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. He also advises clients with respect to changes in corporate structure and their impact on litigation issues, including removal and successor liability.
Alan is the Coordinating Attorney 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 dozens 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. Alan counsels, and has presented client Continuing Legal Education seminars, with respect to ethical issues in connection with the settlement of mass torts.
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.
Publications and Speaking Engagements
“And Now A Word From The Panel: The Rocket Docket!,” Law360 (July 28, 2015).
“And Now A Word From The Panel: The MDL Lexicon,” Law360 (May 27, 2015).
“MDL and Its Impact on Your Company” (May 2015).
“And Now a Word From the Panel: Just Say No (To MDLs)?,” Law360 (March 25, 2015).
“Judgment Recognizes Arbitral Award Against Foreign State,” New York Law Journal (March 13, 2015).
“And Now A Word From The Panel: 2014 JPML Practice Trends,” Law360 (January 27, 2015).
Quoted in “High Court Clears Air On Class Action Removal Disputes,” Law360 (December 15, 2014).
“And Now a Word from the Panel: End of an Era,” Law360 (December. 3, 2014).
“State High Court Limits Attachment of Foreign Bank Accounts,” New York Law Journal (October 31, 2014).
Quoted in “Justices Question Their Powers In Class Action Removal Row,” Law360 (October 7, 2014).
“And Now a Word from the Panel: ABCs of JPML Practice,” Law360 (September 30, 2014).
“What Lenders Need to Know About Enforcement of Foreign Country Court Judgments Within the US,” The Secured Lender (September 2014).
“And Now a Word from the Panel: Top 10 Venue Arguments,” Law360 (July 29, 2014).
“And Now a Word from the Panel: What’s Good for America?” Law360 (May 27, 2014).
“And Now a Word from the Panel: Snow Day!” Law360 (March 25, 2014).
“And Now a Word from the Panel: JPML, the Year in Review,” Law360 (January 29, 2014).
“And Now a Word from the Panel: Too Hot or Too Cold for an MDL?” Law360 (December 3, 2013).
“The JPML: Culinary Commotion About a Remand Motion, Loss of Appetite for Food MDLs? & This is the Way We Dry Our Clothes,” Law360 (September 24, 2013).
“JPML: ‘Food Fraud’ Class Actions, Curtailing CAFA Chaos & Culinary Commotion About a Remand Motion,” Law360 (July 24, 2013).
“Lawsuits Grow Over Food Marketing: 4 Tips to Prevent Costly Litigation,” Food Processing (July 19, 2013).
“9th Circ.'s Rare Gift Of Time To Remove Case,” Law360 (July 10, 2013).
“The JPML: ‘March Madness in May,’ MDL Venue Selection Factors, and MDLS Involving ‘Food Fraud’ Class Actions,” Law360 (May 29, 2013).
“The JPML & Second Chances and Choosing Your MDL Destination,” Law360 (March 19, 2013).
“And Now a Word from the Panel . . .,” Law360 (January 28, 2013).
“Mastering the ‘Maze’ of Mass Actions,” American Bar Assoc., National Class Actions Institute (Nov. 2008) (with Steven Glickstein).
Federal Jurisdiction Based on Removal: A 50-State Survey, American Bar Assoc., Pharmaceutical Sub-Committee (2008) (authored New York and California sections).
“Mass Actions: 11th Circuit Attempts to Find a Method to the Madness,” Product Liability Law & Strategy (2008).
“Update: 11th Circuit Affirms Lowery,” Product Liability Law & Strategy (June 2007).
“CAFA: Finding a Method to the Madness of Mass Actions,” Product Liability Law & Strategy (May 2007).
“CAFA: For Whom the (Removal) Burden Tolls,” American Bar. Assoc., Product Liability Committee Web-Site (2006) (with Steven Glickstein).
“The Class Action Fairness Act of 2005,” New York Law Journal (March 8, 2005) (with David Klingsberg).
Panelist, “Navigating the Labyrinth of Complex (including Multi-District) Product Liability Litigation,” Association of the Bar of the City of New York, March 22, 2005.
“Advances in Protecting Defendants’ Right to Remove from State to Federal Court,” Product Liability Law & Strategy (May 2002) (with Mark Beckman and Jay P. Mayesh).
In The Market
- Kaye Scholer Secures Denial of Class Certification in Birth Control Recall Case November 4, 2015 • Client Successes
- Kaye Scholer Obtains JPML Order Denying Centralization of Birth Control Litigation for Endo Pharmaceuticals August 12, 2014 • Client Successes
- Kaye Scholer Announces Attorney Elevations for 2014 December 11, 2013 • Firm News