The ABCs of BMS: Surveying the Post-Bristol-Myers Squibb Landscape

Class Action Litigation Reporter
December.21.2017

Orrick Complex Litigation & Dispute Resolution partner Jim Stengel and Supreme Court & Appellate senior associate Marc Shapiro co-authored an analysis of how the U.S. Supreme Court ruling in Bristol-Myers Squibb Co. v. Superior Court of California from last term has played out in mass class action litigation.

Authors

James Stengel Partner, Mass Torts & Product Liability, Bankruptcy Litigation

New York

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D:+1 212 506 3775
E: [email protected]

Practice:

Mass Torts & Product Liability
Bankruptcy Litigation
Complex Litigation & Dispute Resolution
Class Action Defense
Automotive Technology & Mobility
Trials

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James Stengel Partner

New York

Jim is consistently recognized as a leading lawyer in legal publications such as Chambers USA and Benchmark Litigation. Chambers notes Jim is "able to handle a wide range of mass torts and class actions, including particular strength in toxic tort-related mandates.” Clients told the publication that Jim “is extremely professional, with excellent brief writing and oral arguments,” calling him “a great guy and a great lawyer."

Jim has served in a variety of management roles at Orrick, including Managing Director of Litigation, Member of the Executive Committee and Board, Lead Director, and as a member of the firm’s Management Committee.

Jim has written and lectured on complex litigation and mass tort subjects at a variety of law schools and seminars.

Before joining Orrick, Jim was a partner at Donovan Leisure Newton & Irvine LLP.

Marc R. Shapiro Partner, Class Action Defense, Mass Torts & Product Liability

New York

See my bio

D:+1 212 506 3546
E: [email protected]

Practice:

Finance Sector
Class Action Defense
Mass Torts & Product Liability
Financial Services Litigation
Trials
Supreme Court & Appellate
Complex Litigation & Dispute Resolution

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Marc R. Shapiro Partner

New York

Marc represents clients in federal and state court at the trial and appellate levels with a particular focus on class actions, multi-district litigation, and mass joinders. Among Marc’s current engagements, he represents Johns Hopkins University and Teachers Insurance and Annuity Association of America in over a dozen class actions arising out of a data breach of the MOVEit file transfer software; University of Washington in a pandemic-related class action seeking refunds of tuition and fees on behalf of students; ZoomInfo Technologies LLC in a data privacy class action alleging unlawful disclosure of personal information under federal and state laws; Goldman Sachs in a pay and promotion gender discrimination class action; NCAA in concussion and injury-related cases throughout the country; Marathon Oil Corporation in nationwide climate change litigation; and multiple foreign defendants in a class action arising out of allegedly defective drywall.

Recently, Marc successfully prevailed at trial before the Delaware Chancery Court and earned Litigator of the Week recognition by Law.com for defeating claims by Netflix star Julia Haart that she owns half the shares of Elite World Group; secured dismissal of a dozen class actions against the University of California and Santa Clara University brought by students seeking refunds of tuition and fees due to COVID-driven transition to remote instruction; and defeated class certification and secured affirmance on appeal by the Ninth Circuit in an employment discrimination class action against Microsoft.

Marc served as a law clerk to Judge Betty B. Fletcher of the U.S. Court of Appeals for the Ninth Circuit. Prior to joining Orrick, Marc worked as an appellate and post-conviction attorney for the Equal Justice Initiative. In that capacity, he engaged in trial level and appellate representation of clients in both state and federal court, including two cases that were briefed and argued before the United States Supreme Court.

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