Pharmaceutical litigation and related discovery often involves science and technical or medical data, with clients facing multi-party and multi-jurisdictional cases, class actions, MDL proceedings, and state coordinated proceedings, as well as individual cases. Our pharmaceutical clients operate in an evolving and intense regulatory environment where product patents, efficacy, labeling and marketing, and global business practices are often closely scrutinized or under attack. In addition, some litigants are increasingly using the discovery process as a tool to hijack resources and distract from substantive issues in product liability litigation.
As discovery and review counsel for some of the world's leading pharmaceutical companies, we provide integrated information governance, and discovery and review counsel services across the various government investigations and litigation they face. Services include:
- Advocating on our clients' behalf with regulators and before the courts to right-size discovery and subpoena requests to the true needs of the matter
- Advising on preservation and legal holds practices and technology
- Developing defensible information governance lifecycle strategies, including advising on defensible disposal
- Providing counsel on data management
- Conducting large-scale reviews of electronically stored information (ESI) in connection with product liability, patent, or commercial litigation or arbitrations, and governmental investigations, using advanced technology, project management, and smart staffing practices and a client relationship model that enables sound budget management
Our pharmaceutical electronic discovery and information governance services build upon Nelson Mullins' pharmaceutical and medical device litigation practice. The Firm's pharmaceutical and medical device litigators have experience in all phases of complex pharmaceutical litigation, and have deep trial experience, having tried cases in over 46 states in addition to working extensively with experts to simplify and present complex scientific issues to juries. In addition to having 300 seats of review capacity in our discovery review centers in Columbia, SC, and Nashville, TN, Nelson Mullins Encompass has the ability to draw upon the Firm's pharmaceutical litigators more broadly.
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Spanish Language Investigation with Over 300 Custodians in 17 Countries
As global discovery and review counsel for our client, a pharmaceutical company with global operations, Nelson Mullins Encompass conducted a review for a matter involving an internal investigation into the company's practices in Latin America. The Encompass team performed a document review involving documents from over 300 custodians across 17 countries. We reviewed almost 5 million pages using a team that included contract review lawyers fluent in Spanish.
Multidistrict Product Liability Litigation
Nelson Mullins Encompass served as national discovery and document review counsel in connection with our pharmaceutical client's defense of large, complex, multidistrict product liability litigation. The review included use of technology assisted review (TAR), with a review scope including millions of documents from over two hundred custodians, including foreign language document review in French, German, and Japanese.
Patent Troll Litigation Defense
When faced with patent troll lawsuits alleging patent infringement, our global pharmaceuticals client contacted us to conduct document review in coordination with case counsel handling its defense. Encompass employed a variety of tools to analyze approximately 2.8 million pages, including material involving technical research, complex biochemistry, and genetics.