Greenberg Traurig is an expansive full-service law firm with a global presence in a variety of practice areas. The firm hosts more than 2,000 attorneys in 41 offices across the world, which positions them to effectively serve both domestic and international clients. One of these clients appreciates the firm’s “quality of team; knowledge of law but also practical approach to the development of the defense” and addresses the team as “thorough in preparation, with good relationship management of the client.”
The firm is highly regarded for its product liability capabilities, largely attributed to the efforts of
Lori Cohen, who chairs the pharmaceutical, medical device and health care litigation practice, in addition to serving as co-chair of the global litigation practice group. Cohen has the distinct honor of consistently ranking as a litigation star who also enjoys a multi-year run as one of Benchmark’s Top 250 Women in Litigation as well as one of the Top 100 Trial Lawyers in the US. Domiciled in the firm’s Atlanta office but recognized on a coast-to-coast basis for her appearance in matters of national magnitude, Cohen has wowed both peers and clients from a diverse range of industries and jurisdictions. An all-purpose trial lawyer by training and temperament, Cohen’s aptitude and gravitas has been particularly evident in the product liability capacity, where, often appearing as lead trial counsel, she has displayed an enviable streak of wins on behalf of clients in the pharmaceutical and medical device field concerning products ranging from pelvic mesh to contact lenses. Cohen is national trial counsel, national coordinating counsel, and national settlement counsel for all claims concerning pelvic mesh against C. R. Bard. Over the last year, she has solidified two significant victories as well as other additional dismissals in what has been described as one of the largest and most complex mass torts in history. Cohen is also a member of Novartis’ PF3.0 panel counsel program, which includes representation of subsidiaries Sandoz, Eon Labs, and Novartis Pharmaceuticals Corporation. Cohen is national counsel for Sandoz and its subsidiary Eon in the national amiodarone litigation. She also represents Bausch Health subsidiary Bausch + Lomb in product liability litigation relating to the Trulign Toric intraocular lens, a Class III medical device approved by FDA pursuant to the Premarket Approval process. In March 2020, she secured the complete dismissal of all of plaintiffs’ claims in a closely watched case in the District of Connecticut.
Based in the firm’s Dallas office, Karl Dial was sole defense counsel for a group of foreign defendants that were sued in a mass action by 44 plaintiffs alleging securities fraud and breach of fiduciary duties related to securities sold in Canada to invest in real estate in the US. This cross-border dispute was the first case filed by more than 200 investors who have threatened suit against the Canadian issuer. This case has ramifications as to under what circumstances a foreign issuer may be hauled into court in the US on claims made by investors outside the country.
Operating out of both the San Francisco and Los Angeles offices,
Robert Herrington focuses his practice on class actions, with this practice touching on a wide spectrum of industries. Herrington is a new star addition to this year’s edition of Benchmark, propelled on the strength of vibrant peer and client review. One client asserts, “In the consumer protection context--both in class actions and mass consumer arbitrations--Greenberg does an absolutely fantastic job. Rob Herrington, in particular, is an exceptional advocate. Day or night, he and his team respond in a timely fashion, providing top-drawer work. In addition to the quality of their work and exceptional client service, they are very price-competitive. Robert is a great communicator, innovative and strategic thinker. He's my favorite class-action lawyer.” Herrington and New York’s Richard Edlin won significant motions to defeat a class action alleging that Samsung’s Galaxy S7 series phones are falsely advertised as “water resistant.” The case began in 2016 in the Central District of California, asserting claims for common law fraud, violations of California’s Unfair Competition Law and False Advertising Law, and unjust enrichment. The Greenberg pair obtained a multi-year stay of proceedings pending appeal of a motion to compel arbitration under California law, resulting in the sole named plaintiff losing interest in the lawsuit. Another class-action authority, New Jersey’s Philip Sellinger represents Marriott and Ritz-Carlton entities in a putative class action brought on behalf of approximately 1,000 owners of fractional interests in The Ritz-Carlton Club, St. Thomas who are alleged to have paid an average price of $150,000 for their respective fractional interests.
Miami’s Elliot Scherker represents the Government of the Virgin Islands in an appellate matter concerning the alleged 20 years’ worth of unpaid employer contributions into the Government Employees Retirement System, totaling more than $63 million. Another Miami-based star, David Coulson currently defends Champion Petfoods USA in a suit filed in the Federal Court in the Eastern District of Wisconsin alleging the client's dog food was tainted with dangerous levels of heavy metals, including arsenic, cadmium, lead, and mercury which in turn rendered some of the statements on Champion's packaging misleading. The plaintiff asserted claims for breach of express and implied warranties, unjust enrichment, and alleged violations of state consumer protection and unfair competition statutes. In February 2019, the District Judge granted summary judgement and dismissed plaintiff's complaint with prejudice on the basis that the small amounts found in Champion's dog food were naturally occurring, safe, and did not render any of Champion's statements on its packaging misleading or deceptive. Shortly after, consumers in 15 additional states, including another in Wisconsin, filed suits against Champion making similar allegations – for a total of 17 matters now being litigated state-by-state, rather than in a multi-district litigation proceeding. In October 2019, the Greenberg Traurig team won the denial of class certification in the Central District of California.
