Webinar Recording—Preemption in Drug Product Liability: The Latest on “Changes Being Effected” and the Impact of Albrecht

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Featuring:

Daniel E. Troy, Executive Vice President, Chief Legal Officer, and General Counsel, Valo Health, Inc., and former Chief Counsel, U.S. Food and Drug Administration
Robert E. Johnston, partner, Hollingsworth LLP
Daniel J. Feith, counsel, Sidley Austin LLP and former Deputy Assistant Attorney General, Consumer Protection Branch, U.S. Department of Justice

About the Webinar:
The Supreme Court’s May 2019 Merck v. Albrecht decision clarified that judges, not juries, should analyze a prescription drug maker’s federal preemption defense in failure-to-warn suits. Under Albrecht, courts must decide whether companies could unilaterally add a warning under federal labeling rules. Our speakers will examine recent court decisions implicating warnings and preemption. Among the cases they will discuss is Janssen Pharm. v. A.Y., a state court decision that the company has appealed to the Supreme Court. The justices could rule on the certiorari petition as early as May 13.

Speakers' Biographies

Daniel E. Troy

Dan Troy has been with Valo Health, Inc. since April 2019 serving as Executive Vice President, Chief Legal Officer and General Counsel. Previously, Dan was the General Counsel of GlaxoSmithKline from 2008 until 2018. Before that, he was a partner in the FDA practice at Sidley Austin, which he joined after serving as FDA Chief Counsel. He practiced constitutional, administrative, and appellate law at Wiley Rein and Fielding, served in the Office of Legal Counsel at the US Department of Justice, and clerked for DC Circuit Judge Robert H. Bork. Dan is a member of WLF's Legal Policy Advisory Board.

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Robert E. Johnston

Robert is a partner with Hollingsworth LLP, where his practice focuses on trials and appeals of complex litigation matters, with an ‎emphasis on defending pharmaceutical product liability litigation and on prosecuting insurance ‎coverage disputes for corporate clients. He manages the defense of class action, consolidated, and serial litigations and represents ‎clients in significant individual matters as well. In support of his work developing liability defenses, Robert co-leads the firm's e-Discovery group. He is a member of the Sedona Conference and a long-standing member of DRI.

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Daniel J. Feith

Dan Feith is a counsel with Sidley Austin LLP in the firm's Washington, DC office practicing in the Commercial Litigation and Disputes and Supreme Court and Appellate practice groups. Dan rejoined the firm after serving in the U.S. Justice Department as deputy assistant attorney general for the Consumer Protection Branch, where he led the Department’s efforts to enforce the Food, Drug, and Cosmetic Act, Controlled Substances Act, and other consumer protection statutes and to defend the FDA in administrative litigation. He previously served as a law clerk to Chief Justice of the U.S. John Roberts and DC Circuit Judge Thomas B. Griffith.

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Webinar Recording—Preemption in Drug Product Liability: The Latest on “Changes Being Effected” and the Impact of Albrecht

Webinar

View Recording Below

Speakers' Biographies

Daniel E. Troy

Robert E. Johnston

Daniel J. Feith

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