Alan E. Rothman has extensive experience with the various facets of Multidistrict Litigation (MDL), class action, and individual mass tort product liability litigation. His recent experience includes successfully arguing issues of first impression as well as jurisdictional and coordination issues in connection with MDL and other proceedings in federal and state court and negotiations with Plaintiffs' Steering Committees. Alan also has extensive end-game strategy experience, including leading a team overseeing the settlement and litigation of remaining cases in a mass tort litigation and is co-national lead settlement counsel in connection with an MDL proceeding. In addition to his broad experience with MDL, class action, removal, personal jurisdiction and venue issues, Alan regularly counsels clients with respect to corporate structure, successor liability, MMSEA/Medicare compliance, and professional ethics issues.

Over the past several years, Alan has authored, or been quoted in, more than 60 articles regarding MDL practice and jurisdictional issues, and has presented more thana dozen CLE programs. He is the author of the highly read, "And Now a Word from the Panel," a bi-monthly column in Law360 focusing on practice before the Judicial Panel on Multidistrict Litigation. Alan previously served for six years as a member of the Product Liability Committee of the Association of the Bar of the City of New York and as Chairman of its Subcommittee on New York Coordinated Proceedings. He has also served as a member of the City Bar Association's Professional & Judicial Ethics Committee and currently serves as a member of the firm's Ethics & Practice Committee. Alan has also served as an officer and director of various national and local not-for-profit organizations.

Mr. Rothman received his law degree from Columbia Law School, where he was a Notes Editor for the Journal of Transnational Law.

Experience

  • Lead national counsel overseeing settlement and remaining pharmaceutical product liability actions in federal and state court following termination of MDL proceeding.
  • Co-lead national settlement counsel for medical device actions in MDL and state court proceedings.
  • Representing major pharmaceutical and consumer product companies in MDL and other coordinated proceedings, including proceedings and practice before the Judicial Panel on Multidistrict Litigation, successfully supporting and opposing creation of MDL proceedings.
  • Counseling major pharmaceutical companies on issues relating to  removal of actions to federal court, corporate structure, personal jurisdiction, Medicare reporting and legal ethics.
  • In decision of first impression nationally, successfully orally argued in MDL proceeding deferral of remand issues pending discovery to support fraudulent joinder of in-state defendant.
  • In decision of first impression in New York State court, successfully briefed, and secured dismissal of pharmaceutical product claims relating to, liability of clinical trial sponsors and under New York General Business Law Section 349 and 350.
  • In coordinated state court proceeding, successfully orally argued in favor coordination of discovery with MDL proceeding.

Perspectives

And Now A Word From The Panel: An MDL Breakup
California Law360, Class Action Law360, Competition Law360, Cybersecurity & Privacy Law360, Product Liability Law360
Removal in a Snap: Third Circuit Endorses Pre-Service Removals
Advisory
And Now A Word From The Panel: A Flood Of MDLs
Appellate Law360, Class Action Law360, Construction Law360, Florida Law360, Illinois Law360, Insurance Law360, Product Liability Law360, Retail & E-Commerce Law360, Trials Law360
And Now A Word To The Panel: Happy 50th!
California Law360, Class Action Law360, Competition Law360, Consumer Protection Law360, Delaware Law360, Florida Law360, Illinois Law360, Intellectual Property Law360, Massachusetts Law360, New Jersey Law360, New York Law360, Pennsylvania Law360, Product Liability Law360, Retail & E-Commerce Law360, Texas Law360, Trials Law360
This Month at the Panel: A Flamethrower MDL?
MDL Update
More

Credentials

Education
  • JD, Columbia Law School, 1993, Harlan Fiske Stone Scholar
  • BA, Yeshiva University, 1990, summa cum laude, Valedictorian
Admissions
  • New York
  • Supreme Court of the United States
  • US District Court, Eastern District of New York
  • US District Court, Northern District of New York
  • US District Court, Southern District of New York
  • US District Court, Western District of New York
Activities
  • Member (firm representative), Lawyers for Civil Justice
  • Member, Defense Research Institute
  • Member, American Bar Association
  • Member, Product Liability Committee, Association of the Bar of the City of New York (2004-2010)
  • Member, Professional & Judicial Ethics Committee, Association of the Bar of the City of New York (2001-2004)
Overview

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