Our people

Michael is the Chair of the firm's multidisciplinary Life Sciences Health Industry Group, comprised of more than 250 professionals.  He joined Reed Smith in 2003 as part of the firm's combination with Crosby, Heafey, Roach & May.  From 2003-2006, he served on Reed Smith’s firmwide Executive Committee.

Michael's litigation and trial practice focuses on complex product liability and commercial matters, including class actions, Multi-District Litigations (MDL), mass torts, and claims for unfair business practices.  Michael's clients include, among others, Medtronic, Inc., C.R. Bard Inc., Pfizer Inc., Merck & Co. Inc., Schering-Plough Corporation, Eli Lilly and Company, 3M,  and Cyberonics, Inc.

Michael represents a number of companies currently involved in coordinated actions, and putative class actions in both state and federal courts related to claims of product liability, unfair competition and false advertising.  He currently is National Coordinating and Trial Counsel for C. R. Bard Inc in the In re Kugel Mesh Hernia Repair Patch Litigation, which is the subject of Multi-District Litigation proceedings in the District of Rhode Island.  He is also National Coordinating and Trial Counsel for Pfizer Inc. in the In re Mirapex Products Liability Litigation involving a drug to treat Parkinson ’s disease.  That litigation is the subject of a Multi-District proceedings in the District of Minnesota.

Michael is currently representing Medtronic, Inc. in litigation involving a variety of its products including, Implantable Cardioverter Defibrillators (ICDs), pain pumps, neurological devices, insulin pumps, abdominal aortic aneurysms (AAA), and spinal products.  He was Co-Liaison Counsel for Merck in the California Vioxx Litigation, and a member of the National Trial Team for 3M in the Silicone Gel Breast Implant Litigation.  He also has been a Faculty Member at the IADC's Trial Academy at Stanford University.

Michael was recognized in the 2010 edition of Lawdragon’s “500 Leading Lawyers in America”.  He also has been consistently recognized by Chamber's USA, Legal 500, and the International Who's Who of Product Liability Defense Lawyers as one of the top product liability lawyers nationally and internationally.  In 2008, he received Reed Smith’s Shaw’s Lion Award, given annually to the firm’s outstanding lawyer over the last year.  In 2010, the American Lawyer named Reed Smith as the Litigation Department of the Year for Product Liability.

Michael has testified more than a dozen times before legislative and other committees concerning proposed legislation involving protective orders and confidential settlement agreements, summary judgments, unfair competition statutes, electronic discovery, and other issues.  He was a part of a coalition of approximately 400 businesses and organizations opposing protective order legislation. 

Michael also has worked with a coalition of businesses to oppose bills that would have given prosecutors and private plaintiffs a "disgorgement of profits" remedy in cases involving Section 17200 and was a member of the Civil Justice Working Group providing assistance to then Governor-elect Schwarzenegger's transition team.  He was also actively involved in working on reform efforts involving Section 17200, particularly Proposition 64, which was enacted by California voters on November 2, 2004.

Representative Matters

• Whitfield v C.R. Bard (D.RI)(April 14, 2010):  Lead trial counsel for C.R Bard in first MDL “bellwether” trial involving the Composix Kugel Hernia patch, resulting in complete defense verdict. 

• Blunt v. Medtronic, 760 N.W. 2d 396, 2009 WL 367768 (Wis.): Successful defense of Medtronic in the Wisconsin Supreme Court on issue of federal preemption in case in which review was granted by the Court after, and in spite of, the U.S. Supreme Court's decision in Riegel v. Medtronic.

• Riegel v. Medtronic Inc., 451 F. 3d 104 (2d. Cir. 2006): Successful defense of Medtronic Inc. in federal preemption case in the United States Court of Appeals, Second Circuit.  Affirmed, 196 L. Ed. 2nd 892, 128 S. Ct. 999 (2007)

• Sweet v. Pfizer, 232 F.R.D. 260 (C.D. Cal. 2005): Successful defense of Pfizer Inc. in defeating class certification in case involving the prescription pharmaceutical Mirapex.

• McMullen v. Medtronic Inc., 431 F.3d 482 (7th Cir. 2005): Successful defense of Medtronic Inc. in federal preemption case in the United States Court of Appeals, Seventh Circuit.

• View all...

