hpm&b web brochure

Practical Advice. Proven Results.H E I D E L L , P I T T O N I , M U R P H Y & B A C H , L L P

1 Overview

2 A Commitment to Diversity

3 Dedicated Leadership through Professional Affiliation

4 Our Innovative Approach to Technology

5 Appellate Practice

6 Commercial Litigation and General Liability

7 Healthcare Law

8 Labor and Employment Law

9 Medical Liability and Risk Management

10 Professional Liability

Contents

HEIDELL, PITTONI, MURPHY & BACH, LLP (HPM&B) is an

AV-rated full service civil litigation firm of 80 attorneys practicing

in New York, Connecticut, Long Island and Westchester. Founded

in 1979 with four attorneys, HPM&B is dedicated to offering its

clients the operating efficiencies of a small practice with the depth

and support of a large legal organization.

Our practice groups range from commercial litigation to

general liability defense and healthcare law. We argue cases

in the trial and appellate courts at the state and federal

levels. Our attorneys represent clients including drug and

medical device manufacturers, major university medical

centers and community hospitals, insurance companies,

mun icipalities, educational institutions, professionals,

entrepreneurs and national retailer operations.

HPM&B’s attorneys have extensive knowledge, litigation

skills and trial experience in the areas of products

liability, environmental and mass tort, medical device and

pharmaceutical liability, civil rights and employment cases,

medical malpractice, errors and omissions, director’s and

officer’s liability, construction accidents, coverage disputes,

premises liability, general negligence cases and commercial

disputes. HPM&B has fought and won many high profile,

complex cases.

For over 30 years, HPM&B has offered clients sound,

practical advice in the areas of risk management and loss

avoidance. We strive for cost-effective, early resolution of

claims but when an early disposition is unavoidable, we

vigorously protect our clients’ rights at trial and on appeal.

Overview

A Commitment to Diversity

HPM&B is a diversified work place, proud to have been one of

the first signatory firms to the Association of the Bar of the City

of New York’s Statement of Goals of the Committee to Enhance

Professional Opportunities for Minorities.

From its inception, we have been participants in the

Minority Summer Associates Fellowship Program of

the Association for the Bar of the City of New York.

In addition, in 1996, we were one of two law firms

recognized by the New York City Chapter of the National

Organization for Women for our commitment to the

advancement of women in management in the workplace.

In 2004, the firm ranked consistently high among all

categories in a survey of minority hiring and retention

conducted by the Association of the Bar of the City of

New York.

Five of our women partners appear regularly on the lists of

Best Lawyers® and Super Lawyers®.

A diverse staff brings to bear different points of view,

affording a competitive advantage to our clients during

dispute resolution.

Dedicated Leadership through Professional Affiliation

Committed to advancing the interests of our clients, our partners

are active in a number of local and national bar associations, in

which they have achieved leadership positions: President of the New

York ABOTA Chapter, Chair of the Trial Lawyer’s Section of the

New York State Bar Association, Chair of the Medical Liability and

Health Care Law Committee of DRI, Chair of the Drug, Device

and Biotechnology Section of the FDCC, to name a few.

Several of our partners have been elected to the

Federation of Defense and Corporate Counsel, the

International Association of Defense Counsel, and the

American Board of Trial Advocates. We are active in such

professional organizations as Defense Research Institute,

the New York State and American Bar Associations, the

New York Medical Defense Bar Association (of which one

of our partners was the founder and first President), and

the Association of the Bar of the City of New York.

Our attorneys are frequently called upon to present at

national and local bar, insurer, trade groups and physician/

hospital groups including the Connecticut Association of

Hospital Risk Managers. We have authored articles for a

range of legal trade publications including The New York

Law Journal, Connecticut Law Tribune, For The Defense,

Metropolitan Corporate Counsel, Products Liability Law

and Strategy and various Law Journal Press publications.

For the past several years, many HPM&B partners have

been recognized as Best Lawyers in America® and Super

Lawyers®.

Our Innovative Approach to Technology

We believe in the advancement of technology in the courtroom

and in the office and have been at the forefront of this movement,

pioneering the use of computer-generated exhibits in the New York,

Connecticut, Long Island and Westchester area.

Appellate Practice

Many of our corporate clients choose the appellate courts

to advance legal positions that will positively affect their

ability to defend future litigation. Because our appellate

attorneys also have trial experience, they understand

how best to present arguments and create a record that

will lead to favorable results at trial, during post-trial

proceedings, or on appeal. Notably, HPM&B has been a

leader in successful challenges of unqualified or unreliable

medical expert testimony under Daubert and Frye and

pioneered the use of bifurcation motions in medical

malpractice cases.

This group of highly skilled attorneys also assists

colleagues and clients when complex issues arise outside

the appellate context, such as developing and presenting

positions regarding proposed legislation and regulations

that may affect their interests.

HPM&B attorneys have handled more than 200 appeals in a broad

variety of cases, including several groundbreaking cases in the

highest courts of New York and Connecticut.

