th Cir.). It was selected by the Daily Journal as one of the top plaintiff verdicts in California in 2009. In 2010 and 2011, Frank led a team that represented a large automotive manufacturer in defending a class action involving a sport utility vehicle.
Before joining Shook, Frank successfully argued before the California Court of Appeal and the California Supreme Court in EMF litigation against San Diego Gas & Electric that California's trial courts lack jurisdiction to hear cases challenging the configuration of power lines that comply with California Public Utilities Commission orders. San Diego Gas & Electric Co. v. Superior Court, 38 Cal. Rptr. 2d 811 (1995); San Diego Gas & Electric Co., 13 Cal.4th 694, 55 Cal. Rptr. 2d 724 (1996).
Monster Energy v. Schechter, 7 Cal.5th 781 (2019).
Hairu Chen v. L.A. Truck Centers, 7 Cal.5th 862 (2019).
Fitzpatrick v. Tyson Foods, Inc., 2018 Fed. App. LEXIS 6223 (9th Cir. 2018).
Duran v. Obesity Research Institute, LLC, 1 Cal. App. 5th 635 (2016).
Boris v. Wal-Mart Stores, Inc., 2016 U.S. App. LEXIS 7467 (9th Cir. 2016).
Boris v. Wal-Mart Stores, Inc., 35 F. Supp. 3d 1163 (C.D. Cal 2014).
Hubei Gezhouba Sanlian Industrial Co., Ltd. v. Robinson Helicopter Co., 425 Fed. Appx. 580 (9th Cir. 2011).
Peviani v. Hostess Brands, Inc., 750 F. Supp. 2d 1111 (C.D. Cal. 2010).
Sanchez v. Wal-Mart Stores, Inc., 221 P.3d 1276 (Nev. 2009).
Hubei Gezhouba Sanlian Industrial Co., Ltd. v. Robinson Helicopter Co., 287 Fed. Appx. 599 (9th Cir. 2008).
Gartin v. S&M Nutec LLC, 245 F.R.D. 429 (C.D. Cal. 2007).
Clayton v. Superior Court, 67 Cal. App. 4th 28, 78 Cal. Rptr. 2d 750 (1998).
Davis v. Shiley Inc., 64 Cal. App. 4th (advance sheets) 1257, 75 Cal. Rptr. 2d 826 (1998).
Ford v. Pacific Gas & Electric Co., 60 Cal. App. 4th 696, 70 Cal. Rptr. 2d 359 (1997).
Los Angeles County Metropolitan Transportation Agency v. Continental Development Corp., 16 Cal. 4th 694, 66 Cal. Rptr. 2d 630 (1997).
Kunec v. Brea Redevelopment Agency, 55 Cal. App. 4th 511, 64 Cal. Rptr. 2d 143 (1997).
San Diego Gas & Electric Co. v. Superior Court, 13 Cal. 4th 893, 55 Cal. Rptr. 2d 724 (1996).
San Diego Gas & Electric Company v. Superior Court, 32 Cal. App. 4th (advance sheets) 1062, 38 Cal. Rptr. 2d 811 (1995).
Ministry of Health v. Shiley, 858 F. Supp. 1426 (C.D. Cal. 1994).
Artiglio v. Superior Court, 22 Cal. App. 4th 1388, 27 Cal. Rptr. 2d 589 (1994).
McGhan Medical Corp. v. Superior Court, 11 Cal. App. 4th 804, 14 Cal. Rptr. 2d 264 (1992).
Shiley Inc. v. Superior Court, 4 Cal. App. 4th 126, 6 Cal. Rptr. 2d 38 (1992).
Stangvik v. Shiley Inc., 54 Cal.3d 784, 1 Cal. Rptr. 2d 556 (1991).
Stangvik v. Shiley Inc., 223 Cal. App. 3d (advance sheets) 1176, 273 Cal. Rptr. 179 (1990).
Khan v. Shiley Inc., 217 Cal. App. 3d 846, 266 Cal. Rptr. 106 (1990).
Shiley Inc. v. Superior Court, 203 Cal. App. 3d (advance sheets) 1376, 250 Cal. Rptr. 793 (1988).
Corrigan v. Bjork Shiley Corp., 182 Cal. App. 3d 166, 227 Cal. Rptr. 247 (1986).
Landscape Specialties v. Laborers' Intern., 477 F.Supp. 17 (C.D. Cal. 1979).
Current and Previous Positions
National counsel for a major retailer in food pathogen litigation.
National counsel for a major retailer in Ephedra litigation; member of Ephedra MDL Defendants’ Coordinating Committee.