Legislative Testimony

• California Assembly Judiciary Committee, May 3, 2005, regarding AB 1700
• Committee on Rules of Practice and Procedure of the Judicial Conference of the United States, January 12, 2005 regarding electronic discovery (San Francisco)
• California Assembly Judiciary Committee, September 8, 2003, regarding SB 122
• California Senate Judiciary Committee, July 8, 2003 regarding AB 95
• California Assembly Judiciary Committee, July 8, 2003 regarding AB 634
• California Senate Judiciary Committee, July 8, 2003 regarding SB 122
• California Senate Judiciary Committee, May 13, 2003 regarding SB 122
• California Assembly Judiciary Committee, August 30, 2001, regarding SB 11
• California Senate Judiciary Committee, May 15, 2001, regarding SB 476
• California Assembly Judiciary Committee, May 8, 2001, regarding AB 36
• California Senate Judiciary Committee, April 3, 2001, regarding SB 11
• California Assembly Judiciary Committee, July 13, 1999, regarding SB 1254
• California Senate Appropriations Committee, May 24, 1999, regarding SB 1254
• California Senate Judiciary Committee, May 11, 1999, regarding SB 1254

Publications

• "Bi-Annual Update Regarding Pharmaceutical Drug and Medical Device Federal Preemption: The Supreme Court Speaks In Riegel v. Medtronic," with Lisa Baird and Michelle Lyu, Reed Smith Product Liability Update, (February 2008)
• "Bi-Annual Update Regarding Pharmaceutical Drug and Prescription Device Federal Preemption: Breaking Developments from the Supreme Court and More," with Lisa M. Baird and Michelle H. Lyu, Reed Smith Product Liability Update, (October 2007)
• "U.S. Supreme Court Allows Supplemental Jurisdiction Over Claims Even When Amount In Controversy Not Satisfied," with Tom Allen, Lisa Baird, & Bo Phillips, Reed Smith Bulletin 05-13, June 27, 2005
• "California Supreme Court Interprets and Applies Federal Due Process Limitations on Punitive Damages," with Lisa Baird, Reed Smith Bulletin 05-12, June 24, 2005
• "Alternatives to Cross-Examination Excluding or Limiting Expert Testimony Under California State Court Practice," Practicing Law Institute (PLI), June 2005
• "Federal Preemption in Medical Device Cases Does It Still Apply if the Product Has Been Recalled or Voluntarily Withdrawn From the Market?" with Michelle Lyu, IADC Newsletter - Drug, Device and Biotech, No. 11, July 2004
• “Unique California Laws Imperil Speech On 'Off-Label' Use of Drugs," with Lisa Baird, Legal Backgrounder, Vol.19, No. 12, Washington Legal Foundation, May 14, 2004
• Book Chapter, “Spoliation of Evidence: A Threat to Both Plaintiffs and Defendants,” with Ruth Robinson, Product Liability Winning Strategies and Techniques (National Law Journal Press) (Updated 2005)
• "California's Unfair Competition Law: A Statue In Dire Need of Reform", with Lisa Baird, Los Angeles Business Journal, November 3, 2003
• "Drug and Medical – Device Cases Raise Questions of Pre-emption", with Lisa M. Baird, Los Angeles and San Francisco Daily Journal, September 6, 2002
• "Courts Will Dig Deep To Find Errors In Expert Opinions," with Jennifer L. Dodge, Los Angeles and San Francisco Daily Journal, April 1, 2002
• "Spoliation of Evidence, Advocacy In The 21st Century," IADC 2002
• "The Rule of Fraudulent Joinder – A Weapon In The Fight For Federal Court Jurisdiction," with Thomas Yoo, IADC, December 2001
• "Key Safeguard Against Meritless Suits Under Attack in California," with Lisa M. Baird, Legal Backgrounder, Vol. 16, No. 38 Washington Legal Foundation, August 24, 2001
• "One Step Removed," with Jennifer Dodge, Los Angeles and San Francisco Daily Journal, May 7, 2001
• “Dangerous Devices,” with Lisa M. Baird, Los Angeles and San Francisco Daily Journal, April 2, 2001
• "Businesses' Privacy and Property Rights Threatened in California," with Lisa M. Baird, Legal Backgrounder, Vol. 16 No. 7 Washington Legal Foundation, February 23, 2001
• "Pre-emption Puzzle: Supreme Court to Decide Validity of 'Fraud on FDA' Claims," with Lisa M. Baird, Los Angeles and San Francisco Daily Journal, December 1, 2000