Commercial Litigation and General Liability

HPM&B’s Commercial Litigation and General Liability Law Group

serves as business and litigation counsel to a wide variety of clients,

from individuals to Fortune 500 companies. Our work encompasses

breach of contract and breach of non-competition covenant

claims, leasing and real estate disputes, insurance coverage issues,

actions for recovery of property, tortious interference with business

relationships and fraudulent business practices, premises liability,

automobile accident liability and construction litigation. We have

many years of experience handling trials and appeals, mediations

and arbitrations.

Over the years, we have represented a number of national

retailers including Target, Staples, Starbucks, Walgreens,

CVS, Rite Aid, Duane Reade, Tops Market, Wegman’s,

Waldbaum’s/A&P, and Osram-Sylvania, pharmaceutical

companies including Bayer Corporation, residential

building owners, and smaller companies and individuals

who are insured by carriers such as Chartis (formerly

AIG), ACE, Arch, and CNA. In addition, our hospital

clients regularly ask us to handle premises liability

cases arising from incidents at their facilities. We have

defended hundreds of slip-and-fall cases involving leaky

machines, slippery floors, spilled coffee, defective sidewalks

and uneven surfaces. Many cases have involved alleged

labor law violations, premises security and negligent hiring

and supervision.

Whether litigating in court or resolving disputes through

alternative means, we strive to achieve superior results in

the most cost-effective manner.

Healthcare Law

At HPM&B, we recognize a growing need for high-quality legal

representation in matters concerning physician investigation and

licensure by governmental authorities and billing audits by medical

insurance carriers.

For more than 30 years, the Healthcare Law Group

at HPM&B has successfully protected the interests of

medical professionals when they have become targets of

such proceedings. Medical professionals also frequently

retain our healthcare law attorneys to organize and

incorporate their practices, and to prepare and negotiate

employment and partnership agreements on their behalf.

Complemented by our experienced medical litigation

attorneys, HPM&B’s healthcare law group is well equipped

to understand and ardently protect our clients’ interests.

Labor and Employment Law

HPM&B offers counseling and litigation services to management

in employment discrimination cases for a variety of industries. This

includes our traditional pharmaceutical and healthcare clients, as

well as educational institutions, publishers, retailers, auto dealers

and not-for-profit institutions.

The prevention of claims is a major focus of the Labor

and Employment Law Group. We work with clients to

develop effective policies and training programs designed

to bring the workplace into compliance with state, local

and federal mandates, to improve employee relations

and to boost productivity. In addition to providing

guidance on issues involving wages, hourly regulations,

and administration of leave and benefits, we offer training

programs to managers and administrators to help them

prevent and effectively deal with sexual harassment

and prohibited discrimination (including race, gender

and national origin discrimination). We also offer staff

programs that ensure company polices are properly

disseminated and reinforced.

The group is also experienced in conducting audits to

enable frank assessment of potential exposure. We draft

or revise handbooks and personnel rules and policies,

tailoring these documents to the specific workplace.

When a known problem exists, we conduct internal

investigations and render advice regarding disciplinary

action and corrective measures.

Medical Liability and Risk Management

When it comes to medical liability defense, HPM&B is an

undisputed leader in the field. We have defended thousands of

medical malpractice cases of every type, from anesthesia to urology,

and our trial lawyers are well known and respected by both the

judiciary and the plaintiff’s bar.

We are regularly asked to defend high exposure cases

involving catastrophic obstetrical and neurological injuries.

Our clients include the region’s most prominent medical

centers and the top physicians in their specialties. We

have worked with every medical liability insurance carrier

in the region for over thirty years. Based on our successful

track record in New York and Connecticut, HPM&B has

been retained by several companies to handle major cases

in other jurisdictions. Working closely with local counsel

and in-house staff, we identify theories of defense, retain

experts, advise which cases should be tried and which

should be resolved out of court.

Because the defense of medical malpractice cases requires

an understanding of complex medicine, the group also

includes professionals with formal training in the medical

sciences. We have the expertise to review and analyze

medical records, conference and depose experts, and to

identify areas of the case upon which success at trial or

summary judgment can be premised.

Also, our strong relationships with major university

medical centers has enabled us to build a broad database of

highly qualified medical and scientific experts to provide

authoritative testimony regarding standard of care, and

cause and extent of injuries.

Risk Management Counseling

In addition to defending medical liability claims, the group

provides risk management counseling, helping our clients

develop strategies for avoiding adverse outcomes and

lawsuits, and inculcating best practices in their workforces.

HPM&B attorneys have lectured across the country

to groups such as the Association of Hospital Risk

Management, the Society of Medical Jurisprudence

and the Hospital Financial Management Association.

Regularly consulted by hospital department and quality

managers, we also offer on-call legal assistance to hospital

administrators who are faced with day-to-day decisions that

impact patient care and liability exposure at their facilities.

