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James D. Herschlein

James D. Herschlein
Partner, Co-Chair, Complex Commercial Litigation Department
Chair, Complex Commercial Litigation Practice Group

james.herschlein@kayescholer.com

New York
T: +1 212 836 8655 F: +1 212 836 6455

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James D. Herschlein serves as Co-Chair of the Complex Commercial Litigation Department and recently completed two terms as a member of the firm’s Executive Committee. He has represented some of the world’s largest companies in numerous trials, arbitrations, mediations and appeals throughout the United States, focusing on complex contractual disputes and product liability litigation. Jim’s trial experience also includes cases involving securities, derivatives, intellectual property, real estate and bankruptcy claims.

MEHR

A skilled negotiator, Jim was recommended as a leader in the field of Product Liability and Mass Tort Defense: Pharmaceutical and Medical Devices by Legal 500 in 2013. He was also recently recognized as a “New York Future Star” by Benchmark Litigation (2013-2014) and as a Product Liability MVP by Law360 (2012). In addition, the firm’s Product Liability Group, in which Jim serves as a core member, was recognized as one of eight practice groups to be shortlisted for Product Liability Firm of the Year at the 2013 Chambers USA Awards for Excellence.

Jim has substantial experience representing manufacturers in product liability lawsuits in state and federal courts, including coordinating the nationwide defense and multidistrict litigation proceedings of hundreds of cases arising from the recall of medical devices and pharmaceutical products, among others.

Representative Complex Commercial Litigation Matters

  • Represented a major financial institution in lawsuits seeking recovery for breaches of several interest rate swap agreements.
     
  • Represented a major investment bank in connection with multi-state litigation following a $100 million debt offering.
     
  • Represented Lutron Electronics Co., Inc. in litigations in multiple US District Courts, and in the International Trade Commission, on claims that various defendants misappropriated trade secrets, and infringed patents, copyrights and trademarks, owned by Lutron.
     
  • Represented sports equipment manufacturer Rawlings in two lawsuits arising from professional baseball. One case, involving a professional player who suffered a head injury after being struck by a pitch, was resolved without any finding of liability. The other matter was brought by a spectator at a New York Mets game when he was hit by a broken bat that flew into the stands. That case was dismissed without prejudice.
     
  • Represented 50% owners of a portfolio of eleven real property holding companies in a multi-forum dispute over the management and ownership of the properties.
     
  • Represented the purchaser of a $2.5 billion health group in litigation regarding whether approximately $50 million in Value Added Tax receivables were included as assets in the Asset Purchase Agreement.
     
  • Represented a manufacturer of medical films in litigation against its raw materials supplier over whether the materials complied with the specifications of the Supply Agreement and whether the manufacturer acted in good faith.
     
  • Represented a manufacturer of a prescription drug product on claims for indemnification under the terms of a Manufacturing Agreement against the company responsible for packaging the product, following a packaging error that led to a major recall of product.
     
  • Represented George Steinbrenner in disputes with Major League Baseball.
     
  • Represented Leona and Harry Helmsley in connection with partnership and real property ownership litigation, including a 50-plus day arbitration regarding the shareholder agreement for, and an option to purchase, Helmsley Spear, Inc.; and multiple New York state court litigations regarding partnership disputes.
     
  • Represented contractors and sub-contractors in disputes regarding construction projects.

Representative Product Liability Matters

  • National counsel to Boston Scientific Corporation in litigation involving coronary stents. Argued and won dismissal of several suits on federal preemption grounds, and served as lead counsel in coordinated proceedings in Massachusetts state court.
     
  • National counsel to Lutron Electronics Co., Inc. on all product liability claims against any of the company’s many products. Currently representing Lutron on multiple claims and on cases filed in California State Court and Pennsylvania State Court.
     
  • Represented Novartis Consumer Health, Inc. in three jury trials in connection with plaintiffs who claimed injuries from cough/cold or diet products. Conducted all direct and cross-examinations of neurology and other scientific experts. Obtained two defense verdicts in New Jersey state courts and a hung jury in Arizona federal court.
     
  • National counsel to Pfizer in litigation regarding a prescription contraceptive injection. Obtained forum non conveniens dismissals of 98% of the cases in a coordinated proceeding, leading to a favorable global settlement.
     
  • National counsel to Pfizer in litigation involving a prescription antibiotic.
     
  • National counsel to Boston Scientific Corporation in litigation regarding a recalled urinary incontinence device. Was co-lead MDL counsel in proceedings involving approximately 750 cases; tried and obtained a jury verdict in favor of our client.

Memberships & Honors

  • Association of the Bar of the City of New York: Vice President (2012–2013); Chair, Product Liability Committee (2011–2014); Secretary (2000–2003); Chair, Young Lawyers Committee (1991–1993); Member, Judiciary Committee (multiple terms since 1995)
     
  • The Legal Aid Society, Board of Directors, Member (2012–Present)
     
  • St. John’s Law Alumni Association, Board of Directors, Member (2010–Present)
     
  • International Association of Defense Counsel, Member
     
  • American Bar Foundation, Fellow
     
  • American Bar Association, Member
     
  • Federal Bar Council, Member
     
  • Chaminade High School Alumni Lawyers Association, President (2005–2007)
     
  • Thurgood Marshall Award (1998)
     
  • Legal Aid Pro Bono Publico Award for Affirmative Litigation (2001)
     
  • Named in New York Lawyer (January 2001) as one of the “Fifteen Lawyers 40 and Under Shaping the Law for the 21st Century”

Publications and Presentations

  • “Can a Plaintiff Thread the Preemption Needle by Alleging Off-Label Promotion?” Med City News, August 12, 2013.
     
  • Panelist: “The Key Steps to Managing Risks, Resources & Costs: What to Analyze When Considering Litigation” on NYLJ and Pangea3’s webinar, May 6, 2013.
     
  • Presentation: “The Deposition of the Treating Physician: The Trial Lawyer’s Perspective on Taking Treating Physician Depositions” at DRI’s Drug and Medical Device Conference, May 11, 2012.
     
  • Panelist: “The Art of Pleading in a Post-Twombley/Iqbal World: Parallel Claims and More” at ABA’s Current Issues in Pharmaceutical and Medical Device Litigation Seminar, November 17, 2011.

Beratungsschwerpunkte

Ausbildung

St. John's University School of Law, JD, 1985; Articles Editor, Law Review

Boston College, AB, magna cum laude, 1982; School of Arts & Sciences Honors Program

Zulassung(en)

New York

District of Columbia

 
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