• "Mixed Bag: California Supreme Court Provides Guidance on Unfair-Competition Law," with Peter J. Kennedy, Los Angeles and San Francisco Daily Journal, August 4, 2000
• "Collision Course: Federal Regulations Pre-Empt State Tort Law in Motor-Vehicle Safety Case," with Lisa M. Baird, Los Angeles and San Francisco Daily Journal, July 7, 2000
• "Uprooting Spoliation; New Cases Have Eradicated the Tort in California," with Thomas J. Yoo, Los Angeles and San Francisco Daily Journal, June 2, 2000
• "Disco and Duty: Tort Theories Expanded Greatly During the 1970s," with Lisa M. Baird, Los Angeles and San Francisco Daily Journal, December 3, 1999
• "Crash Test: Uninsured Motorists Can Recover Noneconomic Damages in Product-Liability Suits," with Lisa M. Baird, Los Angeles Daily Journal, October 1, 1999
• "Suspicious Minds: Court Catalogues Personal-Injury Statute-of-Limitations Law, But Sidesteps Appellate Court Dispute," with Nicole M. Mills, Los Angeles and San Francisco Daily Journal, September 3, 1999
• "Opinion: California Bill to Wreak Havoc on Trade Secrets and Confidential Business Information," with Lisa M. Baird, Los Angeles and San Francisco Daily Journal, August 23, 1999
• “State Protective Order Proposal Undermines Business Civil Liberties,” with Lisa Baird, Legal Backgrounder, Vol. 14, No. 20, Washington Legal Foundation, May 28, 1999
• "Opine Line: Trial Courts Must be Gatekeepers of Technical Expert Testimony," with Lisa M. Baird, San Francisco Daily Journal, May 7, 1999
• “Shifting Landscape,” with Benjamin Paik, Los Angeles and San Francisco Daily Journal, April 2, 1999
• “Someone or Other,” with Raymond Williams, Los Angeles and San Francisco Daily Journal, December 4, 1998
• “Preemption Returns,” with Mary Panetta, Los Angeles and San Francisco Daily Journal, November 6, 1998
• “Buyer Beware – Successor Companies Can Be Strictly Liable For Defective Products Manufactured by Predecessors,” with David Stanley, Los Angeles and San Francisco Daily Journal, October 2, 1998
• “Deep Impact: Proposition 51 Applies in Strict Liability Actions After All,” with David Stanley, Los Angeles and San Francisco Daily Journal, August 7, 1998
• “Farewell, Spoliation,” Los Angeles and San Francisco Daily Journal, June, 5, 1998
• “Gate Crashing: Seventh Circuit Affirms Review of a Daubert Ruling Under the Abuse-of-Discretion Standard,” with Raymond Williams, Los Angeles and San Francisco Daily Journal, May 1, 1998
• “Destination Unknown: Appeal Court’s Four-Pronged Test May Determine Liability of Component Manufacturers,” with Ginger Heyman, Los Angeles and San Francisco Daily Journal, April 3, 1998
• “Joie de Vivre: California Court Says No to Hedonic Damages Experts,” with Lisa Baird, Los Angeles and San Francisco Daily Journal, February 6, 1998
• “Product Liability for Off-Label Use of Drugs and Medical Devices,” with Ginger Heyman, prepared for ABA Section of Litigation, Products Liability Committee, Pharmaceutical and Medical Device Subcommittee 1998
• “Left Unprotected: Proposition 51 Requires Fairness to Deep Pockets, Even When Strictly Liable,” with Janet Kwuon, Los Angeles and San Francisco Daily Journal, June 4, 1997
• “California Supreme Court Provides New Rules on Pharmaceutical Companies’ Liability,” For The Defense (DRI), February 1997
• “The Legal Beauty Contest: Recommendations and Proposed Guidelines for Preliminary Interviews Between Attorney and Prospective Clients,” (Ninth Circuit), with Stacey Zill, prepared for the ABA Subcommittee on Attorney-Client Privilege and Work-Product 1996
• “Don’t Stop Marketing Quality, Just Minimize the Legal Risks," Outcome Measurement and Management, Jan/Feb 1994
• “A Setback For Safety: Ninth Circuit Undercuts Privilege of Self-Critical Analysis,” Los Angeles and San Francisco Daily Journal, January 25, 1993
• “Complementary Managers Swap Job Values,” with Ronald V. Rosequist, National Law Journal, December 16, 1991
• “California Speaks Out on Prescription Drug Liability,” For The Defense, August 1988 (Vol. 30, No. 8) updated in DRI: Defending Drug and Medical Device Cases 1989
• “The Availability of Prejudgment Interest in Personal Injury and Wrongful Death Suits,” 16 U.S.F. L.Rev. 322, 1982