Products Liability and Mass Tort

HPM&B is recognized nationally for its representation of

corporations and other organizations that are drawn into the highly

specialized areas of products liability and mass tort litigation. We

have expertise in cases involving medical devices, pharmaceutical

drugs, human biologics, and over-the-counter medications.

We also handle claims involving mass and environmental

exposure. Our attorneys are regularly honored as “Best

Lawyers®” and “Super Lawyers®” for their commitment

and the results they achieve for their clients. We have

represented several clients in national multi-district

litigations. They include Bayer Corporation (Baycol®,

Phenylpropanolamine [PPA], Ciprofloxacin [Cipro®],

Miles Laboratories (blood factor concentrates), C.B.

Fleet Company, Inc. (Fleet Phospho-Soda®), Merck

(Vioxx®), and Bausch & Lomb (ReNu® with MoistureLoc®

Multi- Purpose Contact Lens Solution). We routinely

defend claims involving medical devices such as MRI

machines and Lasik equipment, asbestos, mold, and lead

paint exposure, lighting products, latex gloves, computer

keyboards, pesticides, breast implants, flammable flooring

materials, allegedly contaminated food and defective

exercise equipment.

As lead counsel, we develop and execute litigation

strategies tailored to the particular case and business

considerations of our clients. We are aggressive throughout

all stages of discovery. Because of our track record as trial

attorneys, our adversaries know that we can and will try

cases to verdict. This creates leverage for resolving cases

without trial. But if an early resolution is not possible, we

take pride in our ability to explain and present complex

scientific issues in a manner that jurors will understand.

In the Bausch & Lomb litigation, the company was

involved in mass tort litigation for the first time following

the recall of its over-the-counter contact lens solution. We

were instrumental in the early resolution of those cases as

part of a national trial team that achieved Frye/Daubert

dismissals of a large number of claims and negotiated

settlements in a category of claims that avoided dismissal.

Charles Bach, a senior partner at HPM&B, was chosen to

represent Bausch & Lomb at trial.

After thirty years of experience representing the medical

and scientific communities, we have access to the best

experts in the nation. In the Fleet litigation, for example,

we were instrumental in the development of an advisory

expert panel of various physicians and scientists to prepare

for expert depositions and courtroom testimony. We also

developed and maintained a medical article database

specific to the litigation. Our role as national science

counsel led to our appointment by the MDL court as

settlement claims administrator in the Fleet litigation.

Products Liability and Mass Tort

We also were trial counsel for Bayer in its Cipro® litigation and

served as regional coordinating and trial counsel in the PPA and

Baycol® litigations. In those litigations, we coordinated more than

1000 cases in New York.

We also served as trial counsel for Miles Laboratories in

litigation involving hemophiliacs claiming exposure to

HIV and the contraction of AIDS and hepatitis from

the administration of blood factor concentrates. We

coordinated the discovery and pre-trial proceedings in

approximately 60 cases consolidated in New York County.

We have served as national counsel for a keyboard

manufacturer in the repetitive stress injury cases and

have spent years serving as coordinating counsel for

several clients in asbestos litigation in New York. Indeed,

HPM&B was one of the first firms to successfully defend at

trial in the Southern District of New York an asbestos case

in the early years of the litigation.

In addition, our firm serves as regional coordinating

counsel for two major insurance carriers, monitoring

birth injury and other high exposure claims. Given our

particular expertise in handling cases with potential

sustainable verdicts in excess of ten million dollars, we

have taken over the direct defense in many of these cases.

HPM&B was one of the first law firms in New York and

Connecticut to bring technology into the courtroom.

Today, we utilize technology during trial effortlessly,

working with our in-house support team who are familiar

with the needs of the trial lawyers and the logistics of the

courtroom. We were among the first firms to recognize

that juries are receptive to computer models, imaging and

animations using cutting edge equipment and software.

Finally, we often engage our Appellate Practice Group to

deal with thorny legal issues and obtain early dispositions

through motion practice where possible, avoiding the

expense and uncertainties of trial. In one highly-

publicized suit against our client, a major manufacturer

of MRI machines, we successfully argued that the maker

could not be liable for punitive damages. Later, we

obtained a complete dismissal on the ground that the

suit was preempted by the federal 1976 Medical Device

Amendments to the Food, Drug and Cosmetic Act under

the Supreme Court’s 2008 holding in Riegel v. Medtronic,

Inc. We convinced the court to extend Riegel to products,

like the MRI machine at issue, that have been reclassified

as Class II devices and thus subject to less stringent FDA

oversight following pre-market approval.

Professional Liability

HPM&B has represented professionals from a variety of disciplines

including lawyers, architects, engineers, accountants, financial

advisors, investment agents, officers and directors of corporations,

and real estate brokers. Our Professional Liability Group has

defended clients directly and on behalf of their insurance carriers,

in errors and omissions claims, in shareholder derivative suits

alleging breech of fiduciary duty, and in employment related torts.

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officers liability

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