Wendy West Feinstein

An example of Wendy’s success at trial, she served as lead trial counsel for Teva Pharmaceuticals and affiliated entities in several trials in the national opioid litigation, including achieving the litigation’s first trial defense win. The trial victory came after seven years of litigation and more than four months of trial in the Orange County, California Superior Court, in which three California cities and one county sought to recover $50 billion for public nuisance and violations of the state unfair competition and deceptive trade practices laws.

The opioid litigation brought in nearly every state by several political subdivisions and state attorneys general presented a novel use of common law and statutory public nuisance claims, misrepresentation, false marketing, RICO, and other claims. Wendy and the defense team developed jurisdiction-specific approaches to defend each trial, resulting in several in-trial settlements in Ohio, Rhode Island, and California and other pretrial settlements in Nevada and Maryland.

With trial experience in multiple jurisdictions, Wendy works with clients to engage in the early assessment of disputes, including determining whether the client is a primary liability target, whether the disputed issue is inextricably tied to the client’s brand or core business, and whether regulatory or other actions are related to the dispute, among other things. Wendy closely partners with her clients’ legal and business teams to devise efficient and cost-effective strategies to manage litigation at every stage of the dispute, from prelitigation negotiations, evaluating options for early motion practice, and assessing pros and cons of consolidated or coordinated actions to dispositive motion practice, selecting and challenging experts, jury selection, and trial strategy. Wendy guides clients through litigation and trial while minimizing exposure and containing costs to achieve favorable outcomes that align with the client’s business objectives and risk tolerance.

A trusted advisor and collaborator in large-scale and crisis litigation, Wendy currently serves with other Morgan Lewis lawyers as national coordinating and trial counsel in both the talc and silica litigation. She has served as coordinating and trial counsel in the CPAP litigation and for opioid manufacturers in federal multidistrict litigation (MDL) and state opioid litigation. She has also served as trial counsel in False Claims Act cases, and serves or has served as a key national defense team leader in several other MDL and state-coordinated litigations. Examples of her federal MDL experience include In re: Philips Recalled CPAP, Bi-Level PAP, and Mechanical Ventilator Products Liability Litigation; In re: Generic Pharmaceuticals Pricing Antitrust Litigation; In re National Prescription Opiate Litigation; In re Xarelto (Rivaroxiban) Products Liability Litigation; In re: Mirena IUD Products Liability Litigation; and In re: Yasmin and YAZ (Drospirenone) Marketing, Sales Practices and Products Liability Litigation, and related state coordinated proceedings.

Wendy’s pretrial strategy and cross-examination of experts have resulted in the exclusion of opposing experts and dismissal of claims through summary judgment. She has also successfully achieved early dismissals on motions to dismiss or early negotiations to resolve matters without protracted litigation. Where matters have gone to verdict, Wendy has achieved a consistently positive track record of success. Her experience at trial spans many industries including manufacturing, private equity, and construction, and includes jury and bench trials, arbitrations, injunctions, and Markman hearings throughout the United States.

Wendy is a fellow of the Academy of Trial Lawyers of Allegheny County and an active member of the International Association of Defense Counsel, Q. Todd Dickinson IP Inn of Court, Allegheny County Bar Association Federal Court Section Council, and Federal Bar Association. She frequently speaks at conferences and CLE events about complex, multidistrict, pharmaceutical, and False Claims Act litigation. Wendy also serves on the Investigative Division of the Pennsylvania Bar Association Judicial Evaluation Commission and on a Merit Panel for the US District Court for the Western District of Pennsylvania. She has also served on nonprofit boards.

Wendy currently serves as the deputy practice area leader for products, torts, and environmental and as managing partner of the firm’s Pittsburgh office.

• Obtained defense judgment in favor of opioid manufacturers in public nuisance and false advertising litigation brought by three counties and a city on behalf of the People of the State of California
• Represented a global pharmaceutical company in federal and state litigation involving opioid pain medication
• Represented a global medical device manufacturer in litigation involving CPAP, Bi-PAP, and ventilators
• Represented a global pharmaceutical company in federal antitrust litigation
• Represented a global medical device manufacturer in product liability litigation involving dialysis products
• Represented a global medical device manufacturer in litigation involving urology devices
• Represented a global pharmaceutical company in product liability litigation involving an oral anticoagulant in federal MDL and consolidated state litigation
• Represented a global pharmaceutical company in product liability litigation involving an intrauterine system in federal MDL and consolidated state litigation
• Represented a manufacturer of fiber reinforcement products in patent and unfair competition litigation
• Represented a global pharmaceutical company in product liability litigation involving combined oral contraceptives in multidistrict federal litigation and consolidated state litigation
• Represented a global manufacturer of highway products in a trial on False Claims Act violations
• Represented a medical device manufacturer in a case asserting trademark and copyright infringement that was favorably resolved shortly after the complaint was filed
• Represented a global manufacturer of highway products in patent infringement and unfair competition litigation
• Represented a regional company in successful arbitration of a dispute with its former CEO and principal over the terms of an executive employment agreement and purchase agreement
• Represented a foreign sovereign in dismissal of litigation brought pursuant to the Foreign Sovereign Immunities Act
• Obtained judgment following a bench trial in favor of a company in a dispute over the purchase of regional radio stations
• Represented a hotel operating company in trademark and contract litigation resulting in a favorable settlement following discovery
• Represented a manufacturer of flow meters for nuclear power plants in litigation with suppliers of parts resulting in a favorable settlement following discovery
• Represented a global manufacturer of solar panels in litigation against a manufacturer of specialized plant equipment resulting in a favorable settlement following discovery