Speeches / Presentations

• Presentation, "Managing the Intersection of Product Liability Cases with Government Investigations," with Barbara Binis, Edward Hanover, James Ladner, Wendy Schwartz and Thomas Suddath, ACI 13th Annual Drug and Device Litigation, December 9, 2008 (New York, NY)
• Presentation, "FDA's Preemption Policy: Trial and Appellate Strategies for Medical Product Litigation," with James C. Martin, Washington Legal Foundation Live Webcast, March 28, 2007
• Presentation and Publication, "The Federal Preemption Defense: Assessing the Impact of the FDA Final Labeling Rule on Drug and Device Preemption," with Howard L. Dorfman and Vivian M. Quinn, ACI 11th Annual Drug and Medical Device Litigation Conference, December 15, 2006 (New York, NY)
• Presentation and Publication, "Class Actions In Product Liability and Mass Tort Cases," Third National ACI Conference For In-House Counsel Defending and Managing Comples Litigation, March 30, 2006 (Atlanta, Ga)
• Presentation, "Anatomy of a Successful Product Liability Trial," ACI Tenth Annual Drug and Medical Device Litigation Conference, December 12, 2005 (New York, NY)
• Presentation, "Recent Developments In Confidential Settlements, Protective Orders and Court Sealing Statutes," IADC Webinar, January 27, 2005
• Presentation, "Recent Developments In Punitive Damages," January 25, 2005 (Los Angeles, CA)
• Presentation, "Recent Developments In Federal Preemption, the Government Standards Defense, and Other Health Care Legislation," AdvaMed, January 11, 2005 (Washington, D.C.)
• Presentation and Publication, "Comprehensive Update on Federal Preemption: What Every Defense Practitioner Must Know," with David G. Martin, ACI Ninth Annual Drug and Medical Device Litigation Conference, December 13, 2004 (New York, N.Y.)
• Presentation, "Recent Developments In Punitive Damages," September 22, 2004 (Los Angeles, CA)
• Faculty Member, International Association of Defense Counsel (IADC) Trial Academy, July 30-August 6, 2004 (Stanford, CA)
• Presentation, "California's Unfair Competition and False Advertising Statutes (B&P Sections 17200 and 17500): A Recurring Nightmare," Los Angeles Advertising Agency Association (LAAAA) Annual Spring conference, April 30, 2004 (Indian Wells, CA)
• Presentation and Publication, "Personal Injury Products Liability: The Latest Caselaw and Certification Trends," with Robert E. Norton, ACI Conference for In-House Counsel: Managing and Defending Class Actions and Other Complex Litigation, March 8, 2004 (San Francisco, CA)
• Presentation, "Business and Professions Code Section 17200: What Happened in 2003 and What's on the Horizon for 2004?", January 27, 2004 (Los Angeles, CA)
• Presentation and Publication, "The Case For Preemption" with Dan Troy, Earle Kyle, Kenneth Geller, Murray Levin and Joseph Leghorn, ACI Eighth Annual Drug and Medical Device Litigation Conference, December 15-16, 2003 (New York, N.Y.)
• Presentation and Publication, "Defending Pharmaceutical and Medical Device Manufactures Against Consumer Fraud and Unfair Competition Claims," with John Sander, ACI Eighth Annual Drug and Medical Device Litigation Conference, December 15-16, 2003 (New York, N.Y.)
• Presentation, "A National Strategy for Preserving Protective Orders/Confidentiality Agreements," Lawyers For Civil Justice Membership Meeting June 4, 2003 (Washington, D.C.)
• Presentation and Publication, "The Federal Preemption Defense: Express and Implied Preemption of State Law Claims' For Medical Devices and Drugs," ACI Seventh Annual Drug and Medical Device Litigation Conference, December 16-17, 2002 (New York, N.Y.)
• Presentation and Publication, "Settlement and Alternative Dispute Resolution In Business and Professions Code Section 17200 Actions", Practising Law Institute (PLI), August 1-2, 2002 (San Francisco, CA)
• Presentation and Publication, "Confidential Settlements (SB 11/AB 36)," Association of California Insurance Companies' XII Annual General Counsel Seminar, July 19, 2002 (Las Vegas, NV)