National counsel for VLI Corp. in Today Contraceptive Sponge litigation.
National counsel for 3M Company in dental amalgam litigation.
Lead California counsel for Shiley Inc. in Bjork-Shiley heart valve coordinated California proceedings.
Lead Southern California counsel for Wyeth in PPA coordinated California proceedings.
Lead California counsel for Wyeth in Kava Kava consolidated California proceedings.
Lead Southern California counsel for 3M Company and McGhan Medical Corp. in breast implant coordinated California proceedings.
Frank C. Rothrock & Naoki S. Kaneko, California’s Unfair Competition Law, Consumers Legal Remedies Act, And False Advertising Law: A Primer For Defendants, Shook, Hardy & Bacon Monograph, July 2015.
Frank C. Rothrock, co-author, The Use and Misuse of Class Actions, MDL, and Other Procedures for Consolidation, Drug and Medical Device Litigation: Defense Perspectives, Defense Research Institute Monograph No. 2, 1998.
Frank C. Rothrock, California Supreme Court’s Covalt Decision Offers Potential Keys to Successful Defense of EMF Litigation, Aegis Quarterly Review, Summer 1997.
Frank C. Rothrock, Plaintiffs’ Use and Misuse of MDL, Class Actions, and Other Vehicles for Consolidation, Drug and Medical Device Litigation: DRI Seminar Course Book, May 1995.
Frank C. Rothrock, co-author, California Court of Appeal Holds That Trial Courts Lack Jurisdiction Over EMF Claims, Electromagnetic Field Reporter, April 1995.
Lecturer, California Continuing Education of the Bar:
- Fundamentals of Civil Procedure Before Trial, 1979-1986;
- Mechanics' Liens and Related Remedies, 1977, 1980 and 1984;
- Preparing for, Taking, and Using Depositions, 1988, 1990, 1992, 1994, 1996, and 1997;
- Punitive Damages, 2001.
Lecturer, Rutter Group Program on California Civil Discovery, 1984 and 1985.
Lecturer, Hastings Center for Trial and Appellate Advocacy, Working with Expert Witnesses, Fundamentals of Advocacy Program, January 1988.
Lecturer, Health Industry Manufacturers' Association Programs:
- Medical Devices and Diagnostics and the New Product Liability Law, Arlington, Virginia, November 19-20, 1985;
- The Product Liability Dilemma, Irvine, California, November 17-18, 1986;
- Medical Devices and Diagnostics and the Continuing Products Liability Predicament, Washington, D.C., December 3, 1987;
- The Safe Medical Devices Act, Minneapolis, Minnesota, April 21-22, 1992;
- Limiting Your Company's Exposure In Product Liability Actions, Costa Mesa, California, November 15, 1993.
Lecturer, Andrews Continuing Education Institute, Mass Tort and Complex Litigation 1994, Philadelphia, Pennsylvania, October 20-21, 1994.
Lecturer, Defense Research Institute, Plaintiffs' Use and Misuse of MDL, Class Actions, and Other Vehicles for Consolidation, Drug and Medical Device Litigation Seminar, Seattle, Washington, May 4-5, 1995.
Lecturer, Business Development Associates, Anticipating, Avoiding, and Managing Electromagnetic Field Claims, San Francisco, California, September 21-22, 1995.
Lecturer, Orange County Bar Association, Punitive Damages, 2001.
Supply Chain Liability: What are the Risks? How Can They be Avoided?, Shook, Hardy & Bacon 5th Annual Update of the Law, Kansas City, Missouri, June 26, 2008.
Country of Origin Labeling, 2009 Food Claims and Litigation Conference, GMA, Palm Springs, California, February 24, 2009.
Lecturer, Issues Regarding Regulation of Food in the United States, Presentation to Director and Staff, Minister’s Office, General Administration of Quality Supervision, Inspection and Quarantine of the People’s Republic of China, Irvine, California, August 26, 2010.
Recent Case Law: Some Tough Medicine for Brand-Name Pharmaceutical Manufacturers, ACCA, Southern California Chapter, September 29, 2011.
Evolving Product Liability Issues, 23rd Annual All Hands Meeting, Santa Clara Valley Association of General Counsel, December 7, 2011.
Lecturer, A Deposition Primer for the Witness, American Quality Society Annual Meeting, Anaheim, California, May 22, 2012.
Lecturer, Five Food Recall Tips, Third Advanced Summit on Food Safety Regulatory Compliance, American Conference Institute, Chicago, Illinois, June 27, 2012.