Alan E. Rothman is a litigator with extensive experience in product liability litigation, including the defense of pharmaceutical and medical device mass torts in federal multidistrict litigation (MDL) and coordinated state court proceedings. His practice also includes counseling with respect to the Medicare Secondary Payer (MSP) Statute and the Medicare, Medicaid and SCHIP Extension Act (MMSEA) and the resolution of mass torts.
Alan is Counsel for Kaye Scholer's Product Liability Group and a member of the firm’s Life Sciences Group. He has appeared and argued before numerous federal and state courts as well as the Judicial Panel on Multidistrict Litigation and pioneered in the area of removal of actions from state to federal court, including, among other issues, the removal of actions naming local company employees, sales representatives, pharmacies and health care providers. Additionally, he has counseled clients in various industries with respect to numerous aspects of the practice and procedure of MDL proceedings, from the initial motion to consolidate cases in an MDL to the conclusion of such proceedings. His experience also includes addressing various jurisdictional aspects of the Class Action Fairness Act of 2005 (CAFA), including issues pertaining to both putative class actions and CAFA's “mass actions.” Alan has lectured and written a number of articles with respect to these and other areas. Currently, he is the author of the column, “And Now a Word from the Panel . . ,” a bi-monthly series that addresses issues confronting the MDL Panel, as well as MDL Panel trivia and tidbits. Alan also served as Chair of the Subcommittee on New York Coordinated Proceedings for the Product Liability Committee of the Association of the Bar of the City of New York.
In addition to handling a variety of litigations involving product liability claims, Alan has represented both corporate and individual clients in connection with a wide range of litigation pending at various levels in federal and state courts, as well as arbitration. He has handled matters involving consumer class actions, commercial torts, intellectual property, antitrust, RICO, real estate, insurance, corporate governance issues and breach of fiduciary duty claims. He has also represented clients in connection with federal and state governmental agency investigations.
Alan has extensive experience in the area of professional ethics, and serves as Counsel to the firm’s Professional Ethics Committee. In addition, he has served as a member of the Professional & Judicial Ethics Committee of the Association of the Bar of the City of New York.
He also has successfully represented clients, on a pro bono basis, in a case before the Supreme Court of the United States, involving a constitutional challenge to restrictions placed upon legal service organizations that receive federal funding.
Alan is also involved in a number of communal organizations, having served as an officer and board member of various not-for-profit charitable and educational institutions.