• Presentation and Publication, "Recent Developments: Public Access To Private Discovery And The Continuing Viability of Confidential Settlement Agreements," ABA Products Liability Midyear Meeting, March 23, 2002 (Orlando, FL)
• Presentation, "Opening Sealed Court Records" ATRA Annual Legislative Conference for State Coalition Leaders Panel, October 29, 2001 (San Diego, CA)
• Presentation, "Revisiting Protective Orders: The Trial Bar's New Game Plan" American Legislative Exchange Council, Disorder in the Court Regional Academy, Pepperdine University, June 23, 2001
• Presentation, "Houston, We Have A Problem! Complications In The Practice of New Surgical Technology – Who Is Responsible?" American College of Surgeons, October 1999 (San Francisco, CA)
• Presentation and Publication, "Document Retention Policies – How to Develop an Effective Program," Drug Information Association (DIA) Legal Liability Seminar, March 1997 (Philadelphia, PA)
• Presentation, "The Confidentiality of Protective Orders and Settlements," State Bar of California, 1996 Ethics Symposium, May 1996 (San Francisco, CA)
• Presentation and Publication, "Hot Topics for Corporate Counsel: Recent Developments in Medical Monitoring and "Fear Of" Claims, Market Share Liability, Epidemiology, Animal Testing, Prescription Drug and Medical Device Liability," ABA National Institute, June 1995 (Los Angeles, CA)
• Roundtable/Article, "Managing and Defending Product Liability Cases," Corporate Legal Times, October 1995 (New York, NY).
• Presentation and Publication, "Preparing the Medical Device Case: Issues in Norplant® Litigation: The Defense Perspective," Andrews Continuing Education Institute, May 1995 (Phoenix, AZ)
• Presentation and Publication, "Managing the Regulatory and Other Risks Associated with Medical Devices," IBC Medical Device Regulation Conference, August 1994 (San Francisco, CA)
• Presentation and Publication, "Minimizing the Legal Risks Inherent in Marketing Quality and Value," Infoline Conference on Buying and Selling Quality In Managed Care, June 1993 and September 1993 (Boston, MA and San Francisco, CA)
• Presentation and Publication, "Health Care Under Attack," Orange County Bar Association Medical - Legal Symposium, January 1994 (Santa Ana, CA)
• Presentation and Publication, "Outcome Measurement: The Potential Legal Pitfalls," IBC Conference on Outcome Measurement, 1993 (San Diego, CA, Cambridge, MA and New Orleans, LA)
• Presentation and Publication, "Spoliation of Evidence Claims: A High Price to Pay for Lost Evidence," Defense Research Institute (DRI): Drug and Medical Device Conference, May 1993 (San Francisco, CA) and Bay Area General counsel (BAGC), January 5, 1993

Experience

Legal Education

Undergraduate Education

Professional Admissions / Qualifications

• California

Court Admissions

• U.S. Court of Appeals - Eighth Circuit
• U.S. Court of Appeals - Ninth Circuit
• U.S. Court of Appeals - Second Circuit
• U.S. Court of Appeals - Seventh Circuit
• U.S. Supreme Court
• U.S. District Court - Central District of California
• U.S. District Court - Eastern District of California
• U.S. District Court - Northern District of California
• U.S. District Court - Southern District of California

Professional Affiliations

• Board of Governors of the Association of Business Trial Lawyers (ABTL) (Los Angeles Chapter) (2000-2004)
• Legal Policy Advisory Board of the Washington Legal Foundation (WLF)
• Product Liability Advisory Council (PLAC)
• International Association of Defense Counsel (IADC); Vice-Chair, Drug, Device and Biotech Committee (2000-2002, 2004- ) Legislative Judicial and Governmental Affairs Committee (2000-2005)
• Defense Research Institute (Drug and Medical Device Committee)

Interests

Michael serves on the Board of Counselors of the University of San Francisco School of Law and is a past member of the Board of Governors of the University of San Francisco Law Society. Michael and his wife Martha reside in La Canada Flintridge, California with their three children.